Agenda packet — Palm Springs City Council, April 9, 2025 (part 1 of 3)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

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

REGULAR MEETING AGENDA

APRIL 9, 2025

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Ron deHarte, Mayor
Naomi Soto, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
David Ready, Councilmember
Scott Stiles, City Manager

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

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

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

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

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

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

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

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

April 9, 2025 City Council Regular Meeting Agenda 2

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS: NONE

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

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

REPORT OF CLOSED SESSION:

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

1. CONSENT CALENDAR:

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

A. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of March 27, 2025.

April 9, 2025 City Council Regular Meeting Agenda 3

B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 02-15-25 and 03-01-25 TOTALING $5,177,386.27 AND ACCOUNTS PAYABLE WARRANTS DATED 02-13-25 and 02-27-25 TOTALING $15,193,039.05, IN THE AGGREGATE AMOUNT OF $20,370,425.32 DRAWN ON BANK OF AMERICA.”

C. REPORT ON CITY COUNCIL STRATEGIC VISIONING SESSION
RECOMMENDATION:

Receive and file.

D. APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25N068 WITH GATE GOURMET, INC FOR THE USE OF APRON SPACE TO

PARK TWO CATERING VEHICLES AT THE PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

Approve the Airport Non-Exclusive Operating and Lease Agreement No. 25N068 with Gate Gourmet permitting the parking of two catering vehicles at the Airport from March 1, 2025 through February 28, 2026 with two one-year options to extend.

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

E. APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L083

WITH ALCLEAR, LLC DBA CLEAR, FOR BIOMETRIC PASSENGER SCREENING

SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Non-Exclusive Operating and Lease Agreement No. 25L083 with Alclear, LLC dba CLEAR (Attachment A) consisting of a one-year term, from April 1, 2025, to March 31, 2026, with two one-year extension options, generating a yearly space rent of $115,478.72 and $0.75 per unique member verified using CLEAR biometric screening services with a minimum annual guarantee of $111,000.

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

F. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 25C066 WITH HI-LITE April 9, 2025 City Council Regular Meeting Agenda 4
F. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 25C066 WITH HI-LITE

AIRFIELD SERVICES LLC FOR THE PURCHASE OF AIRPORT RUNWAY

MATERIALS WITH RELATED SUPPLIES AND SERVICES FOR THE PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Cooperative Purchase Agreement No. 25C066 (Attachment A) with Hi-Lite Airfield Services LLC for the purchase of airport runway material with related supplies and services for the Palm Springs International Airport for a five-year term beginning April 10, 2025, through April 9, 2026, in an amount not to exceed $17,600,000.

1. Appropriate $600,000 from Airport Fund 415 to Airport Account 4157030-40105 budget for Fiscal Year 2024-25.

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

G. APPROVE CONSULTING SERVICES AGREEMENT NO. 25P065 WITH KAPLAN

KIRSCH LLP FOR LEGAL COUNSEL SERVICES FOR PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Consulting Services Agreement No. 25P065 with Kaplan Kirsch LLP to provide legal counsel services for Palm Springs International Airport for an initial three-year term in an amount not to exceed $2,700,000 beginning April 10, 2025, through April 9, 2028, with two one-year extension options at the City’s sole discretion.

1. Appropriate $75,000 from the Airport Fund 415 to Airport account 4157020-40106.

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

H. APPROVE TRANSPORTATION NETWORK COMPANY (TNC) OPERATING

PERMIT AGREEMENT AND TNC RATE INCREASE FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve the Transportation Network Company (TNC) Operating Permit Agreement and rate increase from $3.00 to $4.00 for each drop-off and pick-up for all TNCs operating at the Palm Springs International Airport (Airport) for the term effective May 1, 2025 and not to exceed two years from date of issue.

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

April 9, 2025 City Council Regular Meeting Agenda 5

I. APPROVE CONTRACT SERVICES AGREEMENT NO. 25B061 WITH KALMIKOV ENTERPRISES, INC. DBA FIRE APPARATUS SOLUTIONS, FOR FIRE

APPARATUS AND HEAVY EQUIPMENT VEHICLE REPAIR SERVICES
RECOMMENDATION:

Approve Contract Services Agreement 25B061 with Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions, to provide Fire Apparatus and Heavy Equipment Vehicle repair services in an amount not to exceed $705,000 for the initial three-year term beginning April 9, 2025, through April 8, 2028, with two one-year extension options at the City’s sole discretion; and

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

2. J. ACCEPTANCE OF THE PALM SPRINGS INTERNATIONAL AIRPORT SHADE

STRUCTURES
RECOMMENDATION:

Accept the Capital Improvement Project identified as Airport Shade Structures (“Project”), as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Airport Shade Structures.

2. K. APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 5701 WITH DOKKEN ENGINEERING FOR THE SOUTH PALM

CANYON DRIVE LOW WATER CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH, CITY PROJECT NO. 06-18, FEDERAL AID PROJECT NO.

BR-NBIL (502)
RECOMMENDATION:

1. Approve Amendment No. 3 in the amount of $24,581.70 to Professional Services Agreement No. 5701 with Dokken Engineering for a new not-to-exceed amount of $912,615.30 for the South Palm Canyon Drive Low Water Crossing Bridge Replacement, City Project No. 06-18, Federal Aid Project No.

BR-NBIL(502); and
Authorize the City Manager to execute all necessary documents. 2.

April 9, 2025 City Council Regular Meeting Agenda 6

L. APPROVAL OF AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT A8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE SERVICES FOR THE REMAINDER OF FISCAL YEAR 2024-2025 RECOMMENDATION:

Approve Amendment No. 4 to Contract Services Agreement No. 8865 with St.

Francis Electric, LLC, increasing the maximum annual contract amount by $275,000 for Traffic Signal Maintenance Services for Fiscal Year 2024-2025; and

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

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

2. PUBLIC HEARINGS:

A. REVIEW OF THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2025/2026
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

Provide direction to City Staff on the Comprehensive Fee Schedule. 2.

3. BUSINESS & LEGISLATIVE:

A. INTRODUCTION OF AN ORDINANCE, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.29.010 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND

THE PLANNING COMMISSION TO EIGHT MEMBERS, SEVEN VOTING
MEMBERS AND ONE NON-VOTING MEMBER.”
RECOMMENDATION:

Introduce and conduct a first reading of, by title only, an Ordinance entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.29.010 OF THE PALM SPRINGS

MUNICIPAL CODE TO EXPAND THE PLANNING COMMISSION TO EIGHT MEMBERS, SEVEN VOTING MEMBERS AND ONE NON-VOTING MEMBER.”

April 9, 2025 City Council Regular Meeting Agenda 7

B. DISCUSSION AND APPROVAL OF CONSTRUCTION DOCUMENTS AND

AUTHORIZATION TO BID FOR THE SOUTH PALM CANYON DRIVE LOW WATER

CROSSING BRIDGE REPLACEMENT AT ARENAS CANYON SOUTH, CITY PROJECT NO. 06-18, FEDERAL AID PROJECT NO. BR-NBIL (502) RECOMMENDATION:

Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the South Palm Canyon Drive Low Water Crossing Bridge Replacement at Arenas Canyon South, City project No. 06-18, Federal Aid Project No. BR-NBIL(502); and

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

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

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

ADJOURNMENT:

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

City of Palm Springs )

I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on April 4, 2025, and posted on the City’s website as required by established policies and procedures.

____________________________
Brenda Pree, MMC, CERA
City Clerk
April 9, 2025 City Council Regular Meeting Agenda 8

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

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

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

April 9, 2025 City Council Regular Meeting Agenda 9

City of Palm Springs DRAFT MINUTES Page 1

Thursday, March 27, 2025
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Thursday, March 27, 2025 , at 5:32 p.m.

PLEDGE OF ALLEGIANCE:

Councilmember Ready led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Jeffrey Bernstein , Grace Elena Garner, and David Ready ; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.

Absent: None.

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

PRESENTATIONS :

A. PALM SPRINGS NAVIGATION CENTER UPDATE
Housing & Community Development Director Virata, Police Lieutenant Villegas, and Community Behavioral Assistance Team Officer s Crocker and Clinician Romero, including the following Martha’s Village and Kitchen staff members: Anne Eiring, Interim Director of Programs & Operations; Alejandra Diaz, Director of Programs and Operations; Espy Ortiz, VP of Programs & Operations; Sam Hollenbeck, President & CEO; Greg Rodriguez, Board Member; and Rosa Verduzco, Chief Operating Officer provided an update on the Navigation Center.

PROCLAMATIONS:

Mayor deHarte announced the issuance of the following proclamations:

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City of Palm Springs DRAFT MINUTES Page 2
• On March 18, 2025, Mary Bono received the 476th star on the Palm Springs Walk of Stars. Mary was honored for her outstanding contributions in humanitarian work, the entertainment industry, and civic leadership as a member of the United States Congress representing the Coachella Valley. • Stonewall Gardens Assisted Living Day was proclaimed on March 20, 2025. Stonewall Gardens Assisted Living has been a beacon of inclusivity, dignity, and respect for the LGBTQ+ seniors, ensuring a welcoming environment in their commitment to providing high -quality care that honors identities, relationships, and life experiences.
• On March 29, 2025, we will celebrate Trans Pride Day in the City of Palm Springs. “Trans Pride Empower and Employ” aims to empower transgender individuals through employment opportunities, educational workshops, and community engagement. The continued succ ess of this program underscores the importance of representation, inclusion, and community building, strengthening bonds across diverse groups and showcasing spirit, unity, and acceptance.

ACCEPTANCE OF THE AGENDA:

MOTION BY MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to accept the agenda.

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of March 27, 2025 , was called to order by Mayor deHarte at 4:00 p.m.

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

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

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
4721 East Palm Canyon Drive, Suites A-E, and F
Scott Stiles, City Manager; Jeannie Kays, Library Director Pacific Castle Rimrock, LLC
Price and Terms of Lease

CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code Section 54957.6:

City Negotiators:

Employee organization:

Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)

PUBLIC TESTIMONY:

Mark Feigin, John Corliss, and Dino Negron provided oral testimony.

Item 1A - Page 2
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1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5-0, to approve the Consent Calendar.

A. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5 -0, to approve the City Council Meeting Minutes of March 7, 2025, and March 12, 2025.

B. ACCEPTANCE OF A RESIGNATION FROM THE ADMINISTRATIVE APPEALS

BOARD AND APPOINTMENT TO THE AIRPORT COMMISSION

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

1. Accept the resignation of Steven Hermann from the Administrative Appeals Board.

2. Reappoint Denise Delgado, from the City of Coachella to the Airport Commission effective immediately for a term expiring on December 31, 2025.

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2025

MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY MAYOR PRO TEM SOTO, CARRIED 5 -0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2025.

D. APPROVE PLACEMENT OF THE ARTWORK POPSICLES BY ARTIST JOHN

CERNY IN SUNRISE PARK BY THE NORTHERN WALL OF THE LEISURE CENTER, LOCATED AT 480 SOUTH SUNRISE WAY

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

1. Approve placement of the Popsicles artwork by Artist John Cerny in Sunrise Park in front of the northern wall of the Leisure Center, located at 480 South Sunrise Way.

2. Authorize the City Manager to execute all necessary documents to facilitate the placement of the Popsicles artwork outside the northern wall of the Pavillion.

E. APPROVE CONTRACT SERVICES AGREEMENTS NO. 25B043 AND 25B044 WITH MOORE FENCE COMPANY, INC. AND 25B045 AND 25B046 WITH QUALITY FENCE CO. INC. FOR ON-CALL FENCE REPAIR AND INSTALLATION SERVICES

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

1. Approve Contract Services Agreement 25B043 with Moore Fence Company, Inc. to provide on-call fence repair and installation services for the Public Works department in an amount Item 1A - Page 3
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not to exceed $420,000 for the initial three-year term beginning March 31, 2025, through March 30, 2028, with two one-year extension options at the City’s sole discretion; and

2. Approve Contract Services Agreement 25B044 with Moore Fence Company, Inc. to provide on-call fence repair and installation services for the Parks & Recreation department in an amount not to exceed $300,000 for the initial three -year term beginning March 31, 2025, through March 30, 2028, with two one-year extension options at the City’s sole discretion; and

3. Approve Contract Services Agreement 25B045 with Quality Fence Co., Inc. to provide on- call fence repair and installation services for the Public Works department in an amount not to exceed $280,000 for the initial three-year term beginning March 31, 2025, through March 30, 2028, with two one-year extension options at the City’s sole discretion; and

4. Approve Contract Services Agreement 25B046 with Quality Fence Co., Inc. to provide on- call fence repair and installation services for the Parks & Recreation department in an amount not to exceed $200,000 for the initial three -year term beginning March 31, 2025, through March 30, 2028, with two one-year extension options at the City’s sole discretion; and

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

F. APPROVE RESOLUTION OF INTENTION AND PROPOSED BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4, LATITUDE 61, TRACT #38776

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

1. Adopt Resolution No. 25284 entitled, "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4, LATITUDE 61, TRACT #38776.”

2. Set the public hearing for 5:30 p.m. on May 14, 2025, for public comment and the filing of written protest by any property owner regarding the annexation of territory to CFD 2007 -1, the levy of a special tax for public safety services, and a special landowner election.

G. APPROVE A RESOLUTION OF INTENTION AND PROPOSED BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846

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

1. Adopt Resolution No. 25285 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005 -1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846.”

2. Set the public hearing for 5:30 p.m. on May 14, 2025, for public comment and for the filing of written protest by any property owner regarding the annexation of territory to CFD 2005- 1, the levy of a special tax for public safety services, and a special landowner election.

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H. APPROVE RESOLUTION OF INTENTION AND PROPOSED BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 28, SERENA PARK, TRACT MAP NUMBERS 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691

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

1. Adopt Resolution No. 25286 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005 -1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 28, TRACT MAP NUMBERS 39025, 36691 -1, 3 6691-2, 36691 -3, 36691-4, 36691-5, 36691-6, AND 36691.”

I. ACCEPTANCE OF OUTDOOR EXERCISE EQUIPMENT INSTALLATION AND

SURFACING IMPROVEMENTS AT DESERT HIGHLAND PARK

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

1. Accept the public works improvement identified as Desert Highland Park Surfacing Improvements, as completed in accordance with the Construction Contract; 24C253.

2. Authorize the Director of Parks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Desert Highland Park Surfacing Improvements project.

3. Accept the public works improvement identified as Desert Highland Park Exercise Equipment Purchase and Installation, as completed in accordance with the Construction Contract; 24I283.

4. Authorize the Director of Parks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Desert Highland Park Exercise Equipment Purchase and Installation.

J. ACCEPTANCE OF PLAYGROUND EQUIPMENT INSTALLATION AT BARISTO PARK

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

1. Accept the public works improvement identified as Baristo Park Replacement Playground Equipment, as completed in accordance with the Construction Contract; 24C111.

2. Authorize the Director of Parks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion for purchase of playground structures and installation for Baristo Park.

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K. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC., A

CALIFORNIA CORPORATION, FOR ON -CALL ASSESSMENT ENGINEERING

SERVICES

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

1. Approve Professional Services Agreement with NV5, Inc., a California corporation, to provide “on-call” Assessment Engineering services for an initial one (1) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed

2. $600,000; and

3. Authorize the City Manager or designee to execute the Agreement and execute all task orders that fall under the Agreement value.

L. ACCEPTANCE OF STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15

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

1. Accept the public works improvement identified as Storm Drain Line 20, Stage 3, City Project 19-15 (“Project”), as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Storm Drain Line 20, Stage 3, City Project No. 19-15.

M. ACCEPTANCE OF THE RECREATION FIELDS LED LIGHTING UPGRADES, CITY PROJECT NO. 19-28

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

1. Accept the public works improvement identified as Recreation Fields LED Lighting Upgrades, City Project 19-28 (“Project”), as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Recreation Fields LED Lighting Upgrades, City Project 19-28.

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

OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENTS,

INCLUDING ONE UNIT WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HD-11) AT 1111 EAST PALM CANYON DRIVE, UNIT 321; AND ONE UNIT WITHIN THE COUNTRY CLUB ESTATES HISTORIC DISTRICT (HD-9) AT 1983 SOUTH

CAMINO REA

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

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

A. 1111 E. Palm Canyon, Unit 321 (Ocotillo Lodge), APN: 511-035-066 B. 1983 S. Camino Real (Country Club Estates), APN: 511-150-009 Item 1A - Page 6
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2. Authorize the City Manager to execute the Agreements.

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

O. APPROVE NON -EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH

GOLDEN VOICE, LLC FOR TERMINAL BUILDING SPACE AT THE PALM

SPRINGS INTERNATIONAL AIRPORT

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

1. Approve Non-Exclusive Operating and Lease Agreement with Golden Voice, LLC, consisting of a one-month term, from April 1, 2025, to April 30, 2025, generating a monthly space rent of $6,430.27 and commercial service fee of 20% of gross merchandise sales.

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

EXCLUDED CONSENT CALENDAR: None.

2. PUBLIC HEARINGS:

A. AN APPLICATION BY WILLIAM GRIMM AND DAVID BRINKMAN FOR HISTORIC SITE DESIGNATION OF “THE DR. HARRY AND BETTY GARBER RESIDENCE” LOCATED AT 2455 SOUTHRIDGE DRIVE (APN 510-260-024), CASE HSPB #162 (SY)

Steven Keylon provided public hearing testimony.

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

1. Open the Public Hearing and receive public testimony.

2. Close the Public Hearing and adopt Resolution No. 25287 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE DR. HARRY AND BETTY GARBER RESIDENCE LOCATED AT1633 VIA ROBERTO MIGUEL, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #162, SUBJECT TO CONDITIONS (APN 510-260-024).”

3. BUSINESS & LEGISLATIVE

A. APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT NO.

A9173 WITH ARCHITECTURAL RESOURCES GROUP INC., IN THE AMOUNT OF $270,761 FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES AND COURTYARD DESIGN, APPROVE TASK ORDER NO. 1 UNDER ON -CALL AGREEMENT NO. A8566 WITH DUDEK, INC., IN AN AMOUNT OF $397,500 FOR

ADDITIONAL CONSTRUCTION MAN AGEMENT AND INSPECTION SERVICES, AND APPROVE ADDITIONAL CONTINGENCY IN THE AMOUNT OF $2,170,000 FOR PLAZA THEATRE REHABILITATION, CITY PROJECT 18-04

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

Item 1A - Page 7
City Council Minutes March 27, 2025
City of Palm Springs DRAFT MINUTES Page 8

1. Authorize the City Manager to approve Amendment No.4 for additional construction administration services and courtyard design, which is nearly $109,000, with Architectural Resources Group Inc., in an amount of $270,761;

2. Authorize the City Manager to approve a task order for additional project management and inspection services from on-call engineering service firm, Dudek, Inc., in an amount of $397,500;

3. Delegate authority to the City Manager or designee to approve and execute additional amendments and construction contract change orders up to a total amount of $2,170,000 with all amendments and change orders reported to the City Council; and

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

B. PALM SPRINGS CONVENTION CENTER INITIATIVES SUMMARY AND

OVERVIEW

Chief Economic Development Officer Olson provided a presentation.

PUBLIC COMMENT: None.

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

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

ADJOURNMENT:

The City Council adjourned the regular meeting of Thursday, March 27, 2025, at 8:17 p.m.

Respectfully submitted,

_________________________
Brenda Pree, MMC, CERA
City Clerk

DRAFT MINUTES PRESENTED TO CITY COUNCIL: 4/9/2025
Item 1A - Page 8
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 02-15-25 and 03- 01-25 TOTALING
$5,177,386.27 AND ACCOUNTS PAYABLE WARRANTS
DATED 02-13-25 and 02-27-25 TOTALING $ 15,193,039.05,
IN THE AGGREGATE AMOUNT OF $ 20,370,425.32
DRAWN ON BANK OF AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and

WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

Kristopher J. Mooney
Director of Finance and Treasury

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.

ADOPTED THIS 9TH DAY OF APRIL, 2025
.

SCOTT STILES

CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 1B - Page 1
Resolution No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby 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
Item 1B - Page 2

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants
PAY DATE 2/21/2025
April 9, 2025
PAYROLL PERIOD ENDING 2/15/2025
FEDERAL TAXES 377,138.92
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422953-422965 25,985.28
LIABILITY CHECK REGISTER 2022249-2022266 37,989.00
PAYROLL DIRECT DEPOSITS 1,891,319.95
STATE TAXES 129,825.30
VENDOR WIRE PYMTS 6,834.14
DEFERRED COMP: ICMA 457 58,258.68
DEFERRED COMP: NATIONWIDE 40,765.35
ICMA RHS CONTRIBUTION 27,862.50
CA DCCS 5,526.29
TOTAL 2,601,505.41
04 09 25 (2) Payroll Wires and Warrants Memo for PPE 021525 | 04092025 |3/25/2025 | 4:49 PM (AM) 1 | 1 Item 1B - Page 3

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants
TOTAL 2,575,880.86
DEFERRED COMP: NATIONWIDE 34,893.29
ICMA RHS CONTRIBUTION 27,850.00
CA DCCS 4,891.09
STATE TAXES 125,220.87
VENDOR WIRE PYMTS 6,963.94
DEFERRED COMP: ICMA 457 60,461.50
FEDERAL TAXES 366,155.53
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422966-422976 22,995.11
LIABILITY CHECK REGISTER 2022534-2022547 37,386.49
PAYROLL DIRECT DEPOSITS 1,889,063.04
PAY DATE 3/7/2025
April 9, 2025
PAYROLL PERIOD ENDING 3/1/2025
04 09 25 (3) Payroll Wires and Warrants Memo for PPE 030125 | 04092025 |3/25/2025 | 4:50 PM (AM) 1 | 1 Item 1B - Page 4
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2025 14:44
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022013 02/13/2025 PRINTED 100824 15000 INC 1,200.00 2022014 02/13/2025 PRINTED 104719 AA BEEKEEPER INC 1,850.00 2022015 02/13/2025 PRINTED 101208 ABM AVIATION INC 116,801.93 2022016 02/13/2025 PRINTED 101814 ADLERHORST INTERNATIONAL 484.00 2022017 02/13/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 21,270.23 2022018 02/13/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 1,385.20 2022019 02/13/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 73,673.59 2022020 02/13/2025 PRINTED 100218 AGUA CALIENTE BAND OF CAH 6,570.00 2022021 02/13/2025 PRINTED 100154 AL MILLER AND SONS ROOFIN 10,500.00 2022022 02/13/2025 PRINTED 103797 ALLISON MECHANICAL INC 4,317.93 2022023 02/13/2025 PRINTED 100912 ALPHA MEDIA LLC 540.00 2022024 02/13/2025 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 6,379.43 2022025 02/13/2025 PRINTED 100755 ALTA LANGUAGE SERVICES IN 426.00 2022026 02/13/2025 PRINTED 102944 AMADEUS AIRPORT IT AMERIC 38,950.32 2022027 02/13/2025 PRINTED 100572 AMAZON COM 350.61 2022028 02/13/2025 PRINTED 103781 AMAZON.COM SALES INC 1,236.00 2022029 02/13/2025 PRINTED 100383 AMERICAN FORENSIC NURSES 3,821.31 2022030 02/13/2025 PRINTED 101380 AMERICAN MEDICAL RESPONSE 4,223.00 2022031 02/13/2025 PRINTED 105129 ART IN METAL USA LLC 20,000.00 2022032 02/13/2025 PRINTED 104905 ASM CONSULTING & INVESTIG 1,555.00 2022033 02/13/2025 PRINTED 100370 AT&T 309.07 2022034 02/13/2025 PRINTED 103384 AVIATRIX COMMUNICATIONS 5,800.00 2022035 02/13/2025 PRINTED 100413 B & H PHOTO 81.93 2022036 02/13/2025 PRINTED 103994 BANNER BANK 22,236.99 2022037 02/13/2025 PRINTED 104540 BARRY SAYWITZ PROPERTIES 8,954.00 2022038 02/13/2025 PRINTED 016673 CHRISTIAN BAYER 296.78 2022039 02/13/2025 PRINTED 016480 BERNSTEIN JEFFREY 189.61 2022040 02/13/2025 PRINTED 101488 BIO SOCAL 2,862.00 2022041 02/13/2025 PRINTED 104611 DORE D BRAND 2,265.00 2022042 02/13/2025 PRINTED 100128 BRODART CO 4,788.61 2022043 02/13/2025 PRINTED 104646 BROTHERS OF THE DESERT CO 3,000.00 2022044 02/13/2025 PRINTED 104371 BUBBLES CARPET CLEANING L 4,564.56 2022045 02/13/2025 PRINTED 104912 BUDGET HOLDINGS INC 53,214.00 2022046 02/13/2025 PRINTED 101203 BUREAU VERITAS NORTH AMER 6,079.47 2022047 02/13/2025 PRINTED 102715 C&S ENGINEERS INC 46,217.40 2022048 02/13/2025 PRINTED 100069 CALIFORNIA CHAMBER OF COM 690.84 2022049 02/13/2025 PRINTED 100587 CALIFORNIA LIBRARY ASSOCI 750.00 2022050 02/13/2025 PRINTED 100551 CAPIO 725.00 2022051 02/13/2025 PRINTED 103633 CARAHSOFT TECHNOLOGY CORP 139,731.52 2022052 02/13/2025 PRINTED 103604 CAROLLO ENGINEERS INC 54,889.38 2022053 02/13/2025 PRINTED 104603 SAN MACEDONIO CO LP 5,550.00 2022054 02/13/2025 PRINTED 101837 CASC ENGINEERING AND CONS 2,796.25 2022055 02/13/2025 PRINTED 101477 CASL INTERPRETING 430.00 2022056 02/13/2025 PRINTED 100112 CDW GOVERNMENT INC 723.43 2022057 02/13/2025 PRINTED 100353 CHARTER COMMUNICATIONS 179.99 2022058 02/13/2025 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2022059 02/13/2025 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2022060 02/13/2025 PRINTED 100353 CHARTER COMMUNICATIONS 169.98 2022061 02/13/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,312.32 2022062 02/13/2025 PRINTED 100353 CHARTER COMMUNICATIONS / 321.93 2022063 02/13/2025 PRINTED 100353 CHARTER COMMUNICATIONS / 41.25 2022064 02/13/2025 PRINTED 100573 CLEAN ENERGY FUELS 2,196.79 Item 1B - Page 5
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AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2025 14:44
User: PatrickW
Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022065 02/13/2025 PRINTED 101634 CODE 3 TECHNOLOGY LLC 901.29 2022066 02/13/2025 PRINTED 015397 LUCIANO COLANTUONO 1,140.00 2022067 02/13/2025 PRINTED 105161 COLLEGE OF THE DESERT FOU 10,000.00 2022068 02/13/2025 PRINTED 103879 COMMERCIAL TRANSPORTATION 336.92 2022069 02/13/2025 PRINTED 104051 CONVERGINT TECHNOLOGIES L 24,365.60 2022070 02/13/2025 PRINTED 100205 NANCY K BOHL INC 2,000.00 2022071 02/13/2025 PRINTED 010915 JARVIS CRAWFORD 90.72 2022072 02/13/2025 PRINTED 104945 CVL ECONOMICS LLC 32,614.17 2022073 02/13/2025 PRINTED 104952 DATASTREAM TECHNOLOGY CON 22,066.89 2022074 02/13/2025 PRINTED 104937 JAMES DAWSON 8,864.00 2022075 02/13/2025 PRINTED 104601 DEANGELO CONTRACTING 14,797.26 2022076 02/13/2025 PRINTED 016481 RON DEHARTE 528.93 2022077 02/13/2025 PRINTED 100265 DELL MARKETING LP 2,145.11 2022078 02/13/2025 PRINTED 103589 DESERT ARC 680.00 2022079 02/13/2025 PRINTED 104524 DESERT BOUTIQUE TMO LLC 7,001.53 2022080 02/13/2025 PRINTED 100048 DESERT FIRE EXTINGUISHER 259.89 2022081 02/13/2025 PRINTED 100580 DESERT PROMOTIONAL EMBROI 4,960.65 2022082 02/13/2025 PRINTED 100008 GANNETT CALIFORNIA LOCAL 4,224.06 2022083 02/13/2025 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 6,234.71 2022084 02/13/2025 PRINTED 101030 DOG TEAM PRO LLC 900.00 2022085 02/13/2025 PRINTED 100254 DOKKEN ENGINEERING 275.55 2022086 02/13/2025 PRINTED 100393 GERGIS YOUSEF 3,768.26 2022087 02/13/2025 PRINTED 100294 DUDEK 45,819.15 2022088 02/13/2025 PRINTED 100054 DESERT WATER AGENCY 108,189.00 2022089 02/13/2025 PRINTED 100054 DESERT WATER AGENCY 124,287.00 2022090 02/13/2025 PRINTED 100054 DESERT WATER AGENCY 2,124.64 2022091 02/13/2025 PRINTED 100054 DESERT WATER AGENCY 17,103.16 2022092 02/13/2025 PRINTED 100054 DESERT WATER AGENCY 697.23 2022093 02/13/2025 PRINTED 100090 EBSCO 5,068.31 2022094 02/13/2025 PRINTED 101293 ENGIE SERVICES U.S. INC. 204,642.56 2022095 02/13/2025 PRINTED 100274 ENGINEERING RESOURCES OF 22,608.80 2022096 02/13/2025 PRINTED 100226 ENTERPRISE RENT A CAR 3,027.24 2022097 02/13/2025 PRINTED 101496 ESCOBEDO ENTERPRISES 1,500.00 2022098 02/13/2025 PRINTED 016242 ANTHONY FELT IV 493.65 2022099 02/13/2025 PRINTED 103451 FIESTA FORD INC 3,312.92 2022100 02/13/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,874.84 2022101 02/13/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 501.22 2022102 02/13/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,144.97 2022103 02/13/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 8,352.47 2022104 02/13/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 852.11 2022105 02/13/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 185.56 2022106 02/13/2025 PRINTED 100169 GENSLER 29,281.74 2022107 02/13/2025 PRINTED 103948 PUSH MEDIA INC 54,032.22 2022108 02/13/2025 PRINTED 100536 GLS US A/R 37.65 2022109 02/13/2025 PRINTED 104516 GROUP 4 ARCHITECTURE RESE 165,483.70 2022110 02/13/2025 PRINTED 105166 LAW OFFICES OF SAMER HABB 40,000.00 2022111 02/13/2025 PRINTED 015811 ALI HARANDI 540.00 2022112 02/13/2025 PRINTED 105130 JACK HOWARD-POTTER 20,000.00 2022113 02/13/2025 PRINTED 016478 THOMAS IBARRA 382.00 2022114 02/13/2025 PRINTED 100494 IMAGE360 - PALM DESERT 4,202.41 2022115 02/13/2025 PRINTED 100483 INFOSAT 226.38 2022116 02/13/2025 PRINTED 105156 RANDALL JACOBSON 2,095.00 Item 1B - Page 6
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2025 14:44
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022117 02/13/2025 PRINTED 016711 JOSHUA JAMIESON 240.89 2022118 02/13/2025 PRINTED 101700 JNS NEXT 12,464.68 2022119 02/13/2025 PRINTED 100336 KEENAN AND ASSOCIATES 21,004.54 2022120 02/13/2025 PRINTED 104139 DIRK KLICK 20.82 2022121 02/13/2025 PRINTED 101768 LEXIPOL LLC 19,000.00 2022122 02/13/2025 PRINTED 100332 LIEBERT CASSIDY WHITMORE 32,554.24 2022123 02/13/2025 PRINTED 100404 LIN LINES INC. 7,564.38 2022124 02/13/2025 PRINTED 015981 JACKIE LINARES 100.00 2022125 02/13/2025 PRINTED 105157 JUAN LIZARRAGA 79.00 2022126 02/13/2025 PRINTED 016461 GUSTAVO LOZA 194.50 2022127 02/13/2025 PRINTED 015824 KEVIN LU 1,140.00 2022128 02/13/2025 PRINTED 103805 M BREY ELECTRIC INC 15,894.69 2022129 02/13/2025 PRINTED 100849 MANSFIELD POWER AND GAS L 83,231.63 2022130 02/13/2025 PRINTED 101210 MARIPOSA LANDSCAPES INC. 74,638.98 2022131 02/13/2025 PRINTED 101513 MARTHA'S VILLAGE AND KITC 344,046.76 2022132 02/13/2025 PRINTED 100074 MATICH CORPORATION 2,822,625.33 2022133 02/13/2025 PRINTED 104666 MATTRESS FIRM INC 3,129.87 2022134 02/13/2025 PRINTED 104269 MEAD AND HUNT INC 196,870.71 2022135 02/13/2025 PRINTED 105155 RICHARD MEANEY 1,659.00 2022136 02/13/2025 PRINTED 104365 MEDIWASTE DISPOSAL LLC 125.00 2022137 02/13/2025 PRINTED 101798 MIDWEST TAPE INC 1,893.34 2022138 02/13/2025 PRINTED 100009 MIZELL CENTER 50,000.00 2022139 02/13/2025 PRINTED 101794 MK SOLUTIONS INC 4,140.00 2022140 02/13/2025 PRINTED 100079 MOHICA TOWING 399.00 2022141 02/13/2025 PRINTED 103876 MONOPRICE INC 3,018.97 2022142 02/13/2025 PRINTED 015653 DAMIEN MYERS 382.00 2022143 02/13/2025 PRINTED 101211 NAI CONSULTING 8,825.50 2022144 02/13/2025 PRINTED 103465 DESERT AREA CORPORATION 4,138.02 2022145 02/13/2025 PRINTED 104880 NATA CONSTRUCTION INC 9,180.51 2022146 02/13/2025 PRINTED 104404 NETWORK SERVICES COMPANY 6,305.92 2022147 02/13/2025 PRINTED 100417 NI GOVERNMENT SERVICES IN 309.85 2022148 02/13/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 2,395.51 2022149 02/13/2025 PRINTED 105160 ADAM J OGEDA 4,352.00 2022150 02/13/2025 PRINTED 015956 DOLORES OLVERA 642.12 2022151 02/13/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 4,000.00 2022152 02/13/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 280.07 2022153 02/13/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 280.07 2022154 02/13/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 284.27 2022155 02/13/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 288.47 2022156 02/13/2025 PRINTED 104581 PALM SPRINGS REALTY HOLDI 10,184.56 2022157 02/13/2025 PRINTED 104756 THE PARADISE GROUP INC 2,115.19 2022158 02/13/2025 PRINTED 104993 DESERT VALLEY RESTORATION 9,139.20 2022159 02/13/2025 PRINTED 103795 PALM SPRINGS PLAZA THEATR 50,000.00 2022160 02/13/2025 PRINTED 103521 PLAZA TOWING INC 1,617.00 2022161 02/13/2025 PRINTED 100596 PROPER SOLUTIONS INC 12,046.29 2022162 02/13/2025 PRINTED 100654 PS RESORTS 62,671.56 2022163 02/13/2025 PRINTED 100476 PS SMOG 50.00 2022164 02/13/2025 PRINTED 101642 QUENCH USA INC 4,925.00 2022165 02/13/2025 PRINTED 101230 R S AND H CALIFORNIA INC 44,802.32 2022166 02/13/2025 PRINTED 105004 RENEWELL FLEET SERVICE LL 14,235.49 2022167 02/13/2025 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 47,321.86 2022168 02/13/2025 PRINTED 100400 ROBERT HALF 2,625.00 Item 1B - Page 7
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AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2025 14:44
User: PatrickW
Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022169 02/13/2025 PRINTED 016605 ROXANNE RODRIGUEZ 40.00 2022170 02/13/2025 PRINTED 016611 YESENIA ROMERO 1,125.00 2022171 02/13/2025 PRINTED 016059 DANIEL ROWLES 294.84 2022172 02/13/2025 PRINTED 100467 SAN BERNARDINO REGIONAL E 2,060.00 2022173 02/13/2025 PRINTED 103959 SAVANCE LLC 2,700.00 2022174 02/13/2025 PRINTED 101542 SC COMMERCIAL 9,139.77 2022175 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 57.92 2022176 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 96,746.19 2022177 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 53.29 2022178 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 97.47 2022179 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 141.03 2022180 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,480.76 2022181 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 107.51 2022182 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 139.28 2022183 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 24,784.92 2022184 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,741.46 2022185 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 32.70 2022186 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 13,040.58 2022187 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 213.32 2022188 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 670.21 2022189 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 100.28 2022190 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 134.78 2022191 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25.28 2022192 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 45.32 2022193 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,946.44 2022194 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 14,747.25 2022195 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,540.48 2022196 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 296.87 2022197 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 405.35 2022198 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 125.87 2022199 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,335.51 2022200 02/13/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 183.75 2022201 02/13/2025 PRINTED 100669 SESAC INC 1,217.00 2022202 02/13/2025 PRINTED 100435 THE SHREDDERS 333.00 2022203 02/13/2025 PRINTED 103804 WEST AVIATION SERVICES-SA 64,960.00 2022204 02/13/2025 PRINTED 104621 SILLERS INSTITUTE 4,000.00 2022205 02/13/2025 PRINTED 101383 SNACK SHACK 6,750.00 2022206 02/13/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 707.16 2022207 02/13/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 6,894.15 2022208 02/13/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 760.78 2022209 02/13/2025 PRINTED 100577 SPARKLETTS - DS SERVICES 46.96 2022210 02/13/2025 PRINTED 103901 STEVE P RADOS INC 422,502.75 2022211 02/13/2025 PRINTED 104391 LISA RENEE BOTTS 175.00 2022212 02/13/2025 PRINTED 104938 SUNBELT RENTALS INC 10,929.94 2022213 02/13/2025 PRINTED 104878 SVT FLEET LLC 841.37 2022214 02/13/2025 PRINTED 103782 T-MOBILE USA INC 115.00 2022215 02/13/2025 PRINTED 103782 T-MOBILE USA INC 361.82 2022216 02/13/2025 PRINTED 105145 TABLET COMMAND INC 49,300.00 2022217 02/13/2025 PRINTED 105154 FILIP TASESKI 65.00 2022218 02/13/2025 PRINTED 104602 TETRA TECH INC 8,137.76 2022219 02/13/2025 PRINTED 105159 GOOD LIFE HOSPITALITY GRO 3,852.59 2022220 02/13/2025 PRINTED 103881 THERMAX INC 5,904.06 Item 1B - Page 8
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AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2025 14:44
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022221 02/13/2025 PRINTED 104096 TILDEN COIL CONSTRUCTORS 251,294.00 2022222 02/13/2025 PRINTED 104184 TK ELEVATOR CORPORATION 2,694.60 2022223 02/13/2025 PRINTED 100335 TOUCH SCREEN CENTERS DESE 3,800.00 2022224 02/13/2025 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 1,500.00 2022225 02/13/2025 PRINTED 105153 MADISON OFFENHAUSER 2,573.00 2022226 02/13/2025 PRINTED 101384 TYLER TECHNOLOGIES INC 14,195.91 2022227 02/13/2025 PRINTED 100386 U S CUSTOMS SERVICE 4,058.61 2022228 02/13/2025 PRINTED 104834 UNIFIRST CORPORATION 467.02 2022229 02/13/2025 PRINTED 100200 VALLEY LOCK AND SAFE 2,329.40 2022230 02/13/2025 PRINTED 100066 VALLEY MAIL DELIVERY 2,917.25 2022231 02/13/2025 PRINTED 100224 VALLEY POWER SYSTEMS INC 460.00 2022232 02/13/2025 PRINTED 100129 VCA ANIMAL HOSPITALS INC 924.30 2022233 02/13/2025 PRINTED 104034 VERDE FACILITIES SERVICES 72,839.08 2022234 02/13/2025 PRINTED 100144 VERIZON WIRELESS 7,750.02 2022235 02/13/2025 PRINTED 100144 VERIZON WIRELESS 127.24 2022236 02/13/2025 PRINTED 100144 VERIZON WIRELESS 3,808.27 2022237 02/13/2025 PRINTED 100121 VISIT GREATER PALM SPRING 123,955.60 2022238 02/13/2025 PRINTED 105063 VIVID ACCENT PAINTING CO 4,800.00 2022239 02/13/2025 PRINTED 101277 VOHNE LICHE KENNELS INC 200.00 2022240 02/13/2025 PRINTED 104523 VPM RENTS INC 4,219.00 2022241 02/13/2025 PRINTED 104889 WALTER CLARK LEGAL GROUP 139,000.00 2022242 02/13/2025 PRINTED 101220 WATERLINE TECHNOLOGIES IN 5,457.11 2022243 02/13/2025 PRINTED 100156 WAXIE SANITARY SUPPLY 1,604.56 2022244 02/13/2025 PRINTED 101680 WEST COAST CODE CONSULTAN 45,983.75 2022245 02/13/2025 PRINTED 103973 WEX HEALTH INC 2,236.50 2022246 02/13/2025 PRINTED 101604 WGJ ENTERPRISES INC 484,911.95 2022247 02/13/2025 PRINTED 105128 JEFF ZISCHKE 20,000.00 2022248 02/13/2025 PRINTED 100268 ZOLL MEDICAL CORPORATION 4,350.28 236 CHECKS CASH ACCOUNT TOTAL 7,685,673.41 .00 Item 1B - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/12/2025 14:44
User: PatrickW
Program ID: apchkrcn

Page 6 ends

UNCLEARED CLEARED
236 CHECKS FINAL TOTAL 7,685,673.41 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1B - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/27/2025 12:01
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022267 02/27/2025 PRINTED 104806 10-8 RETROFIT INC 12,107.87 2022268 02/27/2025 PRINTED 100180 AMERICAN ASSOCIATION OF A 23,500.00 2022269 02/27/2025 PRINTED 101608 ACC CONSULTING LLC 5,500.00 2022270 02/27/2025 PRINTED 100743 ACE AMERICAN INS CO / CHU 2,000.00 2022271 02/27/2025 PRINTED 100024 ACE PRINTING 422.80 2022272 02/27/2025 PRINTED 101814 ADLERHORST INTERNATIONAL 63.88 2022273 02/27/2025 PRINTED 104389 AECOM TECHNICAL SERVICES 56,097.75 2022274 02/27/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 206,315.00 2022275 02/27/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 10,280.00 2022276 02/27/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2022277 02/27/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 3,048.08 2022278 02/27/2025 PRINTED 100403 AETNA 21,048.50 2022279 02/27/2025 PRINTED 104401 HEALTH AND HUMAN RESOURCE 2,223.00 2022280 02/27/2025 PRINTED 100345 AIRPORT QUICK WASH 1,140.00 2022281 02/27/2025 PRINTED 100349 AIRPORTS COUNCIL INTERNAT 11,700.00 2022282 02/27/2025 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 3,760.82 2022283 02/27/2025 PRINTED 015931 GILBERTO PEDRO ALCARAZ 405.79 2022284 02/27/2025 PRINTED 101327 US SECURITY ASSOCIATES IN 229,262.12 2022285 02/27/2025 PRINTED 103797 ALLISON MECHANICAL INC 41,248.00 2022286 02/27/2025 PRINTED 104181 ALTEC INC 9,599.15 2022287 02/27/2025 PRINTED 104591 AMADEA ENTERPRISES / LARR 4,139.00 2022288 02/27/2025 PRINTED 100572 AMAZON COM 27.30 2022289 02/27/2025 PRINTED 103781 AMAZON.COM SALES INC 211.29 2022290 02/27/2025 PRINTED 100036 AMERICAN LIBRARY ASSOCIAT 420.00 2022291 02/27/2025 PRINTED 105147 AMERIFLEX 384.38 2022292 02/27/2025 PRINTED 104248 AMS.NET INC 2,349.67 2022293 02/27/2025 PRINTED 104726 ACCENTURE LLP 11,700.00 2022294 02/27/2025 PRINTED 104496 AQUATECH WATER SYSTEMS IN 1,888.00 2022295 02/27/2025 PRINTED 103528 ARCHITECTURAL RESOURCES G 18,901.44 2022296 02/27/2025 PRINTED 105144 ARMOR RESEARCH COMPANY 6,484.43 2022297 02/27/2025 PRINTED 104903 ERIC ARROYO 2,400.00 2022298 02/27/2025 PRINTED 100365 AT&T MOBILITY LLC 850.00 2022299 02/27/2025 PRINTED 100765 MUNISERVICES / AVENU INSI 8,012.50 2022300 02/27/2025 PRINTED 103994 BANNER BANK 39,262.86 2022301 02/27/2025 PRINTED 101049 MARY BARSALEAU 1,319.50 2022302 02/27/2025 PRINTED 105176 BAUER PACIFIC CONSTRUCTIO 800.00 2022303 02/27/2025 PRINTED 101488 BIO SOCAL 395.00 2022304 02/27/2025 PRINTED 100366 BIO TOX LABORATORIES 2,614.00 2022305 02/27/2025 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 1,318,348.96 2022306 02/27/2025 PRINTED 015124 SANDRA BOSLER 69.86 2022307 02/27/2025 PRINTED 016666 JASMINE BOUCHER 4,300.00 2022308 02/27/2025 PRINTED 100128 BRODART CO 1,501.45 2022309 02/27/2025 PRINTED 100351 BRUDVIK INC 8,927.50 2022310 02/27/2025 PRINTED 104371 BUBBLES CARPET CLEANING L 9,742.24 2022311 02/27/2025 PRINTED 102715 C&S ENGINEERS INC 15,405.80 2022312 02/27/2025 PRINTED 105141 CADD MICROSYSTEMS INC 11,228.80 2022313 02/27/2025 PRINTED 100735 CALIFORNIA FIRE EXPLORING 2,700.00 2022314 02/27/2025 PRINTED 103778 CALIFORNIA WATER OPERATOR 800.00 2022315 02/27/2025 PRINTED 103604 CAROLLO ENGINEERS INC 8,697.94 2022316 02/27/2025 PRINTED 104603 SAN MACEDONIO CO LP 14,821.46 2022317 02/27/2025 PRINTED 100112 CDW GOVERNMENT INC 19,970.56 2022318 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,283.90 Item 1B - Page 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/27/2025 12:01
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022319 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2022320 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2022321 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2022322 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2022323 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2022324 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2022325 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2022326 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2022327 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2022328 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 3,040.98 2022329 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2022330 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 163.94 2022331 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2022332 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2022333 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2022334 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2022335 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 253.24 2022336 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2022337 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,000.00 2022338 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2022339 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2022340 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2022341 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2022342 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2022343 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2022344 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 109.99 2022345 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 400.65 2022346 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,095.74 2022347 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,420.65 2022348 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,680.05 2022349 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS 271.84 2022350 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS / 152.50 2022351 02/27/2025 PRINTED 100353 CHARTER COMMUNICATIONS / 156.23 2022352 02/27/2025 PRINTED 100558 CINTAS CORPORATION 422.66 2022353 02/27/2025 PRINTED 104480 CITYGATE ASSOCIATES LLC 1,827.50 2022354 02/27/2025 PRINTED 100652 CLEARS INC 50.00
2022355 02/27/2025 PRINTED 015397 LUCIANO COLANTUONO 30.00 2022356 02/27/2025 PRINTED 103879 COMMERCIAL TRANSPORTATION 7,245.44 2022357 02/27/2025 PRINTED 104778 COMMONWEALTH BUSINESS BAN 78,534.56 2022358 02/27/2025 PRINTED 100410 COMNET SOFTWARE 3,192.00 2022359 02/27/2025 PRINTED 100205 NANCY K BOHL INC 1,425.00 2022360 02/27/2025 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 8,403.50 2022361 02/27/2025 PRINTED 104871 COURTYARD PARTNERS PALM S 6,525.00 2022362 02/27/2025 PRINTED 104945 CVL ECONOMICS LLC 6,687.50 2022363 02/27/2025 PRINTED 016083 KIRSTEN D'AMATO 31.64 2022364 02/27/2025 PRINTED 100115 DANIELS TIRE SERVICE INC 3,282.49 2022365 02/27/2025 PRINTED 100179 DAVES TOWING SERVICE 3,950.00 2022366 02/27/2025 PRINTED 105064 DECOR IQ LLC 36,832.03 2022367 02/27/2025 PRINTED 100679 DEEPWELL ESTATES NEIGHBOR 230.24 2022368 02/27/2025 PRINTED 101281 DELTA DENTAL INSURANCE CO 2,521.74 2022369 02/27/2025 PRINTED 101282 DELTA DENTAL OF CALIFORNI 24,493.50 2022370 02/27/2025 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 1,876.98 Item 1B - Page 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/27/2025 12:01
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022371 02/27/2025 PRINTED 100048 DESERT FIRE EXTINGUISHER 598.90 2022372 02/27/2025 PRINTED 100580 DESERT PROMOTIONAL EMBROI 2,068.19 2022373 02/27/2025 PRINTED 105164 SCOTT DEVRIES 4,100.00 2022374 02/27/2025 PRINTED 100145 DFM ASSOCIATES 152.25 2022375 02/27/2025 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 2,011.71 2022376 02/27/2025 PRINTED 015897 ALEXANDER DOHERTY 250.00 2022377 02/27/2025 PRINTED 101244 DOWNS ENERGY 34,218.37 2022378 02/27/2025 PRINTED 100393 GERGIS YOUSEF 1,523.15 2022379 02/27/2025 PRINTED 100984 DTPS C-15 LLC 6,753.06 2022380 02/27/2025 PRINTED 101179 MARIANA DUSPIVA 2,254.00 2022381 02/27/2025 PRINTED 100438 DW JOHNSTON CONSTRUCTION 800.00 2022382 02/27/2025 PRINTED 100054 DESERT WATER AGENCY 2,208.36 2022383 02/27/2025 PRINTED 100054 DESERT WATER AGENCY 31,407.26 2022384 02/27/2025 PRINTED 100054 DESERT WATER AGENCY 79.53 2022385 02/27/2025 PRINTED 100054 DESERT WATER AGENCY 72.58 2022386 02/27/2025 PRINTED 100054 DESERT WATER AGENCY 4,304.17 2022387 02/27/2025 PRINTED 100054 DESERT WATER AGENCY 269.16 2022388 02/27/2025 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 13,364.00 2022389 02/27/2025 PRINTED 100274 ENGINEERING RESOURCES OF 11,692.75 2022390 02/27/2025 PRINTED 100601 ERGOMETRICS 1,311.00 2022391 02/27/2025 PRINTED 101496 ESCOBEDO ENTERPRISES 1,546.20 2022392 02/27/2025 PRINTED 100081 FEDERAL EXPRESS CORPORATI 63.00 2022393 02/27/2025 PRINTED 100081 FEDEX CUSTOM CRITICAL - F 1,150.00 2022394 02/27/2025 PRINTED 016020 ERIK FERNANDEZ 530.45 2022395 02/27/2025 PRINTED 103451 FIESTA FORD INC 3,224.51 2022396 02/27/2025 PRINTED 104039 FIRE CATT LLC 4,375.00 2022397 02/27/2025 PRINTED 101194 FLEX ADVANTAGE 661.50 2022398 02/27/2025 PRINTED 100395 FRIENDS OF THE PALM SPRIN 3,873.40 2022399 02/27/2025 PRINTED 100480 FRIENDS OF THE PS ANIMAL 106,534.90 2022400 02/27/2025 PRINTED 100480 FRIENDS OF THE PS ANIMAL 724.70 2022401 02/27/2025 PRINTED 100480 FRIENDS OF THE PS ANIMAL 20,000.00 2022402 02/27/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2022403 02/27/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2022404 02/27/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 851.26 2022405 02/27/2025 PRINTED 102397 GRACE GARNER 320.12 2022406 02/27/2025 PRINTED 100169 GENSLER 97,820.00 2022407 02/27/2025 PRINTED 016000 LEONARDO GONZALEZ 250.00 2022408 02/27/2025 PRINTED 016033 DENISE GOOLSBY 749.89 2022409 02/27/2025 PRINTED 104989 ADAM A CAMPOS 48,842.50 2022410 02/27/2025 PRINTED 105179 DENISE CLAIRE GRIFFIN 263.00 2022411 02/27/2025 PRINTED 105122 GUIDE DOGS OF THE DESERT 7,500.00 2022412 02/27/2025 PRINTED 103998 JANE M GUY 980.00 2022413 02/27/2025 PRINTED 100564 HARRELL COMPANY ADVISORS 6,090.00 2022414 02/27/2025 PRINTED 101343 HARRIS AND ASSOCIATES INC 20,680.84 2022415 02/27/2025 PRINTED 104625 HERITAGE PALM SPRINGS INV 4,759.98 2022416 02/27/2025 PRINTED 104625 HERITAGE PALM SPRINGS INV 3,342.00 2022417 02/27/2025 PRINTED 104625 HERITAGE PALM SPRINGS INV 4,421.53 2022418 02/27/2025 PRINTED 015917 JENNIFER HILL 79.94 2022419 02/27/2025 PRINTED 100729 HIRE RIGHT LLC 771.16 2022420 02/27/2025 PRINTED 102402 HJH CONSTRUCTION 800.00 2022421 02/27/2025 PRINTED 100119 INTERACTIVE DESIGN CORPOR 6,904.50 2022422 02/27/2025 PRINTED 104298 INTERVISTAS CONSULTING US 115,656.50 Item 1B - Page 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/27/2025 12:01
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022423 02/27/2025 PRINTED 101727 IRON MOUNTAIN 2,902.05 2022424 02/27/2025 PRINTED 105142 IT1 CONSULTING LLC 461.76 2022425 02/27/2025 PRINTED 103751 JOBELEPHANT.COM INC 399.00 2022426 02/27/2025 PRINTED 101249 JOHNSON CONTROLS FIRE PRO 36,085.73 2022427 02/27/2025 PRINTED 010863 LISA KELLY 153.41 2022428 02/27/2025 PRINTED 015692 KEVIN KELLY 2,672.97 2022429 02/27/2025 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 33,691.00 2022430 02/27/2025 PRINTED 101606 KINCAID INDUSTRIES INC 6,620.97 2022431 02/27/2025 PRINTED 100012 LEAGUE OF CALIFORNIA CITI 100.00 2022432 02/27/2025 PRINTED 100012 LEAGUE OF CALIFORNIA CITI 18,004.00 2022433 02/27/2025 PRINTED 101713 LESAR DEVELOPMENT CONSULT 52,442.40 2022434 02/27/2025 PRINTED 103753 LIFE INSURANCE COMPANY OF 100,178.38 2022435 02/27/2025 PRINTED 101309 LNRS DATA SERVICES INC. 1,906.95 2022436 02/27/2025 PRINTED 015824 KEVIN LU 191.45 2022437 02/27/2025 PRINTED 104667 MARRS SERVICES INC 7,480.00 2022438 02/27/2025 PRINTED 101612 MARVINS AUTO PAINT INC. 3,404.22 2022439 02/27/2025 PRINTED 016290 DANIEL MEIER 5,723.28 2022440 02/27/2025 PRINTED 104678 MERIDIAN RAPID DEFENSE GR 17,748.75 2022441 02/27/2025 PRINTED 101798 MIDWEST TAPE INC 2,963.67 2022442 02/27/2025 PRINTED 104922 MAURO P GARCIA 22,394.18 2022443 02/27/2025 PRINTED 101304 MWH CONSTRUCTORS INC 34,813.00 2022444 02/27/2025 PRINTED 103465 DESERT AREA CORPORATION 1,307.65 2022445 02/27/2025 PRINTED 104057 DONNA S NEWTON 1,050.00 2022446 02/27/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 32,935.81 2022447 02/27/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 3,151.50 2022448 02/27/2025 PRINTED 100282 PACIFIC PRODUCTS AND SERV 9,873.21 2022449 02/27/2025 PRINTED 104517 PALM CANYON VILLAS LLC 5,202.27 2022450 02/27/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2022451 02/27/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 296.69 2022452 02/27/2025 PRINTED 105178 PALM SPRINGS LA34 LLC 15,200.00 2022453 02/27/2025 PRINTED 104581 PALM SPRINGS REALTY HOLDI 4,116.30 2022454 02/27/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 190.80 2022455 02/27/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 572.40 2022456 02/27/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 381.60 2022457 02/27/2025 PRINTED 103828 PAVEMENT COATINGS CO 881,712.50 2022458 02/27/2025 PRINTED 105015 THE PITNEY BOWES BANK 5,335.00 2022459 02/27/2025 PRINTED 101434 PLACEWORKS 6,822.90 2022460 02/27/2025 PRINTED 101292 PROFESSIONAL MEDICAL WARE 4,886.92 2022461 02/27/2025 PRINTED 100596 PROPER SOLUTIONS INC 35,547.52 2022462 02/27/2025 PRINTED 100654 PS RESORTS 97,737.78 2022463 02/27/2025 PRINTED 103563 PYRO-COMM SYSTEMS INC 912.00 2022464 02/27/2025 PRINTED 101580 QUINN POWER SYSTEMS 66,946.90 2022465 02/27/2025 PRINTED 101230 R S AND H CALIFORNIA INC 66,838.00 2022466 02/27/2025 PRINTED 101629 THE RAMSAY GROUP 6,825.00 2022467 02/27/2025 PRINTED 101527 RATTLE TECH LLC 510.00 2022468 02/27/2025 PRINTED 015020 DAVID READY 267.71 2022469 02/27/2025 PRINTED 104486 RED HAWK SERVICES INC 16,990.37 2022470 02/27/2025 PRINTED 105004 RENEWELL FLEET SERVICE LL 1,530.30 2022471 02/27/2025 PRINTED 105175 TOM RICE 44.00 2022472 02/27/2025 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2022473 02/27/2025 PRINTED 104132 RUBBER STAMPS UNLIMITED 168.32 2022474 02/27/2025 PRINTED 101542 SC COMMERCIAL 3,721.51 Item 1B - Page 14
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/27/2025 12:01
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022475 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 458.79 2022476 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,432.30 2022477 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 336.35 2022478 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 50,394.77 2022479 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 45.81 2022480 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 144.15 2022481 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,410.39 2022482 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10,103.74 2022483 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 133.10 2022484 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 448.17 2022485 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 62.81 2022486 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,389.96 2022487 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 90.57 2022488 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 543.79 2022489 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 279.26 2022490 02/27/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 490.30 2022491 02/27/2025 PRINTED 100435 THE SHREDDERS 122.00 2022492 02/27/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 108.15 2022493 02/27/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 4,248.36 2022494 02/27/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 41,484.36 2022495 02/27/2025 PRINTED 101822 SO CAL LAND MAINTENANCE I 18,660.00 2022496 02/27/2025 PRINTED 101677 SOCAL PPE LLC 1,146.08 2022497 02/27/2025 PRINTED 016707 NAOMI SOTO 249.74 2022498 02/27/2025 PRINTED 100120 SPOK INC 52.10 2022499 02/27/2025 PRINTED 101356 ST FRANCIS ELECTRIC LLC 45,438.78 2022500 02/27/2025 PRINTED 015886 MATTHEW STEED 4,250.00 2022501 02/27/2025 PRINTED 103901 STEVE P RADOS INC 745,994.34 2022502 02/27/2025 PRINTED 104938 SUNBELT RENTALS INC 10,462.63 2022503 02/27/2025 PRINTED 104878 SVT FLEET LLC 869.50 2022504 02/27/2025 PRINTED 103782 T-MOBILE USA INC 280.00 2022505 02/27/2025 PRINTED 105057 ALLEGIS GROUP HOLDINGS IN 660.00 2022506 02/27/2025 PRINTED 016047 ANDREW TIEDEMAN 250.00 2022507 02/27/2025 PRINTED 104184 TK ELEVATOR CORPORATION 17,423.91 2022508 02/27/2025 PRINTED 101391 TRANSUNION RISK AND ALTER 508.00 2022509 02/27/2025 PRINTED 100396 ULINE 8,730.76 2022510 02/27/2025 PRINTED 105146 ON COMPUTER SERVICES LLC 10,916.00 2022511 02/27/2025 PRINTED 104834 UNIFIRST CORPORATION 1,764.25 2022512 02/27/2025 PRINTED 100295 US BANK CORPORATE PAYMENT 193,455.41 2022513 02/27/2025 PRINTED 100384 US BANK 3,045.00 2022514 02/27/2025 PRINTED 104034 VERDE FACILITIES SERVICES 1,524.34 2022515 02/27/2025 PRINTED 100621 VERIZON BUSINESS 242.58 2022516 02/27/2025 PRINTED 100144 VERIZON WIRELESS 8,489.14 2022517 02/27/2025 PRINTED 100144 VERIZON WIRELESS 16,326.21 2022518 02/27/2025 PRINTED 100144 VERIZON WIRELESS 2,586.03 2022519 02/27/2025 PRINTED 015149 MIKE A VILLEGAS 756.06 2022520 02/27/2025 PRINTED 016639 JOSH VINES 4,300.00 2022521 02/27/2025 PRINTED 100050 VISION SERVICE PLAN 7,179.70 2022522 02/27/2025 PRINTED 104523 VPM RENTS INC 7,719.00 2022523 02/27/2025 PRINTED 104566 DENNIS NEAL WALSH 6,900.00 2022524 02/27/2025 PRINTED 101220 WATERLINE TECHNOLOGIES IN 3,733.08 2022525 02/27/2025 PRINTED 100156 WAXIE SANITARY SUPPLY 1,268.40 2022526 02/27/2025 PRINTED 100222 WEST COAST ARBORISTS INC 77,783.00 Item 1B - Page 15
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/27/2025 12:01
User: PatrickW
Program ID: apchkrcn

Page 6 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2022527 02/27/2025 PRINTED 104570 WEST COAST TURF 385.75 2022528 02/27/2025 PRINTED 103973 WEX HEALTH INC 807.50 2022529 02/27/2025 PRINTED 100223 WILLIAMS SCOTSMAN INC 241.93 2022530 02/27/2025 PRINTED 104635 WOODCLIFF CORPORATION 1,492,156.76 2022531 02/27/2025 PRINTED 105177 WRIGHT JONATHAN 61.00 2022532 02/27/2025 PRINTED 100908 YAMADA SPA MANAGEMENT INC 416.50 2022533 02/27/2025 PRINTED 100268 ZOLL MEDICAL CORPORATION 695.38 267 CHECKS CASH ACCOUNT TOTAL 7,507,365.64 .00 Item 1B - Page 16
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 02/27/2025 12:01
User: PatrickW
Program ID: apchkrcn

Page 7 ends

UNCLEARED CLEARED
267 CHECKS FINAL TOTAL 7,507,365.64 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1B - Page 17
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

CITY COUNCIL STAFF REPORT

DATE: APRIL 9, 2025 CONSENT CALENDAR

SUBJECT: REPORT ON CITY COUNCIL STRATEGIC VISIONING SESSION

FROM: Scott C. Stiles, City Manager

BY: Teresa Gallavan, Assistant City Manager

SUMMARY:

This agenda item provides a report on the City Council Strategic Planning Session of March 7, 2025.

RECOMMENDATION:

Receive and file.

BACKGROUND:

The City Council held a Visioning Session on March 7, 2025, that will help staff prioritize items in the upcoming Fiscal Year 2025-2027 budget. Priority setting is the primary means by which City Council identifies the most important programs and projects that need to be accomplished and sets the direction of the City Manager and Staff. The session was held in closed session because Council priorities are key expectations set for the City Manager and will be used as tools to evaluate the City Manager performance. The City reports out Council priorities as a public agenda item and incorporates them in the budget process to obtain stakeholder input.

This priority-setting process is part of each budget cycle; staff develop workplans and budget requests to reflect council priorities, and regular progress reports will be provided to Council.

The strategic planning session held on March 7, 2025, allowed City Council to update its goals, enhance focus areas, and assess roles and operating principles.

STAFF ANALYSIS:

During this year’s Planning Session, Council reviewed the City’s Strategic Plan and proposed a new framework for the plan. The new framework was intended to create a way for all City departments and services to connect to the Strategic Plan, as well as Item 1C - Page 1
City Council Staff Report
April 9, 2025 – Page 2
Report on March 7, 2025 City Council Visioning Session

identify the key areas of focus. Council retained two existing principles – Sustainability and Social Equity – created four broad goals that guide the organization in decision- making and resource allocation ( Economic Development, Public Safety and Community Services, Infrastructure and Facilities, and Housing), and added a foundation to the goals of Financial and Organizational Well-Being.

Council determined six items for enhanced areas of focus for the coming year:

• Convention Center modernization & seamless connectivity to Downtown • Airport modernization
• Enhanced effort to deferred maintenance
• Updating the Zoning Code
• Economic development planning
• Affordable housing

The updated Strategic Planning Report is provided as Attachment A and a one- page summary as Attachment B.

The goals and objectives outlined here are not intended to be exhaustive or to exclude work that may not fit directly into these categories. Instead, these priorities serve as a compass to keep the organization focused and aligned toward achieving the most important outcomes. These broad priorities may remain relevant for many years, although the specific strategies and work plans may evolve over time. Additionally, we suggest that the report be received and filed so it can guide staff in budgeting and planning for the upcoming year.

FISCAL IMPACT:

None.

REVIEWED BY:

Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Strategic Planning Report
B. Strategic Planning Report Summary

Item 1C - Page 2

ATTACHMENT A

Item 1C - Page 3

City Council Strategic Planning Report
Held March 7, 2025
City of Palm Springs , CA
Item 1C - Page 4
~ RAFTELIS
City of Palm Springs Page 1
City Council Strategic Planning Report – March 2025
Trusted Advisors Transforming Communities
The City of Palm Springs, California, held a City Council Strategic Planning session on March 7 , 2025 . The session was planned and facilitated by Raftelis. It was held at the Courtyard Marriott Palm Springs from 9:00 a.m. to 3:00 p.m.

Participants
The following individuals participated in the session.

City Council Staff
Mayor Ron deHarte, District 3
Mayor Pro Tem Naomi Soto, District 4
Council Member Grace Elena Garner, District 1
Council Member Jeffrey Bernstein, District 2
Council Member David H. Ready, District 5
City Manager Scott Stiles
City Attorney Jeffrey Ballinger
Assistant City Manager Teresa Gallavan
Special Assistant to the City Manager Cindy Cairns
Facilitators: Jan Perkins and Julie Gieseke of Raftelis Objectives
• Review roles and operating principles
• Update the Strategic Plan by establishing goals and enhanced areas of focus • Strengthening the team
Agenda
• Call to order
• Discuss roles and operating principles
• Update the Strategic Plan, determine goals and enhanced areas of focus • Wrap-Up
Key Outcomes of the Session
• Council affirmed the overarching principles of Sustainability and Social Equity, created four broad goals (Economic Development, Public Safety and Community Services, Infrastructure, Facilities, and Housing), and added a foundation to the goals of Financial and Organizational Well-Being.
• Council determined six items for enhanced areas of focus for the coming year:
• Convention Center modernization and seamless connectivity to Downtown • Airport modernization
• Enhanced efforts on deferred maintenance
• Updating the Zoning Code
• Economic development planning
• Affordable housing
• Affirmed roles of the Council and the Code of Conduct Item 1C - Page 5
City of Palm Springs Page 2
City Council Strategic Planning Report – March 2025
Trusted Advisors Transforming Communities
Call to Order
Mayor Ron deHarte called the meeting to order and noted the value of creating goals. City Manager Scott Stiles provided opening comments, acknowledging the new members of the Council and the opportunity to set a shared path forward. He noted that teamwork and clarity about goals and priorities will help him as he leads the organization in service to the community.

Discussion of Roles and Operating Principles
Drawing from the “Attributes of Exceptional Councils” article from the Institute for Local Government, the facilitator invited comments about governance and roles within the Council-Manager form of government.

The following graphic illustrates the discussion.

Item 1C - Page 6
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City of Palm Springs Page 3
City Council Strategic Planning Report – March 2025
Trusted Advisors Transforming Communities
The Council also discussed the City Council’s Code of Conduct . The core principles within the Code of Conduct are listed below:

There was a discussion about how the Code of Conduct could be highlighted more. The following graphic captures suggestions that the Code of Conduct could be part of orienting the new Council, that it could be conveyed to the public, and that it could be applied to the City’s commissions.

Item 1C - Page 7
Core Principles Lmbedded in the Code of Conduct
Act with respect of the Charter and
Counc 11 Mana e form of
government.
• Treat others , City employees ,
residents , and business-people with
courtesy and respnc in a manner
that reflects well on the City.

Conduct themselves in a dignified
and profe on manner and not
d spara e their colleagues.
• Deal with the City's administrative
services only through the C rty
aMger or their designee .
• Act co ec •vely as a Council through
properly noticed public meetings .

Use City resource only for
authorized purposes .

Keep confidential matters
confidential.
• Serve the bit t nt rests of all of the
City as a whole .

City of Palm Springs Page 4
City Council Strategic Planning Report – March 2025
Trusted Advisors Transforming Communities
Context for Goal Setting
As context for goal setting, the group participated in a visioning exercise to think about the future of Palm Springs, highlighting what they hope to be true about their community in the future. Two questions were posed:

• What is true today about Palm Springs that you hope will still be true in 10 years? • What is not true today about Palm Springs that you hope will be true in 10 years? A summary of the conversation is captured in the graphic that follows.

Item 1C - Page 8
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City of Palm Springs Page 5
City Council Strategic Planning Report – March 2025
Trusted Advisors Transforming Communities
Updating the Strategic Plan
The City Council reviewed the City’s Strategic Plan and a proposed new framework for the Plan. The Council agreed that having a Strategic Plan keeps the Council and staff focused.

There was also discussion about the importance of reporting progress, which the City Manager will be doing.

The new framework was intended to create a way for all City departments and services to connect to the Strategic Plan, as well as identify the key areas of focus by the Council.

Through discussion, the Council r etained the existing two overarching principles. Four new broad goals that guide the organization in its decision-making and resource allocation were established, with a foundation underlying the goals. Six key areas of focus were identified.

This updated framework is reflected in the graphic to the right.

The graphics below illustrate the updated Strategic Plan elements.

Item 1C - Page 9
Overarching Principles:

Sustainability and Social Equity
Broad Goals: .. .. ..

Public Safety
Economic and Infrastructure Housing Development Community and Facilities Services
Foundation:

Financial and Organizational Well-Being
5TAAT£GIC PlAtJ
F~ME'WO~
o A i<\>01t ~D<!t,~•rurtion
0 E" \l~nc~.l effort to
t>ef~ot<l Ho.inte""'"ce
0 V17dcx\in~ Zon•~ Co.le.

Eco110.,.ic de11~..--I 0
f\q""i~
City of Palm Springs Page 6
City Council Strategic Planning Report – March 2025
Trusted Advisors Transforming Communities
Goals Defined:

Economic Development: Support a vibrant economy, including tourism, and new and existing businesses.

Public Safety and Community Services: Provide services that support a high quality of life.

Infrastructure and Facilities: Provide for quality, well-maintained infrastructure and facilities.

Housing: Support a range of housing opportunities to meet local needs.

Foundation Defined:

Financial and Organizational Well-Being: Advance fiscal sustainability and organizational resilience.

Bike Rack
A Bike Rack is a time management tool used to keep track of items to discuss at another time that may require additional follow-up or more robust conversation before decisions can be made. The following items were added to the Bike Rack during the retreat:
• Re-deliver Annual Report
• Boards and Commissions (direction, liaison, share Code of Conduct)

Wrap-Up and Next Steps
As the session came to a close, members of the Council expressed their appreciation for the opportunity to hear from each other and be in alignment on goals . The City Manager noted his follow-up on the goals provided, including tracking progress and metrics by goal and the enhanced areas of focus.

Item 1C - Page 10

ATTACHMENT B
Item 1C - Page 11
Mission
Palm Springs is an inclusive, world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

Overarching Principles
Foundation
Enhanced Ares of Focus
Sustainability
Social Equity
Financial and Organizational
Well-Being: Advance fiscal
sustainability and
organizational resilience
• Convention Center
modernization and seamless
connectivity to Downtown
• Airport modernization
• Enhanced efforts on deferred
maintenance
• Updating the Zoning Code
• Economic development planning
• Affordable housing
Strategic Plan
In March 2025, the City Council updated its Strategic Plan. The plan retains Sustainability and Social Equity as Overarching Principles and establishes four broad Goals that shape City services, projects, and initiatives, all supported by the budget and staff resources. At the foundation of these Goals is a commitment to Financial and Organizational Well-Being, which is fundamental to service delivery. Additionally, the City Council has identified six Enhanced Areas of Focus to receive focused attention in the coming year.

Broad Goals
Economic
Development
Support a vibrant economy,
including tourism, and new
and existing businesses
Public Safety and
Community Services
Provide services that
support a high
quality of life
Infrastructure
and Facilities
Provide for quality, well-
maintained infrastructure
and facilities
Housing
Support a range of housing
opportunities to meet
local needs
Prepared by
Item 1C - Page 12
~o
o~o
~ RAFTELIS

CITY COUNCIL STAFF REPORT

DATE: APRIL 9, 2025 CONSENT CALENDAR

SUBJECT: APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25N068 WITH GATE GOURMET, INC FOR THE USE OF APRON

SPACE TO PARK TWO CATERING VEHICLES AT THE PALM SPRINGS

INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve the Non-Exclusive Operating and Lease Agreement (Agreement) with Gate Gourmet, Inc to use apron space to park two catering vehicles at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve the Airport Non-Exclusive Operating and Lease Agreement No. 25N068 with Gate Gourmet (Attachment A) permitting the parking of two catering vehicles at the Airport from March 1, 2025 through February 28, 2026 with two one- year options to extend.

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

BACKGROUND:

Some of the airlines provide inflight catering for flights originating at the Airport and have a contract with outside vendor s, such as Gate Gourmet, Inc., to provide these catering services. According to our records, Gate Gourmet has be en providing catering services since July 2021. Gate Gourmet has a Commercial Activity Permit that permits commercial activities at the Airport through November 27, 2025.

Gate Gourmet’s current Non-Exclusive Operating and Lease Agreement is set to expire on February 28, 2025.

Item 1D - Page 1
City Council Staff Report
April 9, 2025 -- Page 2
Non-Exclusive Operating and Lease Agreement with Gate Gourmet

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on March, 13, 2025, Gate Gourmet, Inc. is a Delaware Corporation licensed to do business in the City of Palm Springs.

STAFF ANALYSIS:

Given the unique needs of catering passenger aircraft, parking catering vehicles near the passenger aircraft at the Airport is an important aspect of their business. The Airport has identified two parking spaces on the apron (approximately 414 square feet) adjacent to the Bono Concourse that will provide proximity to the passenger aircraft without impeding the operations of the Airport and its other tenants.

Gate Gourmet, Inc. provided annual revenues to the City of approximately $38,104 in Calendar Year 2024, which includes the revenue for percentage of sales and for the leased apron parking spaces.

Should the Airport determine that it can no longer provide these parking spaces on the apron, the Airport has the right to provide Gate Gourmet with a 30- day written notice of intent to cancel the Agreement.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested 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 1D, Economic Development, as well as the Airport’s Strategic Plan Priority 3 – Goal 2: Create Revenue Diversification Through Strategic Partnerships.

FISCAL IMPACT:

Approval of this action will result in the generation of Airport Revenues of $ 8,284 for the lease term of March 1, 2025, through February 28, 2026, to Airport Fund 415. 38105 – Non-Airline Terminal Rent Fee. The Agreement provides for two extension options. If the two extensions are exercised, the revenue would continue through February 29, 2028, as Item 1D - Page 2
City Council Staff Report
April 9, 2025 -- Page 3
Non-Exclusive Operating and Lease Agreement with Gate Gourmet

adjusted annual on July 1 st in an amount equal to the increase in the consumer price index for All -Urban Consumers (CPI -U) in the Riverside -San Bernardino- Ontario Metropolitan Statistical Area (MSA).

REVIEWED BY:

Department Director: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Airport Non-Exclusive Operating Lease Agreement Gate Gourmet B. Public Integrity Disclosure

Item 1D - Page 3

ATTACHMENT A

LEASE AGREEMENT
Item 1D - Page 4
1 GATE GOURMET, INC. 25N068

NON-EXCLUSIVE OPERATING AND LEASE

AGREEMENT FOR TERMINAL USE SPACE AT
PALM

SPRINGS INTERNATIONAL AIRPORT
THIS LEASE (“Lease”) is made and entered into this 1st day of March, 2025, by and between the CITY OF PALM SPRINGS, a muni cipal corporation (“Lessor”), and Gate Gourmet, a Delaware Corporation (“Lessee”). City and Lessee may herein be referred to individually as a “Party” and collectively as “Parties.” R E C I T A L S:

A. Lessor
desires to lease terminal use space at Palm Springs International Airport (“Airport”) to operate a Commercial Aeronautical Activity, which services include airline catering.

B. City believes that the travelers using the City’s airport terminal would benefit from these airline related services.

NOW THEREFORE, City and Lessee mutually agree as follows:

AGREEMENT

1.0 LEASE SUMMARY. Certain fundamental lease provisions are presented in this Section and represent the agreement of the parties hereto, subject to further definition and elaboration in the respective referenced Sections and elsewhere in this Lease. In the event of any conflict between any fundamental lease provision and the balance of this Lease, the latter shall control. References to specific Sections are for convenience only and designate some of the Sections where references to the particular fundamental lease provisions may appear.

1.1 Demised Premises. The “Demised Premises” shall refer to that certain property consisting of outside vehicle parking space in the secure apron area, totaling approximately 414 square feet, located in the Palm Springs International Airport terminal building and more particularly described in Exhibit “A” attached hereto.

1.2 Lease Term. The term of this lease shall commence on March 1, 2025 and shall terminate on February 28, 2026.

1.3 Extension Option. Lessee may have the right to renew the Lease for two (2), one (1) year terms which may be exercised by providing written notice to Lessor no less than sixty (60) prior to the expiration of the Lease term or renewal period. The rental payments for any extension shall be calculated as indicated in Section 1.4.

Item 1D - Page 5
2 1.4 Lease Rental Payments. The rent for the Demised Premises is at a Rate of $20.01 per square foot per annum for outside vehicle parking space in the secure apron area, paid in monthly increments of $690.23 due on the first day of each month.

The monthly rent shall be adjusted July 1
st of each year in an amount equal to the increase
in the consumer price index for All-Urban Consumers (CPI-U) in the Riverside-San Bernardino- Ontario Metropolitan Statistical Area (MSA), as published by the Bureau of Labor Statistics, its successor, or substantively similar, widely adopted measurement of cost inflation for the Palm Springs region. The rent shall be escalated annually, effective each July 1st, using CPI-U indices comparing January of the prior year to January of the current year. City shall send written notice of the applicable rent increase of each successive year along with documentation evidencing the calculation used to arrive at the figure.

1.5 Extension Options. Extension options in this lease as noted in Section

1.3. 1.6 Security Deposit. N/A

1.7 Use of Premises. Lessee shall use and occupy the Premises for the purpose of airline catering related to the Commercial Aeronautical Activities only.

Lessor: City of Palm Springs
Attn: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Cc: Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262

2.0 TERM

2.1 Term. The term of this Lease shall commence on the date specified in Section 1.2 (“Commencement Date”) and shall continue for the period specified therein unless earlier terminated as provided herein.

2.2 Reserved.

2.3 Time. Time is of the essence of this Lease.

2.4 Force Majeure. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure ma terials, restrictive governmental laws or regulations or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of su ch act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides the other party written notice of such event within ten (10) days of the commencement of the prompt payment of any rental or other charge required of Lessee hereunder except as may be expressly provided elsewhere in this Lease.

Item 1D - Page 6
3 2.5 Termination by Lessor. Lessor shall have the right to terminate this Lease by providing Lessee with at least thirty (30) days advance written notice. If Lessor terminates this Lease as provided in this Section, Lessee hereby waives any right to receive any other compensation from Lessor, including, but not limited to, the value of Lessee’s leasehold interest, loss of go odwill and relocation benefits, inverse condemnation or the taking of property and Lessor shall have no obligation to pay Lessee therefor.

2.6 Holding Over. Any holding over with the consent of Lessor, express or implied, shall be construed to be a tenancy from month-to-month, cancelable upon thirty (30) days’ written notice, and at a monthly rental equal to one hundred and fifty percent (150%) of the monthly rental in effect at the expiration of the contract services agreement.

2.7 Termination by Lessee. Lessee shall have the right to terminate this Lease by providing Lessor with at least thirty (30) days advance written notice. If Lessee terminates this Lease as provided in this Section, Lessee hereby waives any right to receive any other compensation from Lessor, including, but not limited to, the unamortized value of Lessee’s leasehold improvements, Lessee’s leasehold interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and Lessor shall have no obligation to pay Lessee therefor.

3.0 RENTAL

3.1 Monthly Rental. Lessee shall pay to Lessor, during the term of this Lease from and after the Commencement Date, as monthly rental (“Monthly Rental”) for the Premises the sum specified in Section 1.4 hereof, which sum shall be paid in advance on the first day of each calendar month. In the event the Commencement Date does not occur on the first day of a calendar month, the Lessee shall pay the rental for the fractional month on the Commencement Date on a per diem basis calculated on a thirty (30) day month. All rental to be paid by Lessee to Lessor shall be in lawful money of the United States of America and shall be paid without deduction or offset, prior notice or demand, at the address designated in Section 1.7 hereof.

3.2 Rental Adjustment. Rental adjustment are as specified in Section

1.4. 3.3 Additional Rental. For the purposes of this Lease, all monetary obligations of Lessee under this Lease, including but not limited to, insurance premiums, property taxes, maintenance expenses, late charges and utility costs shall be deemed to be additional rental.

3.4 Real Property Taxes. Unless Lessee qualifies for an exemption, in addition to all rentals herein reserved, Lessee shall pay, at the election of Lessor, either directly to the taxing authority or to Lessor, annual real estate taxes and assessments levied upon the Premises (including any possessory interest taxes), as well as taxes of every kind and nature levied and assessed in lieu of, in substitution for, or in addition to, existing real property taxes. Such amount shall be paid on the date that is twenty (20) days prior to the delinquent date or, if Lessor receives the tax bill, ten (10) days after

Item 1D - Page 7
4 rece
ipt of a copy of the tax bill from Lessor, whichever is later. Even though the term of this Lease has expired and Lessee has vacated the Premises, when the final determination is made of Lessee’s share of such taxes and assessments, Lessee shall immediately pay to Lessor the amount of any additional sum owed.

3.5 Personal Property Taxes. Unless Lessee qualifies for an exemption from property taxes or possessory interest taxes due to its non-profit status, during the term hereof, Lessee shall pay, prior to delinquency all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises, and when possible Lessee shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Lessor.

3.6 Utilities. All cost of water, gas, heat, electricity, and sewer services used in, upon, or about the Demised Premises shall be paid by the City. Lessee shall pay all telephone, internet, cable television, satellite, broadband and other telecommunications services.

3.7 Late Payment. Lessee hereby acknowledges that late payment by Lessee to Lessor of rental or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges.

Accordingly, any payment of any sum to be paid by Lessee not paid within ten (10) days of its due date, shall be subject to a five percent (5%) late charge. Lessor and Lessee agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Lessor for its loss suffered by such late payment by Lessee.

Sixty (60) days before the anniversary date each year the City shall notify the Lessee of any outstanding delinquency, which must be cured prior to the anniversary date or the City may exercise its right of termination under section 2.5 and terminate the lease.

3.8 Interest. Any sum to be paid pursuant to the terms of this Lease not paid when due shall bear interest from and after the due date until paid at a rate equal to three percent (3%) over the reference rate being charged by Bank of America, N.A. from time to time during such period, so long as the rate does not exceed the maximum non- usurious rate permitted by law in which case interest shall be at the maximum non- usurious rate allowed by law at the time the sum became due.

4.0 USE OF THE PREMISES

4.1 Permitted Use. The Lessor hereby leases to Lessee and Lessee leases from Lessor the Premises with appurtenances as defined herein, for the purpose of conducting thereon only the use specified in Section 1.7 of this Lease and for no other use. No signs posters or similar devices shall be erected, displayed or maintained by the Lessee in view of the general public without advance written notice of the Airport Executive Director.

4.2 Prohibited Use. The operations of the Lessee shall be conducted in an orderly and proper manner and so as not to annoy, disturb, or be offensive to others

Item 1D - Page 8
5 at
the Airport. No solicitation of the public is allowed. Tenant shall provide uniforms and its employees shall wear badges or other means of identification.

4.3 Compliance with Laws. Lessee shall, at his own cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Premises, and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force. Lessee’s violation of law shall constitute an incurable default under this Lease. The judgment of any court of competent jurisdiction, or the admission of Lessee in any action or proceeding against Lessee, whether Lessor is a party thereto or not, that Lessee has violated any such order or statute in said use, shall be conclusive of that fact as between the Lessor and Lessee.

Lessee shall not engage in any activity on or about the Premises that violates any Environmental Law, and shall promptly, at Lessees sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for clean-up and removal of any contamination involving any Hazardous Material created or caused directly or indirectly by Lessee. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Demised Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C.

Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq.; (v) California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.; (viii) California Water Code Section 1300 et seq.; and (ix) California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto.

The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste” or “hazardous substance” or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the parties hereto to construe the terms “Hazardous Materials” and “Environmental Laws” in their broadest sense. Lessee shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq. Lessee shall provide prompt written notice to Lessor of the existence of Hazardous Substances on the premises and all notices of violation of the Environmental Laws received by Lessee.

4.4 Operations for the benefit of Public. Lessee agrees to operate the Demised Premises for the use and benefit of the Public, to make available all Lessee facilities to the public, without discrimination on the grounds of sex, race, color, or national

Item 1D - Page 9
6 or
igin.

4.5 Public Facilities, Ingress, Egre ss and Quiet Enjoyment. City agrees that Lessee, upon payment of the rental hereunder and performing the covenants of the Lease, may quietly have, hold and enjoy the Demised Premises during the term of the Lease, and that Tenant shall have the non-exclusive right to use, in common with others, the public at the Airport and Tenant shall have a reasonable right of ingress and egress from the Demised Premises and the public facilities for its employees, visitors and customers.

4.7 Hours of Business. Subject to the provisions of Section 7.0 hereof, Lessee shall continuously during the entire term hereof conduct and carry on Lessee’s business in the Premises and shall keep the Premises open for business and cause Lessee’s business to be conducted therein during the Lessee’s usual business hours of each and every business day.

5.0 ALTERATIONS AND REPAIRS

5.1 Alterations and Fixtures. Lessee shall not make, or suffer to be made, any alterations to the Premises, or any part thereof, without the prior written consent of Lessor. Construction Plans or detailed plans with scope of work shall be submitted to the Airport for initial review of proposed alteration. Any alterations to the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and shall at the expiration or earlier termination of this Lease belong to Lessor.

Lessee shall not in any event make any changes to the exterior of the Premises. Any such alterations shall be in conformance with the requirements of City design and construction standards and all municipal, state, federal, and other governmental authorities, including requirements pertaining to the health, welfare or safety of employees or the public and in conformance with reasonable rules and regulations of Lessor. Any damage occasioned by such removal shall be repaired at Lessee's expense so that the Premises can be surrendered in a good, clean and sanitary condition as required by Section 5.2 hereof. Any and all fixtures and appurtenances installed by Lessee shall conform with the requirements of all municipal, state, federal, and governmental authorities, including requirements pertaining to the health, welfare, or safety of employees or the public. Upon completion of construction of the alterations, Lessee shall submit to Lessor evidence satisfactory to Lessor of the cost of said alterations ("Improvement Costs"). In the event the Lessor, at the request of the Lessee and at its sole discretion, incurs costs related to the financing, construction, improvements, and alterations of its leasehold, such costs shall be reimbursable by the Lessee.

Item 1D - Page 10
7 condition
ing system, pl umbing, pipes, electrical wiring and conduits. Lessee hereby waives all right to make repairs at the expense of Lessor, and Lessee hereby waives all rights provided for by the Civil Code of the State of California to make said repairs. By entering into the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair. Lessee agrees on the last day of said term, or sooner termination of this Lease, to surrender the Premises with appurtenances, in the same condition as when received and in a good, clean and sanitary condition, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. Lessee shall periodically sweep and clean the sidewalks adjacent to the Premises, as needed. Upon Lessee's possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good condition and repair.

Lessee agrees that it will not, nor will it authorize any person to, go onto the roof of the building of which the Premises are a part without the prior written consent of Lessor. Said consent will be given only up on Lessor's satisfaction that any repairs necessitated as a result of Lessee's action will be made by Lessee at Lessee's expense and will be made in such a manner so as not to invalidate any guarantee relating to said roof.

5.3 Free from Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Lessee or alleged to have been incurred by Lessee.

6.0 INSURANCE AND INDEMNIFICATION

6.1 Insurance. Prior to its ability to access the Demised Premises, Lessee will provide City with proof of insurance, at Tenant’s sole cost and expense, to remain in full force and effect during the entire term of this lease. The following policies of insurance shall be maintained:

A. Insurance Provided by Lessee.

Comp rehensive or Commercial Form General Liability Insurance shall include the following minimal limits:
(i). General Liability including op erations, products and completed operations $1,000,000 each occurrence for bodily injury, personal injury and property damage/$2,000,000 aggregate
(ii). Automobile $1,000,000 each accident; $1,000,000 uninsured motorist
(iii). Workers Compensation $1,000, 000 each accident/$1,000,000 each employee for disease.
(iv). Excess Liability/Umbrella Form $2,000,000.

Item 1D - Page 11
8 B. An
Additional Insured Endorsement is required for the General Liability Insurance policy naming the City, its officers, employees, and agents as additional insured on the policy.

C. The policies shall provide for a 30 day notice to the City prior to termination, cancellation, or change.

D. The general liability and excess liability/umbrella policies must be endorsed to provide that each policy shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

E. The Workers Compensation policy shall contain the insurer's waiver of subrogation (or waiver of right of recovery) in favor of City, its elected officials, officers, employees, and agents.

F. If, in the City's opinion, the minimum limits of the insurance herein required have become inadequate during the period of this Lease, the Concessionaire shall increase such minimum limits by reasonable amounts on request of the City provided that said coverage is available at standard commercial rates.

6.2 Indemnification. To the fullest extent permitted by law, Lessee shall, at Lessee's sole expense and with counsel reasonably acceptable to City, defend, indemnify, and hold harmless City and City's officers, officials, employees and agents from and against all claims, (including demands, losses, actions, causes of action, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, costs of investigation, court costs and attorney’s fees) from any cause, arising out of or relating (directly or indirectly) to this Lease, the tenancy created under this Lease, or the Demised Premises, including without limitation:

A. The use or occupancy, or manner of use or occupancy, of the Demised Premises;
B. Any act, error or omission, or negligence of Lessee or of any subtenant, invitee, guest, contractor or licensee or Lessee or any subtenant in, on, or about the Demised Premises;
C. Lessee’s conducting or managing of its business;
D. Any alterations, activities, work, or things done, omitted, permitted, allowed, or suffered by Lessee in, at, or about the Demised Premises , including the violation of or failure to comply with any insurance requirements or any applicable laws, statues, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Commencement Date or enacted, promulgated, or issued after the date of this Lease, and;

Item 1D - Page 12
9 E. Any
breach or default in performance of any obligation on
Lessee’s part to be performed under this Lease, whether before or during the term of this Lease or after its expiration or earliest termination.

6.3 This indemnification extends to and includes, without limitation, claims for:

A. Injury to any persons (including death at any time resulting from that injury);
B. Loss of, injury or damage to, or destruction of property (including loss of use at any time resulting from that loss, injury, damage, or destruction); and C. All economic losses and consequential or resulting damage of any kind.

6.4 Lessee’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease until all claims against City involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitations.

7.0 ABANDONMENT AND SURRENDER

7.1 Abandonment. Lessee shall not vacate or abandon the Premises at any time during the term of this Lease. If Lessee shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the Premises shall be deemed to be abandoned, at the option of Lessor, except such property as may be mortgaged to Lessor.

7.2 Surrender of Lease. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or sub-tenancies, or may, at the option of Lessor, operate as an assignment to it of any or all of such subleases or sub- tenancies. In the event that Lessor fails to return the Premises in good condition, Lessor may perform any work necessary to correct deficiencies, and Lessee shall pay the cost of the work plus an administrative fee component of not more than 15 percent.

Item 1D - Page 13
10 Monthl
y Rental while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Lessee in the Premises. However, if during the last two (2) years of the term of this Lease the Premises are damaged as a result of fire or any other insured casualty to an extent in excess of twenty five percent (25%) of the then replacement cost (excluding foundations), Lessor may within thirty (30) days following the date such damage occurs, terminate this Lease by written notice to Lessee. If Lessor, however, elects to make said repai rs, and provided Lessor uses due diligence in making said repairs, this Lease shall continue in full force and effect, and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided.

Nothing in the foregoing to the contrary withstanding, if the Premises or said building is damaged or destroyed at any time during the term hereof to an extent of more than twenty-five percent (25%) of the then replacement cost (excluding foundations) as a result of a casualty not insured against, Lessor may within thirty (30) days following the date of such destruction terminate this Lease upon written notice to Lessee. If Lessor does not elect to terminate because of said uninsured casualty, Lessor shall promptly rebuild and repair the Premises and/or the building and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided. If Lessor elects to terminate this Lease, all rentals shall be prorated between Lessor and Lessee as of the date of such destruction. In respect to any partial or total destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority) which Lessor is obligated to repair or may elect to repair under the terms of this Section, Lessee waives any statutory right it may have to cancel this Lease as a result of such destruction.

9.0 SUBLETTING. For the purposes of this lease, subletting shall not be allowed.

10.0 DEFAULT

10.1 Default by Lessee. The occurrence of any one (1) or more of the following events shall constitute a default and breach of this Lease by Lessee: (a) the failure to pay any rental or other payment required hereunder to or on behalf of Lessor more than three (3) days after written notice from Lessor to Lessee that Lessee has failed to pay rent when due; (b) the failure to perform any of Lessee's agreements or obligations hereunder (exclusive of a default in the payment of money) where such default shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (c) the vacation or abandonment of the Premises by Lessee; (d) the making by Lessee of a general assignment for the benefit of creditors; (e) the filing by Lessee of a voluntary petition in bankruptcy or the adjudication of Lessee bankruptcy; (f) the appointment of a receiver to take possession of all or substantially all the assets of Lessee located at the Premises or of Lessee's leasehold interest in the Premises; (g) the filing by any creditor of Lessee of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing; or (h) the attachment, execution or other judicial seizure of all or substantially all of the assets of Lessee or Lessee's leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.

Any repetitive failure by Lessee to perform its agreements and obligations hereunder,

Item 1D - Page 14
11 though i
ntermittently cured, shall be deemed an incurable default. Two (2) breaches of the same covenant within a sixty (60) day period, a notice having been given pursuant to (a) or (b) above for the first breach, or three (3) of the same or different breaches at any time during the term of this Lease for which notices pursuant to (a) or (b) above were given for the first two (2) breaches shall conclusively be deemed to be an incurable repetitive failure by Lessee to perform its obligations hereunder.

In the event of any such default or breach by Lessee, Lessor may at any time thereafter, without further notice or demand, rectify or cure such default, and any sums expended by Lessor for such purposes shall be paid by Lessee to Lessor upon demand and as additional rental hereunder, with an administrative fee component of not more than 15%. In the event of any such default or breach by Lessee, Lessor shall have the right (i) to continue the lease in full force and effect and enforce all of its rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease, or (ii) Lessor shall have the right at any time thereafter to elect to terminate the Lease and Lessee's right to possession thereunder.

10.2 No Waiver. Acceptance of rental hereunder shall not be deemed a waiver of any default or a waiver of any of Lessor's remedies.

10.3 Lessor's Default. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be deemed in default if Lessor commences performance within a thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Lessee have the right to terminate this Lease as a result of Lessor's default and Lessee's remedies shall be limited to damages and/or an injunction.

11.0 CONDEMNATION. In the event a condemnation or a transfer in lieu thereof results in a taking of any portion of the Premises, Lessor may, or in the event a condemnation or a transfer in lieu thereof results in a taking of twenty-five percent (25%) or more of the Premises, Lessee may, upon written notice given within thirty (30) days after such taking or transfer in lieu thereof, terminate this Lease. Lessee shall not be entitled to share in any portion of the award and Lessee hereby expressly waives any right or claim to any part thereof. Lessee shall, however, have the right to claim and recover, only from the condemning authority (but not from Lessor), any amounts necessary to reimburse Lessee for the cost of removing stock and fixtures. If this Lease is not terminated as above provided, Lessor shall use a portion of the condemnation award to restore the Premises.

12.0 MISCELLANEOUS

12.1 Reservation of Right to Modify Property. Lessor hereby reserves the right (but not the obligation) to renovate, modernize, rehabilitate, expand, reduce,

Item 1D - Page 15
12 reconfigure, enclose and/or otherwise alter all or any portion of the Premises (collectively "Modifications"), in such manner and at such time or times, throughout the term of this Lease, as Lessor may, in its sole and absolute discretion, deem to be in the best interests of the Property. Such Modifications may include, without limitation, the right to construct new buildings on the Property for additional uses, to remove, renovate, repair, add to, modernize or otherwise alter the building in which the Premises are situated as well as other buildings, facilities, structures, malls, walkways, landscaping, parking and common areas or other areas within the Property. In connection with any and all such Modifications, Lessor may enter the Premises to the extent reasonably required by Lessor to pursue and complete such Modifications. In addition, Lessor may temporarily close portions of the parking and common areas and cause temporary obstructions in connection with any Modifications. Lessee agrees that under no circumstances shall the Modifications as to any portion of the Property or the construction activity that takes place in the course of making the Modifications, or any aspect thereof, including Lessor's entry into the Premises, constitute an eviction or partial eviction of Lessee or a breach of Lessee's right to quiet enjoyment or of any other provision of this Lease, nor entitle Lessee to damages, injunctive relief or other equitable relief, nor entitle Lessee to any abatement or reduction in the Monthly Rental, additional rental or other charges or sums due under this Lease; provided Lessor uses reasonable efforts to mitigate any adverse effects on Lessee caused by the Modifications.

12.2 Entry and Inspection. Lessor and its agents shall have the right to enter upon the Leased Premises during such times as may be reasonable under the circumstances for any purpose necessary, incidental to or connected with the performance of its obligations or in the exercise of its governmental functions relating to the public health, safety, good conduct, and the proper management of the Airport.

12.3 Estoppel Certificate. In the event of any proposed encumbrance, assignment, or other transfer of this Lease, Tenant shall submit its request to the City no less than 90 days in advance of the effective date of the proposed assignment in order for the City to make its determination If, as a result of a proposed sale, assignment, or hypothecation of the Premises or the land thereunder by Lessor, or at any other time, an estoppel certificate shall be requested of Lessee, Lessee agrees, within ten (10) days thereafter, to deliver such estoppel certificate addressed to any existing or proposed mortgagee or proposed purchaser, and to the Lessor. Lessee shall be liable for any loss or liability resulting from any incorrect info rmation certified, and such mortgagee and purchaser shall have the right to rely on such estoppel certificate and financial statement.

12.4 Jurisdiction and Venue. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Lease, and service mailed to the address of Lessees set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and Lessee agrees to submit to the personal jurisdiction of such court in the event of such litigation.

12.5 Partial Invalidity. If any term, covenant, condition or provision of this

Item 1D - Page 16
13 Lease i
s held to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof.

12.6 Successors in Interest. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.

12.7 No Oral Agreements. This (i) Lease covers in full each and every agreement of every kind or nature whatsoever between the parties hereto concerning this Lease, (ii) supersedes any and all previous obligations, agreements and understandings, if any, between the parties, oral or written, and (iii) merges all preliminary negotiations and agreements of whatsoever kind or nature herein. Lessee acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by Lessor or its agents or representatives.

12.8 Authority. In the event that Lessee is a corporation or a partnership, each individual executing this Lease on behalf of said corporation or said partnership, as the case may be, represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation or partnership, in accordance with a duly adopted resolution of the Board of Directors, if a corporation, or in accordance with the Partnership Agreement, if a partnership, and that this Lease is binding upon said corporation or partnership in accordance with its terms. Lessee represents and warrants to Lessor that the entering into this Lease does not violate any provisions of any other agreement to which Lessee is bound.

12.9 Relationship of Parties. The relationship of the parties hereto is that of Lessor and Lessee, and it is expressly understood and agreed that Lessor does not in any way or for any purpose become a partner of Lessee in the conduct of Lessee's business or otherwise, or a joint venture with Lessee, and that the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method whereby rental payments are to be measured and ascertained.

Item 1D - Page 17
14 Lessee acti
vity, 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, to the extent applicable to Lessee, it is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting; (4) in the construction of any improvements on, over, or under such Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (5) it shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, including applicable Regulations that may be amended and are hereby incorporated and attached as Exhibit “C” & “D”,

12.11 Notices. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or forwarded by certified mail, postage prepaid, addressed, if to Lessor, as specified in Section 1.9. Either party may change the address set forth herein by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing.

To City: Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite OFC
Palm Springs, CA 92262
To Tenant: Gate Gourmet, Inc
Attn: Legal Department
11955 Democracy Drive
17th Floor
Reston, VA 20190

12.12 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party shall impair such right or remedy or be construed as a waiver.

A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Lease.

12.13 Exhibits and Addenda. The Exhibits and Addenda attached to this Lease are made a part hereof as if fully set forth herein. In the event of a conflict between the terms and provisions of Addenda and the terms and provisions of this Lease, the terms and provisions of the Addenda shall prevail.

Item 1D - Page 18
15 SIGNATURE PAG

E TO FOLLOW

Item 1D - Page 19
16 SIGNATURE PAGE FOR LEASE AGREEMENT No. 25N068 BETWEEN THE CITY OF

PALM SPRINGS AND GATE GOURMET, INC
IN WITNESS WHEREOF, the Parties have entered into this Non-Exclusive Operating and Lease Agreement
as of the day and year first above written.

CITY OF PALM SPRINGS
Approved By:

Scott Stiles
City Manager
Date
Attested By:

City Clerk
Approved as to Form:

City Attorney

GATE GOURMET, INC
Signature
Name
Title
Signature
Name
Title

Item 1D - Page 20
, ocuSigned by:
____ l]:F~ 4--------------
17

Item 1D - Page 21
1CALIFORN IA AU., PIURPO!SE ACKNOWLEDGMENT CIVIL. CODE f 11 e.9 A not•rv public« olli..- offl«• eomp:ldlng llils cenllleatt! .,.,,ffl'e , on'lythie lilm llty orthie lndlvlliual wlio sl'p,ed lhe dtxumeiit ID ..tilcf\ t l'lls attllita te rs .. a11m1ec1, aiid not tbe trullifu lnes. ,aoetncy ; or nldlly ol" lliat i11X1Umi!M.

State of Callfmn!a
County or ___________ _
On __________ before me, ______________________ _
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ll>er-sona ap peared ______________________________ _
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o, prwed to me o n th e basis, of satlislact ory e.oldeoo e to be the• per.;on{s) whose · name{s) l5/,01e• suhsicribed to, the wltl1l'n rnstruml!illt and acln owledged to me that he/she/th ey exew ted th e sam e In hl,vher/tlle a1J.th M-lzed capac lty[les), andtlratbyh ls/her/th elr sfgnatu rels] oothelnstrum entlh ep ersoots l,, orthe en.Illy u pon bel1ia of Mi lch t he•p ersootsl acted, executed tile· nm umenL
P aceNotruyS ealA~
II ,eertlfy II de r PE!ltA/LTY,OF PillIUl!Jfn' u nde r~ lirw.s ,of t he• State ,of CaDfornJl.a t hat t he fOl'l!golng p~ap h Is tru e• and llOrt'ecL
WifTNESS. my 11.!nd and ,officia l se:a'L
S SJ13ture _______________ _
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ltt le o r Type of Docum ent _____________ OoE1Jme11t Date _________ _ lillumbel" of P.~ _______ SfgnertslOth e rfhan illamedAbolr e• ____________ _ Ca~l ~j Oalm~ i.-, Signe!(~
S SJM!f'S Nlam-e ____________ _ Sgner'sN!ame _____________ _ Co.rpo rate Offkler- ntlejs) _______ _ Corp,c,r'ate• Offkler....:ftt le js) ________ _ Partne r U'mJted Gene r.al Pa rt ner lfmJted Gene rill
Ind i,lldual Attorney F.act Ind illtd' al Attomeyfn F.act Trustee GuaJ"d!an ,or Conse l'\lillt« Trustee Guar dian ,or Conse l'\lillt« Othe r ______________ _ Other ______________ _
S gne r IS R.e!]ffesentfng _________ _ Sl'per IS R.epr,esenllng __________ _ ,o~u Nall onalN!otaryAs.sillclado.n • www .Nallo.rullNotary..org • l -800-UJS,NOTAR'i' (i -800-8i6-682:71 lltem 15901 18 EXHIBIT “A”
SECURE APRON – TERMINAL BUILDING
GATE GOURMET – TWO VEHICLE PARKING SPOTS
LOCATION : MARCH 1, 2025

Item 1D - Page 22
19 EXHIBIT “B”

ESTOPPEL CERTIFICATE
Lessee:

Lessor:

Date of Lease:

Demised Premises:

To: _______________________________
_______________________________
_______________________________

The undersigned hereby certifies as follows:

1. The undersigned is the Lessee ("Lessee") under the above-referenced lease ("Lease") covering the above-referenced premises ("Demised Premises").

2. The Lease constitutes the entire agreement between Lessor and Lessee with respect to the Demised Premises and the Lease has not been modified, changed, altered or amended in any respect except as set forth above.

3. The term of the Lease commenced on ________, 20_____ and, including any presently exercised option or renewal term, will expire on _________, 20_____. Lessee is in possession of the Demised Premises and is the actual occupant in possession thereof and has not sublet, assigned or hypothecated its leasehold interest. All improvements to be constructed on the Demised Premises by Lessee have been completed and accepted by Lessor and any Lessee construction allowances have been paid in full.

4. As of this date, to the best of Lessee's knowledge, there exists no breach or default, nor state of facts which, with notice, the passage of time, or both, would result in a breach or default on the part of either Lessee or Lessor. To the best of Lessee's knowledge, no claim, controversy, dispute, quarrel or disagreement exists between Lessee and Lessor.

5. Lessee is currently obligated to pay Monthly Rent in installments of $________ per month, and such monthly installments have been paid not more than one month in advance. To the best of Les see's knowledge, no other rent has been paid in advance and Lessee has no claim or defense against Lessor under the Lease and is asserting no offsets or credits against either the rent or Lessor. Lessee has no claim against Lessor for any security or other deposits except $ which was paid pursuant to the Lease.

Item 1D - Page 23
20 any right or interest with respect to the Demised Premises other than as Lessee under the Lease. Lessee has no right to renew or extend the term of the Lease except as set forth in the Lease.

7. Lessee has made no agreements with Lessor or its agent or employees concerning free rent, partial rent, rebate of rental payments or any other type of rent or other concession except as expressly set forth in the Lease.

8. There has not been filed by or against Lessee a petition in bankruptcy, voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the bankruptcy laws of the United States, or any state thereof, or any other action brought under said bankruptcy laws with respect to Lessee.

9. All insurance which Lessee is required to maintain under the Lease has been obtained by Lessee and is in full force and effect and all premiums with respect thereto have been paid.

Dated this day of , 20_____.

B y :

I t s :

Item 1D - Page 24
21 EXHIBIT “C”

Item 1D - Page 25
081'27/B

APPENDIXA
1400..11
Appendix-4
During the perfor.m.anoe ofthls contract, the ,contrac..tor, for itself, ils assignees, and suocessors in. interest ,(hereiinafte:r refened to, as the '""contractor) agrees as fol!lmi.rs:
l Compti.,, ce with Regulations : The contractor (b.ereinafle:r includes ,consultants) will comp]y with the Acts and the Regulations reJatii.<e to N~on in F,ederally-assistedl programs of the U.S. De.pai:tment of Irarn;,portation, Federal Amtion Ad'minm:ra.tion, as they u:iay be amendedl from time to time, whic-h are herein inoo:npcm1tedl by reference ,m.d made a part o.fthls contract.

2. Non-discrimination: The ,contrac..tor, with regard to the work performed by it during the contrac..t, will notictiscri.m:inate ,on the groun~ ofrace ., color, ,or national. origin in the seJJ.ec.tion and retention of subcontrac.tol!S, including proruremems ,of materials and leases of equipment.

The oonm.cto r will mot participate directly m indiredly m fli.e dtis:crimmaition prohibited by the Ac.ts. and the Re.gulatiOiliS., mciludli!llg anp oym.ent pn.ctias when the contract co,1;,ecs :my activity project, or program set forth io. Appendix B of 49 CFR. part 11.

3. Soliota ,ti.ons fo1· SubroDJtraru. fu dudmg fcll'OCurements of Materials and Eqmpmf:Dt:, In .al] soli.citati.on.s, eiiheJ by competi.tnte bidding, or negotia.tion made iby the contractor for wori to be perlonned undec a subcontract, includingproouremmts ,ofmataiah, 0 1 leases ofeqllpment, each potenti.a] subcontractoI or soppll'er will be notified by the conbac..tor of the contractor' s:
obligations under this contract and fue Acts and the Regolatiom rel.alive to Non-discriminati.0I11 on the gr,ounds ofmce . color. or national ,origin.

4. Information and Repol'fs: The contractor will J>Rl"'file all m:fmmation and reports Iequired iby the Acts, fli.e Reg)ilalions, .and directives issued [PUISWllt thereto and will permit access, to irts books, records, acommts, other sources of m:fomiation, and its facilities, as, .may be detenmned by the Recipient ,or the Ft>dernl Aiiation Admimsu:.a.tion to be pertinent to asrertam compliance with such Act&, Regnlations , and i.nstru.rtiiol!liS-. Where any infonnal:ionrequiiedof11 contractor is .in the exclusii;•e possession of another who fails or refuses to furnish. the in.formation, the contrilctor will so certify to 1he Recip:ient or the Fedel'al A.nation Administratio n, as appropriate, and will set foi:tb. what efforts it has made to ,obtain the mformati.on.

5. Saneti.om for oDJromp6anee: In the event ,of a contractor's .nolIDOmp~ 1,i,r1th the Non disaimmati.0I11 provisions ofthis conbact, the Iurip.ientwill impose such contract sandions as it or the Feder.aL\,iafion Administration may detemline to be appFopriate., in.duding, bnhrot limited to:
51 22

Item 1D - Page 26
08127113 1400.111
Appmdix4
a. withholding paymads to the roalracto:r mider the contnct until the ,contractor oompl.ies; andlor
b. cancelling, teim.imting; or simpendmg .a contract, in whole o:r in put

6. Ineot-po1-ation of PrMuions :, The oonnactor will. mdude the piovisions of pangra,ph& ome through six.in every mbcontract, including ()IootmemeD.ts ofmaterials :mdleases of equipment, miless exempt by the .Acts, the Reguialiom, and directi,;;•es issued pUISDmt thereto. The oonlractor will take acti.on with respect to, any subcontract or~ as the Recipient or the FederaJ Aisianon Adminmh'ati:on may direc.t as a means ofenfo:rcing sm::.h pro-visions irndudlmgsancti.ons. fu1 nonc;omplianoe. Provided, that if the contractor becomes in,'Oiverl in, or is threatened with tit:ig;ni.on by a subcontractor, ,or irup;poo because of such dlireclion., the c.onbactolf may request the Reci.piem: to enter into any Ii.tiga.tion to protect the interests of the Recipient. fu. addition, the oontrac.tor m.ary Iequest the United States to eote:r mto, the litigation to protect the mteres~ of the United States. 52 23
EXHIBIT “D”

Item 1D - Page 27
08f27113

APPENDIXE
1400.11
Appendi!X4
During the perfmmance ,of this contract, the contractor, fur itse]f, its assignees, and snc~ors m :interest (here:maite:r referred to a.s 1he ",conttad:o:rj a:grees to compfy with the fO:l!lowmg non discrimimatinu statutes and authorities; inclu.dmg l:nrt not liimited to:

Pe-rtinent ·. on-Disetimination A thoriti:es:
·• Title VIof1he Civil. lugh1s Act of 1964-(42 U.:S.C. § 2000d et seq., 78 stat. 252), (prolulnts discrimimtion on the basis ofraoe, color, national. origin},. md49 CFR part 11. • The Uniform Relocation Assistmre md Real Pmperty hquisi.ti.on Policies Act ,of 1970, (42. U.S,C. § 4601), (prohibits: unfair treatment ofpeoom; , dispiac.ed 01 whosepropeny has been acquired bec.ause ofF ederal or Federal-aid progwm and projects); • Section 504 ofthe .Rehahi!litationAct of 1973, (29 U.S,C. § 794 ,et seq.), as amended, (prommts discrimimtion on the basis of disability); and 49 CFR part 27; • The Age D:isc-riminati.olil. Act of 1975. ~ amended, (41 U.:S.C. § 6101 ei .ieq.), (promoits:
discrimination on the bas::is of age};
·• Allport and Airway Improvement Act o.f 1'982, (49 USC § 471, Section 47123), as amended, (pmhibits d!iscr.imirnation based on race, creed, color, national origin, ,or sex); •• The Civil Rights Restma.tion Act of 1987, (PL il.00-209), (Broadened 1he scope, ,co,;rerag~ and applicability of Ti.tie VI o.fthe Ci,riJ Rights Act of 1964, The Age Dismmina.tion Act of1975 md Section 504 ,of the Reha.bilitati.on Act ,of1'973, byexpudmgthe definition of the temis )!rograms or activities" to iindude a!l1 ,of the programs or activities ,offue Fede:ml-aid recipients:, s,irb-nripients .and contractors, whefue:r suoo programs or .actii;ri.ties, are Federally funded or nott
• Titles TI and ill o.f the Americans with Disabilities Act, wmc• prohibit discrimmation on the basi.s of disabili.fy m the ,operation of public entities, public and private trmsportati.on systems, places of public ac.oommodati.oll, and certain testing entities ,(42 U.S.C. §§ 11131-111&9) as impl.e:mented by Department ofTnnsportation regwations :u 49 CFR parts 37 and 38;
• TheFederalAviation .Administration' sNon -discrimm:ation statute (49 U.:S.C. § 47123) (p:mlulxit:s discriminati.on on the basi.s ofraoe, color, national origin, and sex); ·• Exerutive Order 12&9&, Fedew Adions to, Add!rress Environmenla] Jm:tice im. Minority Populations and Low-lnoome Populations, which ensures dirnminiltiim. against minority populations ihy diooomagmg pro,grams, policies, and acfu.ities lrith disproportionately high md adveise lmman health ,or en,;ri.roDIDenial effects on minority and fow-mcome populations;
'57

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE
Item 1D - Page 28

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Gate Gourmet, Inc.

2. Address of Entity (Principal Place of Business)
11955 Democracy Drive, 17th Floor, Reston, VA 20190

3. Local or California Address (if different than #2)
645 West Field Road, San Francisco, CA 94128

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

5. Type of Entity
xCorporation 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
_Jens Kuhlen X Officcer X Director F Member F Manager
[name] F General Partner F Limited Partner
FOther
_Som Venkatanarayan X Officer X Director F Member F Manager [name] F General Partner F Limited Partner
F Other
Dominic Troilo x Officer F Director F Member F Manager
[name] F General Partner F Limited Partner
F Other

Item 1D - Page 29

Antonio McMillon x Officer F Director F Member F Manager [name] F General Partner F Limited Partner F Other

Kathy Scadden x Officer F Director F Member F Manager
[name] F General Partner F Limited Partner F Other

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A. (See list below)

[name of owner/investor]
(See list below)

[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
Jens Kuhlen, President
Som Venkatanarayan, Treasurer
Date

Item 1D - Page 30
Response to Section 7

1. Gate Gourmet, Inc.
a. Directors & Officers: Listed on Section 6.
b. Ownership: 100% gategroup U.S. Holding, Inc.

2. gategroup U.S. Holding, Inc.
a. Directors & Officers: Listed on Section 6.
b. Ownership: 100% Gate Gourmet Luxembourg IV s.a.r.L.

3. Gate Gourmet Luxembourg IV s.a.r.L.
a. Directors & Officers: See list below.
b. Ownership : 100% gategroup Financial Services s.a.r.L.

4. gategroup Financial Services s.a.r.L.
a. Directors & Officers: See list below.
b. Ownership: 100% gategroup Holding AG

5. gategroup Holding AG
a. Directors & Officers: See list below.
b. Ownership: gategroup Holding AG is owned 50/50 by two investment funds, Temasek and RRJ Capital. No natural person owns >5% of either investment fund

Item 1D - Page 31

Gate Gourmet Luxembourg IV s.a.r.L.

Officer Type Function
Schwendinger, Urs Director Manager and Chairman of the
Board of Managers
Petzold Theiler, Angela Director Manager
Clinquart, Jean-Michel René Director Manager
Glessinger, Delphine Marie-
Paul Director Manager and Secretary
Francois, Sébastien Director Manager
Millasson, Jean-Daniel Proxyholder Day to day manager
Davies, Philip Proxyholder Day to day manager
Kubatz, Sabine Proxyholder Day to day manager

gategroup Financial Services s.a.r.L.

Officer Type Function
Clinquart, Jean-Michel René Director Manager
Francois, Sébastien Director Manager
Schwendinger, Urs Director Manager and Chairman of the
Board of Managers
Petzold Theiler, Angela Director Manager
Davies, Philip Proxyholder Day to day manager
Kubatz, Sabine Proxyholder Day to day Manager
Millasson, Jean-Daniel Proxyholder Day to day manager

Item 1D - Page 32

gategroup Holding AG

Officer Type Function
Krueger, Uwe Director Director
Ong, Tiong Sin Director Director
Schmitz, Christoph Director Director
Vättö, Timo Director Director, NCC member and Chairman of the Board
Schmid, Andreas Director Director, AC chairman
Bajan, Björn Istvan Director Director, AC member and NCC chairman Weyer, Thomas Director Director, AC and NCC member
Krueger, Uwe Director Vice-Chairman
Lam, Yan Director Director and NCC member
Han, Bernard Director Director and AC member
Schmitz, Christoph Officer CEO
Schwendinger, Urs Other Authorized signatory
Petzold Theiler, Angela Other Authorized signatory
Davies, Philip Other Authorized Signatory
Millasson, Jean-Daniel Other Authorized Signatory

Item 1D - Page 33

CITY COUNCIL STAFF REPORT

DATE: APRIL 9, 2025 CONSENT CALENDAR

SUBJECT: APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L083 WITH ALCLEAR, LLC DBA CLEAR , FOR BIOMETRIC

PASSENGER SCREENING SERVICES AT THE PALM SPRINGS

INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve the Non-Exclusive Operating and Lease Agreement No. 25L083 (Agreement) with Alclear, LLC dba CLEAR, a provider of biometric passenger screening at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Non-Exclusive Operating and Lease Agreement No. 25L083 with Alclear, LLC dba CLEAR (Attachment A) consisting of a one-year term, from April 1, 2025, to March 31, 2026, with two one-year extension options, generating a yearly space rent of $115,478.72 and $0.75 per unique member verified using CLEAR biometric screening services with a minimum annual guarantee of $111,000.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) confirmed on March 28, 2025, Alclear, LLC . dba CLEAR is a Delaware Corporation registered in the state of California and licensed to do business in the City of Palm Springs.

BACKGROUND:

In Calendar Year (CY) 2024, a total of 1,606,281 departing passengers used the Transportation Security Administration (TSA) security checkpoint at the Palm Springs International Airport. During certain periods, this resulted in congestion at the security checkpoint which the Airport and the TSA strive to minimize.

Item 1E - Page 1
City Council Staff Report
April 9, 2025 -- Page 2
Non-Exclusive Operating and Lease Agreement with CLEAR

On April 7, 2022, City Council approved Agreement A9092 with CLEAR to lease A irport terminal space and provide biometric verifications of subscribing departing passengers at the Airport. CLEAR’s service helps expedite the TSA’s security checkpoint processes for CLEAR members by reducing congestion and lessening passenger wait times. CLEAR members are escorted by a CLEAR employee to the TSA agent for screening through a designated lane at the TSA security checkpoint.

With the successful launch of operations in April 2022, CLEAR requested, and was approved by City Council on November 28, 2022, the addition of 158 square feet of space in the Airport’s main terminal lobby to add four biometric instrument stations (P ods) on the south side of the main terminal lobby doors for the purpose of expanding regular screening during peak times as depicted in Figure 1 and to facilitate TSA PreCheck enrollments as depicted in Figure 2, offering an added convenience to the traveling public further expediting checkpoint processing at the Airport.

Figure 1 – CLEAR Figure 2 – TSA PreCheck

STAFF ANALYSIS:

Since April 2022, CLEAR has verified over 450,000 unique members using the biometric processes at the Palm Springs International Airport. In CY2024, the number verified was 162,309 or 10% of all enplaned passengers used CLEAR.

CLEAR operates four Pods in 285 square feet of space adjacent to the TSA checkpoint as well as the four Pods in 158 square feet of space on the south side of the main doors for overflow and enrollments. Behind the verification lane, CLEAR occupies 426 sq uare feet of office and breakroom space for their employees.

Item 1E - Page 2
City Council Staff Report
April 9, 2025 -- Page 3
Non-Exclusive Operating and Lease Agreement with CLEAR

The continued presence and future growth of CLEAR will help expedite the TSA security checkpoint processes for CLEAR members and will help alleviate general security line congestion enhancing the overall passenger experience for all travelers. CLEAR’s growth of both members verified, and enhancement of services offered, will generate continued revenues for the Airport.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council Priority 1D, Economic Development as well as the Airport’s Strategic Plan Priority 2 – Goal 2 : Deliver an Unforgettable Guest Experience.

FISCAL IMPACT:

Based upon the current space leased by CLEAR in the Terminal Building, the annual rent credited to Airport Fund 415.38105 – Non-Airline Terminal Rent Fee – for Fiscal Year 2026 will be $115,478.72. CLEAR has indicated that the amount of space currently leased will be sufficient for their current operations at the Airport. Should they wish to increase or expand services, CLEAR would need to identify additional space needs for future growth.

In addition to the rent for the Terminal Building space, CLEAR is required to pay $0.75 per unique member verified using CLEAR biometric member screening services. Based upon the current trend of passenger enplanements and the current ratio of 1 out of every 10 passengers screened using CLEAR , the estimated revenue credited to Airport Fund 415.38135 – Commercial Service Fees - for Fiscal Year 2026 will be approximately $120,000, with a minimum annual guarantee of $111,000.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr
City Attorney: Geremy Holm
City Manager: Scott Stiles

Item 1E - Page 3
City Council Staff Report
April 9, 2025 -- Page 4
Non-Exclusive Operating and Lease Agreement with CLEAR

ATTACHMENTS:

A. Airport Non-Exclusive Operating Lease Agreement CLEAR B. Public Integrity Disclosure

Item 1E - Page 4

ATTACHMENT A

LEASE AGREEMENT
Item 1E - Page 5
1 ALCLEAR,
LLC DBA CLEAR 25L083

NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT

FOR TERMINAL USE SPACE AT

PALM SPRINGS INTERNATIONAL AIRPORT
THI
S LEASE (“Lease”) i s made and entered into this 1st day of April, 2025, by and between the CITY OF PALM SPRINGS, a municipal corporation (“Lessor”), and Alclear, LLC dba CLEAR, a Delaware Corporation (“Lessee”) registered in the State of California.

City and Lessee may herein be referred to individually as a “Party” and collectively as “Parties.”
R E C I T A L S:

A. Lessor
desires to lease terminal use space at Palm Springs International Airport (“Airport”) to operate a Non-Commercial Aeronautical Activity consisting of a Registered Travel Program providing expedited security screening for passengers who are registered for Lessee’s membership service.

B. City believes that the travelers using the City’s airport terminal would benefit from these related services.

NOW THEREFORE, City and Lessee mutually agree as follows:

AGREEMENT

1.0 LEA
SE SUMMARY. Certain fundamental lease provisions are presented in this Section and represent the agreement of the parties hereto, subject to further definition and elaboration in the respective referenced Sections and elsewhere in this Lease. In the event of any conflict between any fundamental lease provision and the balance of this Lease, the latter shall control. References to specific Sections are for convenience only and designate some of the Sections where references to the particular fundamental lease provisions may appear.

1.1 Dem
ised Premises . The “Demised Premises ” shall refer to that certain property consisting of 443 square feet of lobby space which will be occupied by screening pods and 425 square feet of office and breakroom space and located in the Palm Springs International Airport Terminal Building and particularly described in Exhibit “A” attached hereto.

1.2 Leas e Term. The term of this lease shall commence on March 1, 2025 and shall terminate on February 28, 2026.

1.3 Ext ension Option. Lessee may have the right to renew the Lease for two (2), one (1) year terms which may be exercised by providing written notice to Lessor Item 1E - Page 6
2 no les
s than sixty (60) prior to the expiration of the Lease term or renewal period. The rental payments for any extension shall be calculated as indicated in Section 1.4.

1.4 Lease Rental Payments. The rent for the Demised Premises is at a Rate of $133.04 per square foot per annum for lobby and office space , paid in monthly increments of $9,623.23 due on the first day of each month. The monthly rent shall be adjusted July 1st of each year in an amount equal to the increase in the consumer price index for All -Urban Consumers (CPI -U) in the Riverside- San Bernardino- Ontario Metropolitan Statistical Area (MSA), as published by the Bureau of Labor Statistics, its successor, or substantively similar, widely adopted measurement of cost inflation for the Palm Springs region. The rent shall be escalated annually, effective each July 1st, using CPI-U indices comparing January of the prior year to January of the current year. City shall send written notice of the applicable rent increase of each successive year along with documentation evidencing the calculation used to arrive at the figure.

1.5 Comm
ercial Activity Fee. In addition to rent as provided for in Section

1.4 of this Lease, Lessee agrees to remit to Lessor a $0.75 fee for each Unique Member Verification performed during each month as measured by Lessor’s automated data warehouse. This fee shall not include duplicate transactions, Lessor’s employee verifications, verifications made for testing or quality control purposes, or demonstration verifications.

1.6 Min imum Annual Guarantee (MAG). As a condition for operating at the Demised Premises, Lessee shall pay to City, commencing with the start of the Lease, and on the first day of each and every month through the Term of this Agreement, one- twelfth (1/12) of the Minimum Annual Guarantee for the applicable Agreement Year without demand, deduction or setoff. Lessee agrees the MAG for each Agreement Year shall be $111,000 (one hundred and eleven thousand dollars).

Within fifteen (15) days after the end of each calendar month of the term hereof, com
mencing with the fifteenth (15th) day of the month following the Commencement Date, and ending with the fifteenth (15th) day of the month succeeding the last month of the Lease term, Lessee shall furnish Lessor a M onthly Report certified by Lessor to be correct, showing all transactions during the month and designating each type of transaction including the excluded transactions listed herein with sufficient details, and shall accompany each such statement with Commercial Activity Fee Payment to Lessor.

In the event the Monthly Commercial Activity Fee Payment is greater tha n (1/12) of the MAG for the applicable Agreement Year, Lessee shall pay the difference to City with the Monthly Report. This fee is for the privilege to engage in business at Airport and is not for lease of the Demised Premises. Lessee shall be liable for any State Sales Tax thereon, should such “privilege fee” now or hereafter be held to be taxable by the State of California.

A. MA
G Abatement Based on Enplaned Passengers in a
Calendar Year. The City calculates the number of enplaned passengers at the Airport.

The Airport shall calculate the number of enplaned passengers no later than sixty (60) days after the end of the Calendar Year. For the purposes of this Lease, a Calendar Year Item 1E - Page 7
3 is def
ined as the period of twelve (12) consecutive months, starting on January 1st and ending on December 31st. If the number of enplaned passengers in any given Calendar Year as calculated by the Airport, falls below ninety percent ( 90%) of the number of enplaned passengers during the previous Calendar Year, then the MAG shall be reduced by taking the percentage of reduction of enplaned passengers over 90% from the previous Calendar Year, and multiplying that fraction by the current year’s MAG. If the number of enplaned passengers in any given continuous three- month period as calculated by the City, falls below seventy-five percent (75%) of the number of enplaned passengers during the same continuous three- month period during the previous year, then for the following month, the MAG shall be reduced by taking the percentage of reduction of enplaned passengers from the same continuous three- month period during the previous year, and multiplying that fraction by one- twelfth current year’s MAG, to calculate that month’s MAG payment.

1.7 E
xtension Options. Extension options in this lease as noted in Section

1.3. 1.8 Security Deposit. N /A

1.9 U se of Premises. Lessee shall use and occupy the Premises for the purpose of providing a Registered Travel Program offering expedited security screening for passengers who are registered for Lessee’s membership service.

Lessor:

City of Palm Springs
Attn: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Unique Member Verification (UMFA) monthly reports and
payments made out to the City of Palm Springs or Palm
Springs International Airport shall be mailed to:

Accounts Receivable
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262

2.0 TERM

2.1 Ter
m. The term of this Lease shall commence on the date specified in Section 1.2 (“Commencement Date”) and shall continue for the period specified therein unless earlier terminated as provided herein.

2.2 Reserved.

2.3 Time. Time is of the essence of this Lease.

2.4 Fo rce Majeure. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws or Item 1E - Page 8
4 regulat
ions or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides the other party written notice of such event within ten (10) days of the commencement of the prompt payment of any rental or other charge required of Lessee hereunder except as may be expressly provided elsewhere in this Lease.

2.5 Ter
mination by Lessor. Lessor shall have the right to terminate this Lease by providing Lessee with at least thirty (30) days advance written notice. If Lessor terminates this Lease as provided in this Section, Lessee hereby waives any right to receive any other compensation from Lessor , including, but not limited to, the value of Lessee’s leasehold interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and Lessor shall have no obligation to pay Lessee therefor.

2.6 Ho lding Over. Any holding over with the consent of Lessor, express or implied, shall be construed to be a tenancy from month- to-month, cancelable upon thirty (30) days’ written notice, and at a monthly rental equal to one hundred and fifty percent (150%) of the monthly rental in effect at the expiration of the contract services agreement.

2.7 Term
ination by Lessee. Lessee shall have the right to terminate this Lease by providing Lessor with at least thirty (30) days advance written notice. If Lessee terminates this Lease as provided in this Section, Lessee hereby waives any right to receive any other compensation from Lessor, including, but not limited to, the unamortized value of Lessee’s leasehold improvements, Lessee’s leasehold interest, loss of goodwill and relocation benefits, inverse condemnation or the taking of property and Lessor shall have no obligation to pay Lessee therefor.

3.0 RENT
AL

3.1 Monthly Rental. Les see shall pay to Lessor, during the term of this Lease from and after the Commencement Date, as monthly rental (“Monthly Rental”) for the Premises the sum specified in Section 1.4 hereof, which sum shall be paid in advance on the first day of each calendar month. In the event the Commencement Date does not occur on the first day of a calendar month, the Lessee shall pay the rental for the fractional month on the Commencement Date on a per diem basis calculated on a thirty (30) day month. All rental to be paid by Lessee to Lessor shall be in lawful money of the United States of America and shall be paid without deduction or offset, prior notice or demand, at the address designated in Section 1.7 hereof.

3.2 Rental Adjus
tment. Rental adjustment are as specified in Section

1.4. 3.3 Additional Rental . For the purposes of this Lease, all monetary obligations of Lessee under this Lease, including but not limited to, insurance premiums, property taxes, maintenance expenses, late charges and utility costs shall be deemed to be additional rental.

Item 1E - Page 9
5 3.4 Real Property Taxes. Unless Lessee qualifies for an exemption, in addition to all rentals herein reserved, Lessee shall pay, at the election of Lessor , either directly to the taxing authority or to Lessor , annual real estate taxes and assessments levied upon the Premises (including any possessory interest taxes), as well as taxes of every kind and nature levied and assessed in lieu of, in substitution for, or in addition to, existing real property taxes. Such amount shall be paid on the date that is twenty (20) days prior to the delinquent date or, if Lessor receives the tax bill, ten (10) days after receipt of a copy of the tax bill from Lessor , whichever is later. Even though the term of this Lease has expired and Lessee has vacated the Premises, when the final determination is made of Lessee’s share of such taxes and assessments, Lessee shall immediately pay to Lessor the amount of any additional sum owed.

3.5 Personal Property Taxes. Unl
ess Lessee qualifies for an exemption
from property taxes or possessory interest taxes due to its non- profit status, during the term hereof, Lessee shall pay, prior to delinquency all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises, and when possible Lessee shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Lessor.

3.6 Utilities. All c
ost of water, gas, heat, electricity, and sewer services used in, upon, or about the Demised Premises shall be paid by the City. Lessee shall pay all telephone, internet, cable television, satellite, broadband and other telecommunications services.

3.7 Late Payment. Lesse
e hereby acknowledges that late payment by
Lessee to Lessor of rental or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges.

Accordingly, any payment of any sum to be paid by Lessee not paid within ten (10) days of its due date , shall be subject to a five percent (5%) late charge. Lessor and Lessee agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Lessor for its loss suffered by such late payment by Lessee.

3.8 Interest. Any
sum to be paid pursuant to the terms of this Lease not
paid when due shall bear interest from and after the due date until paid at a rate equal to three percent (3%) over the reference rate being charged by Bank of America, N.A. from time to time during such period, so long as the rate does not exceed the maximum non- usurious rate permitted by law in which case interest shall be at the maximum non- usurious rate allowed by law at the time the sum became due.

4.0 USE O

F THE PREMISES

4.1 Permitted Use. Th e Lessor hereby leases to Lessee and Lessee leases from Lessor the Premises with appurtenances as defined herein, for the purpose Item 1E - Page 10
6 of c
onducting thereon only the use specified in Section 1.7 of this Lease and for no other use. No signs posters or similar devices shall be erected, displayed or maintained by the Lessee in view of the general public without advance written notice of the Airport Executive Director.

4.2 Prohibited Use. The operations of the L essee shall be conducted in an orderly and proper manner and so as not to annoy, disturb, or be offensive to others at the Airport. No solicitation of the public is allowed. Tenant shall provide uniforms and its employees shall wear badges or other means of identification.

4.3 Compliance with Laws. L
essee shall, at his own cost and expense,
comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Premises, and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force. Lessee’s violation of law shall constitute an incurable default under this Lease. The judgment of any court of competent jurisdiction, or the admission of Lessee in any action or proceeding against Lessee, whether Lessor is a party thereto or not, that Lessee has violated any such order or statute in said use, shall be conclusive of that fact as between the Lessor and Lessee.

Lessee shall not engage in any activity on or about the Premises that violates any E
nvironmental Law, and shall promptly, at Lessee s sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for clean- up and removal of any contamination involving any Hazardous Material created or caused directly or indirect ly by Lessee. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Demised Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C.

Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health an d Safety Code Section 25249.5 et seq.; (v) California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.; (viii) California Water Code Section 1300 et seq.; and (ix) California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto.

Lessee shall provide prompt written notice to Lessor of the existence of Hazardous Substances on the premises and all notices of violation of the Environmental Laws received by Lessee.

4.5 P ublic
Facilities, Ingress, Egress and Quiet Enjoyment. City agrees that Lessee, upon payment of the rental hereunder and performing the covenants of the Lease, may quietly have, hold and enjoy the Demised Premises during the term of the Lease, and that Tenant shall have the non-exclusive right to use, in common with others, the public at the Airport and Tenant shall have a reasonable right of ingress and egress from the Demised Premises and the public facilities for its employees, visitors and customers.

4.7 Hours of Business. Subj
ect to the provisions of Section 7.0 hereof,
Lessee shall continuously during the entire term hereof conduct and carry on Lessee’ s business in the Premises and shall keep the Premises open for business and cause Lessee’s business to be conducted therein during the Lessee ’s usual business hours of each and every business day.

4.8 Rules and Regulations. Lessee shall faithfully observe and comply with the rules and regulations that Lessor shall from time to time promulgate and/or modify. Lessee shall observe and comply with the rules and regulations governing the Airport contained in the City of Palm Springs Municipal Code - Title 16, which can be found at: https://library.qcode.us/lib/palm_springs_ca/pub/municipal_code/item/title_16.

Lessee shall faithfully observe and comply with the security responsibilities and regulations set forth by the Federal Aviation Administration, Transportation Security Administration and abide by the Airport Security Program – Appendix 12 “CLEAR Security Responsibilities” which can be found at:
https://palmspringsairport.com/wpcontent/uploads/2022/03/PSP-Airp ort-Security
Program_3-8-22-encrypted-1.pdf. Any amendment or modification of the Rules and Regulations shall be binding upon the Lessee upon delivery of a copy of such amendment or modification to Lessee. Lessor shall not be responsible to Lessee for the nonperformance of any said rules and regulations by any other Lessees or occupants.

The Rules and Regulations shall apply and be enforced as to all Lessees in the Premises on a uniform basis.

5.0 AL

TERATIONS AND REPAIRS

5.1 Alterations and Fixtures . L essee shall not make, or suffer to be made, any alterations to the Premises, or any part thereof, without the prior written consent of Lessor . Construction Plans or detailed plans with scope of work shall be submitted to the Airport for initial review of proposed alteration. A ny alterations to the Premises, except movable furniture and trade fixtures, shall become at once a part of the Item 1E - Page 12
8 real
ty and shall at the expiration or earlier termination of this Lease belong to Lessor.

5.2 Maintenance and Repair . L
essee shall, subject to Lessor 's
obligations hereinafter provided, at all times during the term hereof, and at Lessee's expense, keep, maintain and repair the Premises, and other improvements within the Premises in good and sanitary order, condition, and repair (except as hereinafter provided). Lessor should be notified immediately of any necessary maintenance and repair of any store front, doors, window casements, walls, glazing, heating and air conditioning system, plumbing, pipes, electrical wiring and conduits . Lessee hereby waives all right to make repairs at the expense of Lessor , and Lessee hereby waives all rights provided for by the Civil Code of the State of California to make said repairs. By entering into the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair. Lessee agrees on the last day of said term , or sooner termination of this Lease, to surrender the Premises with appurtenances, in the same condition as when received and in a good, clean and sanitary condition, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. Lessee shall periodically sweep and clean the sidewalks adjacent to the Premises, as needed. Upon Lessee's possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good condition and repair.

Lessee agrees that it will not, nor will it authorize any person to, go onto the r
oof of the building of which the Premises are a part without the prior written consent of Lessor. Said consent will be given only upon Lessor's satisfaction that any repairs necessitated as a result of Lessee's action will be made by Lessee at Lessee's expense and will be made in such a manner so as not to invalidate any guarantee relating to said roof.

5.3 Free from Liens. Le
ssee shall keep the Premises free from any liens
arising out of any work performed, material furnished, or obligation incurred by Lessee or alleged to have been incurred by Lessee.

Item 1E - Page 13
9 6.0 INS

URANCE AND INDEMNIFICATION

A. Insurance Provided by Lesse
e.

Comprehensive or Commercial Form General Liability Insurance shall include the fo
llowing minimal limits:
(i). General Liability including operations, products and completed operations $1,000,000 each occurrence for bodily injury, personal injury and property damage/$2,000,000 aggregate
(ii). Automobile $1,000,000 each accident; $1,000,000 uninsured motorist
(iii). Workers Compensation $1,000,000 each accident/$1,000,000 each employee for disease.
(iv). Excess Liability/Umbrella Form $2,000,000.

B. A n A
dditional Insured Endorsement is required for the General Liability Insurance policy naming the City, its officers, employees, and agents as additional insured on the policy.

C. T he p
olicies shall provide for a 30 day notice to the City prior to termination, cancellation, or change.

D. T he gener
al liability and excess liability/umbrella policies must be endorsed to provide that each policy shall apply on a primary and noncontributing basis in relation to any insurance or self -insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

E. T
he Wor
kers Compensation policy shall contain the insurer's waiver of subrogation (or waiver of right of recovery) in favor of City, its elected officials, officers, employees, and agents.

F. I
f,
in the City's opinion, the minimum limits of the insurance herein required have become inadequate during the period of this Lease, the Concessionaire shall increase such minimum limits by reasonable amounts on request of the City provided that said coverage is available at standard commercial rates.

6.2 Indemnification . To the fullest extent permitted by law, Lessee shall, at Lessee's sole expense and with counsel reasonably acceptable to City, defend, indemnify, and hold harmless City and City's officers, officials, employees and agents from and against all claims, (including demands, losses, actions, causes Item 1E - Page 14
10 of ac
tion, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, costs of investigation, court costs and attorney’s fees) from any cause, arising out of or relating (directly or indirectly) to this Lease, the tenancy created under this Lease, or the Demised Premises, including without limitation:

A. T
he use
or occupancy, or manner of use or occupancy, of the
Demised Premises;
B. A ny ac
t, error or omission, or negligence of Lessee or of any subtenant, invitee, guest, contractor or licensee or Lessee or any subtenant in, on, or about the Demised Premises;
C. Les
see’
s conducting or managing of its business;
D. A ny al
terations, activities, work, or things done, omitted,
permitted, allowed, or suffered by Lessee in, at, or about the Demised Premises , including the violation of or failure to comply with any insurance requirements or any applicable laws, statues, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Commencement Date or enacted, promulgated, or issued after the date of this Lease, and;
E. A
ny
breach or default in performance of any obligation on
Lessee’s part to be performed under this Lease, whether before or during the term of this Lease or after its expiration or earliest termination.

6.3 This indemnification extends to and includes, without limitation, claims for:

A. I
njur
y to any persons (including death at any time resulting from that injury);
B. Los s
of, injury or damage to, or destruction of property (including loss of use at any time resulting from that loss, injury, damage, or destruction); and C. A ll
economic losses and consequential or resulting damage of any kind.

7.0 ABANDONMENT AND SURRENDER

7.1 Abandonment. Less
ee shall not vacate or abandon the Premises at
any time during the term of this Lease. If Lessee shall abandon, vacate or surrender the Item 1E - Page 15
11 Pr
emises or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the Premises shall be deemed to be abandoned, at the option of Lessor, except such property as may be mortgaged to Lessor.

7.2 Surrender of Lease. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or sub-tenancies, or may, at the option of Lessor, operate as an assignment to it of any or all of such subleases or sub- tenancies. In the event that Lessor fails to return the Premises in good condition, Lessor may perform any work necessary to correct deficiencies , and Lessee shall pay the cost of the work plus an administrative fee component of not more than 15 percent.

8.0 DAMAGE AND DESTRUCTION OF PREMISES. I n the event of (a) partial or total destruction of the Premises during the term of this Lease which requires repairs to the Premises, or (b) the Premises being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Lessee's act, use or occupation, which declaration requires repairs to the Premises, Lessor shall forthwith make said repairs provided Lessee gives to Lessor thirty (30) days written notice of the necessity therefor. No such partial destruction (including any destruction necessary in order to make repairs required by any declaration made by any public authority) shall in any way annul or void this Lease except that Lessee shall be entitled to a proportionate reduction of Monthly Rental while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Lessee in the Premises. However, if during the last two (2) years of the term of this Lease the Premises are damaged as a result of fire or any other insured casualty to an extent in excess of twenty five percent (25%) of the then replacement cost (excluding foundations), Lessor may within thirty (30) days following the date such damage occurs, terminate this Lease by written notice to Lessee. If Lessor , however, elects to make said repairs, and provided Lessor uses due diligence in making said repairs, this Lease shall continue in full force and effect, and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided.

Nothing in the foregoing to the contrary withstanding, if the Premises or said building is damaged or destroyed at any time during the term hereof to an extent of more than twenty-five percent (25%) of the then replacement cost (excluding foundations) as a result of a casualty not insured against, Lessor may within thirty (30) days following the date of such destruction terminate this Lease upon written notice to Lessee . If Lessor does not elect to terminate because of said uninsured casualty, Lessor shall promptly rebuild and repair the Premises and/or the building and the Monthly Rental shall be proportionately reduced while such repairs are being made as hereinabove provided. If Lessor elects to terminate this Lease, all rentals shall be prorated between Lessor and Lessee as of the date of such destruction. In respect to any partial or total destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority) which Lessor is obligated to repair or may elect to repair under the terms of this Section, Lessee waives any statutory right it may have to cancel this Lease as a result of such destruction.

9.0 SUBLETTING. For the purposes of this lease, subletting shall not be allowed.

Item 1E - Page 16
12 10.0

DEFAULT

10.1 Default by Lessee . The occurrence of any one (1) or more of the following events shall constitute a default and breach of this Lease by Lessee: (a) the failure to pay any rental or other payment required hereunder to or on behalf of Lessor more than three (3) days after written notice from Lessor to Lessee that Lessee has failed to pay rent when due; (b) the failure to perform any of Lessee's agreements or obligations hereunder (exclusive of a default in the payment of money) where such default shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee which notice shall be deemed to be the statutory notice so long as such notice complies with statutory requirements; (c) the vacation or abandonment of the Premises by Lessee; (d) the making by Lessee of a general assignment for the benefit of creditors; (e) the filing by Lessee of a voluntary petition in bankruptcy or the adjudication of Lessee bankruptcy; (f) the appointment of a receiver to take possession of all or substantially all the assets of Lessee located at the Premises or of Lessee's leasehold interest in the Premises; (g) the filing by any creditor of Lessee of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing; or (h) the attachment, execution or other judicial seizure of all or substantially all of the assets of Lessee or Lessee's leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.

Any repetitive failure by Lessee to perform its agreements and obligations hereunder, though intermittently cured, shall be deemed an incurable default. Two (2) breaches of the same covenant within a sixty (60) day period, a notice having been given pursuant to (a) or (b) above for the first breach, or three (3) of the same or different breaches at any time during the term of this Lease for which notices pursuant to (a) or (b) above were given for the first two (2) breaches shall conclusively be deemed to be an incurable repetitive failure by Lessee to perform its obligations hereunder.

In the event of any such default or breach by Lessee , Less or may at any
time thereafter, without further notice or demand, rectify or cure such default, and any sums expended by Lessor for such purposes shall be paid by Lessee to Lessor upon demand and as additional rental hereunder, with an administrative fee component of not more than 15%. In the event of any such default or breach by Lessee, Lessor shall have the right (i) to continue the lease in full force and effect and enforce all of its rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease, or (ii) Lessor shall have the right at any time thereafter to elect to terminate the Lease and Lessee's right to possession thereunder.

10.2 No Waiver. A
cceptance of rental hereunder shall not be deemed a
waiver of any default or a waiver of any of Lessor's remedies.

10.3 Lessor's Default. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not Item 1E - Page 17
13 be dee
med in default if Lessor commences performance within a thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Lessee have the right to terminate this Lease as a result of Lessor's default and Lessee 's remedies shall be limited to damages and/or an injunction.

11.0 CONDEMNATION. In the event a condemnation or a transfer in lieu thereof results in a taking of any portion of the Premises, Lessor may, or in the event a condemnation or a transfer in lieu thereof results in a taking of twenty -five percent (25% ) or more of the Premises, Lessee may, upon written notice given within thirty (30) days after such taking or transfer in lieu thereof, terminate this Lease. Lessee shall not be entitled to share in any portion of the award and Lessee hereby expressly waives any right or claim to any part thereof. Lessee shall, however, have the right to claim and recover, only from the condemning authority (but not from Lessor), any amounts necessary to reimburse Lessee for the cost of removing stock and fixtures. If this Lease is not terminated as above provided, Lessor shall use a portion of the condemnation award to restore the Premises.

12.0 MISCELLANEOUS

12.1 R
eservation of Right to Modify Property . Lessor hereby reserves the right (but not the obligation) to renovate, modernize, rehabilitate, expand, reduce, reconfigure, enclose and/or otherwise alter all or any portion of the Premises (collectively "Modifications"), in such manner and at such time or times, throughout the term of this Lease, as Lessor may, in its sole and absolute discretion, deem to be in the best interests of the Property. Such Modifications may include, without limitation, the right to construct new buildings on the Property for additional uses, to remove, renovate, repair, add to, modernize or otherwise alter the building in which the Premises are situated as well as other buildings, facilities, structures, malls, walkways, landscaping, parking and common areas or other areas within the Property. In connection with any and all such Modifications, Lessor may enter the Premises to the extent reasonably required by Lessor to pursue and complete such Modifications. In addition, Lessor may temporarily close portions of the parking and common areas and cause temporary obstructions in connection with any Modifications. Lessee agrees that under no circumstances shall the Modifications as to any portion of the Property or the construction activity that takes place in the course of making the Modifications, or any aspect thereof, including Lessor's entry into the Premises, constitute an eviction or partial eviction of Lessee or a breach of Lessee's right to quiet enjoyment or of any other provision of this Lease, nor entitle Lessee to damages, injunctive relief or other equitable relief, nor entitle Lessee to any abatement or reduction in the Monthly Rental, additional rental or other charges or sums due under this Lease; provided Lessor uses reasonable efforts to mitigate any adverse effects on Lessee caused by the Modifications.

12.2 Entry and Inspection . Less
or and its agents shall have the right to
enter upon the Leased Premises during such times as may be reasonable under the circumstances for any purpose necessary, incidental to or connected with the performance of its obligations or in the exercise of its government al functions relating to the public health, safety, good conduct, and the proper management of the Airport.

Item 1E - Page 18
14 12.3 Estoppel Certificate. In the event of any proposed encumbrance, assignment, or other transfer of this Lease, Tenant shall submit its request to the City no less than 90 days in advance of the effective date of the proposed assignment in order for the City to make its determination If, as a result of a proposed sale, assignment, or hypothecation of the Premises or the land thereunder by Lessor, or at any other time, an estoppel certificate shall be requested of Lessee , Lessee agrees, within ten (10) days thereafter, to deliver such estoppel certificate addressed to any existing or proposed mortgagee or proposed purchaser, and to the Lessor. Lessee shall be liable for any loss or liability resulting from any incorrect information certified, and such mortgagee and purchaser shall have the right to rely on such estoppel certificate and financial statement.

12.4 Jurisdiction and Venue. The parties hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Lease, and service mailed to the address of Lessee s set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and Lessee agrees to submit to the personal jurisdiction of such court in the event of such litigation.

12.5 Partial Invalidity. If
any term, covenant, condition or provision of this
Lease is held to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof.

12.6 Successors in Interest. The cov
enants herein contained shall,
subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.

12.8 Authority. In the
event that Lessee is a corporation or a partnership,
each individual executing this Lease on behalf of said corporation or said partnership, as the case may be, represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation or partnership, in accordance with a duly adopted resolution of the Board of Directors, if a corporation, or in accordance with the Partnership Agreement, if a partnership, and that this Lease is binding upon said corporation or partnership in accordance with its terms. Lessee represents and warrants to Lessor that the entering into this Lease does not violate any provisions of any other agreement to which Lessee is bound.

12.9 Relationship of Parties. The relationship of the parties hereto is that Item 1E - Page 19
15 of Les
sor and Lessee, and it is expressly understood and agreed that Lessor does not in any way or for any purpose become a partner of Lessee in the conduct of Lessee 's business or otherwise, or a joint venture with Lessee, and that the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method whereby rental payments are to be measured and ascertained.

12.10 Nondiscrimination. L essee for itself, personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the Demised Premises that: (1) no person, 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”) shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) it shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis; (3) as a condition precedent to City’s lawful capacity to enter this Lease, and in executing this Lease, Lessee certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Lessee 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, to the extent applicable to Lessee , it is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting; (4) in the construction of any improvements on, over, or under such Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (5) it shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, including applicable Regulations that may be amended and are hereby incorporated and attached as Exhibit “C” & “D”,

12.11 Notices.

Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or forwarded by certified mail, postage prepaid, addressed, if to Lessor, as specified in Section 1.9. Either party may change the address set forth herein by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing.

To City: P
alm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
Item 1E - Page 20
16 To Ten
ant: CLEAR
85 Tenth Avenue, 9th Floor
New York, NY 10011
Notice sent to: [email protected]; and
ari [email protected]

12.12 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party shall impair such right or remedy or be construed as a waiver.

SIGNA

TURE PAGE TO FOLLOW
Item 1E - Page 21
17 SIGNATURE PAGE FOR LEASE AGREEMENT No.
25L083 BETWEEN

THE CITY OF PALM SPRINGS AND ALCLEAR, LLC DBA CLEAR
IN WITNESS WHEREOF, the Parties have entered into this Non-Exclusive Operating and Lease Agreement as of the day and year first above written.

CITY OF PALM SPRINGS
Approv
ed By:

Scott Stiles
City Manager
Date
Attested By:

City Clerk
Approved as to Form:

City Attorney

ALCLEAR, LLC DBA CLEAR
Signature
Name
Title
Signature
Name
Title
Corporations require two notarized
signatures. One signature must be from
Chairman of Board, President, or any
Vice President. The second signature
must be from the Secretary, Assistant
Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.

Item 1E - Page 22
18 Item 1E - Page 23
CALIFOR NIA AU-PURPOSE ACKNOW LEDGMENT CIVIL COD E§ 11&9 A notary pubic or other officer comp leting thls certificate verifies only the Identity of the lndMdu al who slg,ned die doOJment to wtikh this certlfkl' te Is attlldied , and not the truthfu lness. aoci.ncy, or vald ltyol that document.

St.at e of Callfomta
Coooty of __________ _
On ____ ~ ____ beforeme, _____ ~~-~--~ = - ~~=-----
Dote Here Insert Nome and 11tle of the Offlttr
Pttson.altyap peared ____________________________ _
Nome(s } of Slgne,(s }
who proved to me on the basts of satisfactory evidence to be the pe,son{s} whose name{s} ls/are StJbscrt, ed to the wltNn tnstrument and acknowledged to me that he/she/they executed the same hn hts/her/thelf author ized capaclty(les), and that by his/her/their signature(s) on the lnstrum ent theperson(s), or the entity upon behalf of which the person(s) acted.executed the Instrumen t.

Place Notmy Seal Abo~
I cer1lfy under PENAL TY OF PERJURY under the laws of the St.at e of caUfoml.a that the f«egolng paragraph Is true and correct.

WITNESS my hand and offlda l seal.
~gnature ________________ _
Signatur e of Notmy PU.bile
------------------CJnlONJU .-----------------
Thouvh thJs sectJon Is optional comp~ th/J lnfrxmotiotl <on d~ o.lwotion of the dotummt o, frovdwmt nott«hmmt of this Jann to cm cmlntmdrd dOOJment.

Descr"lptlon of Attached Docuinent
Tltle or Type of Document _____________ _ Document Dat e _________ _ Numbetof Pages _______ Sfgner(s)OtherT han Named Above ___________ _ C.pactty(les) O.lmed by SlgMr(s)
Sfgner"s Name ~---~-------
Corporate Offlc er-Title(s) ______ _ Sfgner'sName ~---~--------Corporate Offlc er-Tltle(s) _______ _ Pariner Umlte d General Pariner Umlte d General
lnd l\lldual Attomey tnFact lnd l\lldual Attorney tn Fact Trustee Guatdtan orConservator Trustee Guatdtan or-Conservator Other _____________ _ Other ______________ _
Sfgner ts Rep(esentlng __________ _ ~gnerts Rep(esenttng ___________ _ 02014 Nadonal NotaryAs.sodatlon • www.NadonalNotary.org • l~US NOTARY (1-800-876-6827) ltem#S907 19 EXHIBIT “A”

Terminal Building

Item 1E - Page 24
a
1;
IJ====d

20 EXHIBIT “B”

ESTOPPEL CERTIFICATE
Lessee:

Lessor:

Date of Lease:

Demised Premises:

To: _______________________________
_______________________________
_______________________________

The undersigned hereby certifies as follows:

1. The undersigned is the Lessee ("Lessee") under the above-referenced lease ("Lease") covering the above-referenced premises ("Demised Premises").

3. T he term of the Lease commenced on ________, 20_____ and, including any presently exercised option or renewal term, will expire on _________, 20_____. Lessee is in possession of the Demised Premises and is the actual occupant in possession thereof and has not sublet, assigned or hypothecated its leasehold interest. All improvements to be constructed on the Demised Premises by Lessee have been completed and accepted by Less or and any Lessee construction allowances have been paid in full.

4. A s of this date, to the best of Lessee's knowledge, there exists no breach or default, nor state of facts which, with notice, the passage of time, or both, would result in a breach or default on the part of either Lessee or Lessor. To the best of Lessee's knowledge, no claim, controversy, dispute, quarrel or disagreement exists between Lessee and Lessor.

5. Les
see is currently obligated to pay Monthly Rent in installments of $________ per month, and such monthly installments have been paid not more than one month in advance. To the best of Lessee's knowledge, no other rent has been paid in advance and Lessee has no claim or defense against Lessor under the Lease and is asserting no offsets or credits against either the rent or Lessor. Lessee has no claim against Lessor for any security or other deposits except $ which was paid pursuant to the Lease.

6. Les see has no option or preferential right to lease or occupy additional space within the Property of which the Demised Premises are a part. Lessee has no option or preferential right to purchase all of any part of the Demised Premises nor Item 1E - Page 25
21 any right or interest with respect to the Demised Premises other than as Lessee under the Lease. Lessee has no right to renew or extend the term of the Lease except as set forth in the Lease.

9. All insurance which Lessee is required to maintain under the Lease has been obtained by Lessee and is in full force and effect and all premiums with respect thereto have been paid.

Dated this day
of , 20_____.

By:

Its:

Item 1E - Page 26
22 EXHIBIT “C”

Item 1E - Page 27
08127/13

APPENDIX A
1400.11
Al)pendix 4
During the perfonnance of this contract, the contractor, for ilself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

I. Comptianct. with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, federa l Arution Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the wodc performed by it during the contract, will not discriminate on the grounds of race, color, or national origin 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 ~iscriroinarinn proluoited by the Acts and the Regulations, including employment practices when the contract covers any acti,ity, project, or program set forthinAppeodixB 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 wodc to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontra<tor or supplia-will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor -.ill provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will pennit access to its books, records, accounts, other sources of information, and its fucilities as may be determined by the Recipient or the f ederal A,iation Adminisb·ation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the e.i:clusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the f edei-al A nation 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 pro,isions of this contract, the Recipient will impose such contract sanctions as it or the federal .'hiation Administration may determine to be appropriate, including, but not limited to:
51 23

Item 1E - Page 28
08127/13 1400.11
Al)pendix 4
a. withholding payma,ts to the contractor under the contract until the contractor complies; and/or
b. ca:icelling, tenninating, or suspending a contract, in whole or in part.

6. loC'o1-po1"1ltic•o of Prorisions : The contractor will include the provis.iom ofparag:rnplu 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 Recipient or the Federal A•iation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Pro,ided, 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 Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 52 24
EXHIBIT “D”

Item 1E - Page 29
08/27/13

APPENDIXE
1400.11
Appendix4
Dur,ng the perfonnance of this contract, the contractor, for itself; its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply wi1h the following non discrimination statutes and au1horities; including but not limited to:

Pertinent Non-Disc1imination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 18 stat. 252), (prolnoits discrimination on the basis of race, color, national origin); and 49 CFR part 21. • The Unifonn Relocation Assistance and Real Property Acquisition Policies Aci of 1970, (42 U.S.C. § 4601), (prolnoits unfair treatment of persons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projecis); • Section 504 of the Rehabili1ation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prolnoits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prolnoits discrimination on the basis of age);
• Aiiport and Airway Improvement Aci of 1982, (49 USC§ 471, Section 47123), as amended, (prolnoits discriroinarion based on race, creed, color, national origin, or sex); • The Ci,il 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 Discrtmination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the tenns "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients md contraciors, whether such programs oc activities are Federally funded or not);
• T itles II and ill of the Americans with Disabilities Act, which prohibit discrimiJation on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommoda:ion, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by D,partment of Transportation regulations at 49 CFR parts 37 and38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prolnoits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Acticns to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities wi1h disproportionately high and adverse human health or environmental effects on minority and low-income populations;
57 ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE
Item 1E - Page 30

1. 2.

3. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Alclear, LLC dba CLEAR
Address of Entity (Principle Place of Business)
85 10th A
ve, 9th Floor | New York, NY 10011
Local or California Address (if different than #2)
CSC Lawyers Incorporating Service- 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833

4. State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entitv also reqistered in Californiai�.Yes n No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Caryn Seidman-Becker � Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
□ Other
Kenneth Cornick � Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
□ Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
□ Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)
Item 1E - Page 31
I

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

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

Alclear Holdings, LLC 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of 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

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13.18)
8/15/23
Matt Levine
General Counsel
Confirmed information is accurate.
03/28/2025 (email on file)
Item 1E - Page 32

CITY COUNCIL STAFF REPORT

DATE: A PRIL 9, 2025 CONSENT CALENDAR

SUBJECT: APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 2 5C066

WITH HI -LITE AIRFIELD SERVICES LLC FOR THE PURCHASE OF

AIRPORT RUNWAY MA TERIALS WITH RELATED SUPPLIES AND

SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve a five -year cooperative purchase agreement (Agreement) with Hi-Lite Airfield Services LLC (HI-Lite) in an amount not to exceed $17,600,000 for the purchase of airport runway material with related supplies and services f or the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Cooperative Purchase Agreement No. 25C 066 (Attachment A) with Hi- Lite Airfield Services LLC for the purchase of airport runway material with related supplies and services for the Palm Springs International Airport for a five-year term beginning April 10, 2025, through April 9, 2026, in an amount not to exceed $17,600,000.

2. Appropriate $600,000 from Airport Fund 415 to Airport Account 415 7030-40105 budget for Fiscal Year 2024-25.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure F orm (Attachment B ) submitted on November 21, 2024, Hi-Lite Airfield Services LLC is a Texas Limited Liability Company registered in the states of Texas and California.

Item 1F - Page 1
City Council Staff Report
April 9, 2025 -- Page 2
Cooperative Purchase Agreement with Hi-Lite Airfield Services, LLC

BACKGROUND:

Over time, paint on the Airport’s airfield can become worn out, cracked, or chipped. This can create a rough surface that can damage aircraft tires. Removing and reapplying paint on the airfield can help to maintain a smooth surface, reducing the wear and tear on aircraft tires. Overall removing rubber and paint and reapplying paint markings on the airfield is an important maintenance task that ensures safety, compliance, aesthetics, and maintenance of the airport.

The Airport has two parallel asphalt paved runways: Runway 13R-31L and Runway 13L- 31R, and multiple taxiways and ramp areas within the Airport Operations Area (AOA) (Attachment C). As a part of the Airfield Maintenance Program and Federal Aviation Administration (FAA) requirements, the airfield requires rubber and paint removal and paint application on a reoccurring basis. Rubber buildup from the tires of landing aircraft gradually reduces the friction on runways and periodically removing the rubber buildup is part of routine maintenance in order to increase the fr iction on runways for landing aircraft.

On September 26, 2024, the City Council approved Contract Services Agreement No. 24B230 with WGJ Enterprises Inc., dba PCI (PCI) for on-call airport rubber and paint removal and application services for the Airport for a three- year term beginning on October 1, 2024, through September 30, 2027, in an amount not to exceed $4,500,000.

An additional FAA requirement is that the aircraft parking and movement surfaces must be maintained to extend the surface lifespan from cracking and deterioration through the following three maintenance techniques:

1. Crack Sealing - C racks on the airfield surface allow water to penetrate into the sublayers. This can cause damage to the underlying structure, leading to more severe issues such as potholes and weakening of the pavement. Sealing cracks keep the airfield surface smooth and safe for all aviation activities.

2. Fog Sealing – Over time, the surface of the airfield can become weathered and oxidized, losing its flexibility and traction. Fog sealing applies a thin layer of asphalt emulsion that revitalizes the surface, helping restore its original condition. As the fog seal penetrates the surface, it can help improve the skid resistance, providing better friction for aircraft tires, especially during wet conditions.

3. Slurry Sealing - Slurry seal acts as a thicker, more durable sealant that can fill smaller cracks and pores that have formed in the pavement. It not only protects the surface, but it also provides a smoother texture for the airfield. Applying slurry seal can extend the life of the pavement, delaying more costly and invasive repairs and full resurfacing.

Item 1F - Page 2
City Council Staff Report
April 9, 2025 -- Page 3
Cooperative Purchase Agreement with Hi-Lite Airfield Services, LLC

PCI does not provide crack, fog, or slurry sealing services, and the Airport staff have determined that it is necessary for the Airport to procure these additional airfield services through a cooperative purchase agreement with Hi-Lite.

STAFF ANALYSIS:

Maintaining the airfield with crack, fog, and slurry seal applications is essential for preventing damage, ensuring safety, optimizing cost -effectiveness, and prolongi ng the life of the airfield pavement. The proposed Cooperative Purchase Agreement with Hi-Lite will be essential for maintaining the Airport’s two parallel asphalt paved runways, Runway 13R-31L and Runway 13L- 31R, the connectors between the taxiways, and the ramps.

The Agreement with Hi-Lite will provide paint and rubber removal services, and painting services.

The table below outlines the estimated project service amounts for each airfield project totaling $15,500,037.60, as well as the estimated project materials amounts for paint and beads, totaling $2,000,000. The combined estimated total is $17,500,037.60. A n additional amount of $ 99,962.40 has been included to cover any unforeseen project expenses, bringing the total requested Agreement amount to $17,600,000.

Airfield Project Locations
Estimated Project
Service Amounts
Taxiway Alpha $376,917.60
Taxiway Bravo $554,060.00
Taxiway Echo $819,350.40
Southern Ramp $810,345.60
Connectors Between Taxiway Whiskey and Runway 13R-31L $818,214.40 Taxiway Charlie and Connectors $2,797,181.60
Runway 13L-31R $2,709,107.20
Runway 13R-31L $6,614,860.80
Total Estimated Project Service Amounts $15,500,037.60

Project Materials
Estimated Project
Materials Amounts
Paint $1,404,040.00
Beads $595,960.00
Total Estimated Project Materials Amounts $2,000,000.00

Total Combined Amounts $17,500,037.60

Airport staff is recommending the approval of Cooperative Purchas e Agreement No. 25C066 which provides a 20% discount off the Standard Manufacturer’s Suggested Retail Pricing (MSRP), and it will ensure cost efficiency, safety, and longevity of the airfield pavement.

Item 1F - Page 3
City Council Staff Report
April 9, 2025 -- Page 4
Cooperative Purchase Agreement with Hi-Lite Airfield Services, LLC

In accordance with City of Palm Springs Municipal Code Section 7.03 .09 (5) , “Cooperative Purchasing Programs”, the City may authorize the acquisition of supplies or services through a joint powers or other cooperative purchasing program provided that the bidder selected was selected through a competitive process. Staff have determined that Sourcewell Contract No. 110122-HLA with Hi-Lite meets the requirements of City of Palm Springs Municipal Code Section 7.03.09 (5).

ENVIRONMENTAL ASSESSMENT:

The requested action is to approve contracts for the above- mentioned ser vices, 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. In addition, the action would be categorically exempt from CEQA pursuant to Section 15301, in that the removal and paint application of new markings is a minor alteration of existing public facilities and will result in a negligible expansion of an existing use.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Strategic Plan Priority 2, Community Infrastructure, specifically 2A - Improve City Facilities , and it also supports the Airport’s 2025- 2029 Strategic Plan’s Strategic Priorities for Operational Excellence and Infrastructure.

FISCAL IMPACT:

Approval of this action will require the appropriation of $600,000 from Airport Fund 415 to Airport Account 4157030- 40105 budget for Fiscal Year 2024- 25. S ufficient funds are available to cover this appropriation and will be budgeted in subsequent fiscal years.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett, Jr.

Acting Procurement and Contracting Manager: Tabitha Richards Director of Finance and Treasury: Kristopher Mooney
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Cooperative Purchase Agreement No. 25C066
B. Public Integrity Disclosure Form
C. Airport Operations Area (AOA)
Item 1F - Page 4

ATTACHMENT A
COOPERATIVE PURCHASE AGREEMENT NO. 25C066
Item 1F - Page 5
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COOPERATIVE PURCHASE OF AIRPORT RUNWAY MATERIALS WITH

RELATED SUPPLIES AND SERVICES FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT AGREEMENT NO. 25C066

This Cooperative Purchase of Airport Runway Materials with Related Supplies and Services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Hi -Lite Airfield Services LLC, a Texas Limited Liability Company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited Sourcewell Contract No. 110122-HLA with Contractor (“Cooperative Agreement”). b. The City desires to obtain airport runway materials with related supplies and services for the Palm Springs International Airport on an as needed bases, attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out here in its entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. Term. The term of this Agreement is for five years, beginning on April 10, 2025, and continuing through April 9, 2030, unless extended by mutual written agreement of the Parties.

3. Compensation and Payment. This Agreement shall be for an amount not to exceed Seventeen million six hundred thousand ($17,600,000), subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B,” which is incorporated by reference into this Agreement , as if fully set out here in its entirety.

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

5. Insurance. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required, Attachment “C” will reflect that there are no insurance requirements set forth for this Agreement.

6. Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, a gents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses, including legal costs and attorney fees (collectively “Claims”), including but not limited to , Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violati on of any Item 1F - Page 6
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BB&K (2024)

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 aris e 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 requirem ents and limits set forth in this Agreement (if required and incorporated as part of this Agreement) be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement, until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7. Notice. Any notices required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice shall be sent as follows:

IF TO THE CITY: IF TO THE CONTRACTOR:

City of Palm Springs Hi-Lite Airfield Services, LLC
Attn: City Manager/City Clerk Attn: Maxwell Miller
Address: 3200 E. Tahquitz Canyon Way Address: 4816 Lena Road Palm Springs, CA 92262 Bradenton, FL 34211 Phone: (760) 323-8299 Phone: (315) 583-6111

8. Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordi nances 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 this Agreement.

9. Changes. In the event any change or changes in the work is req uested by City, the 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 docu ments, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

10. Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty ( 30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an imme diate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City , in its sole and absolute discretion . Upon receipt of the notice of termination, Contractor shall immediately cease all Se rvices 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. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be Item 1F - Page 7
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BB&K (2024)

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 the City.

11. 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 prohibit ed basis. As a condition precedent to the 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 selectio n for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non - discrimination in City contracting.

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

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

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

14. Entire Agreement. This Agreement, along with the Co operative Agreement constitutes the entire agreement between the Parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the Parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[Signature Page Follows]

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SIGNATURE PAGE TO COOPERATIVE PURCHASE OF AIRPORT RUNWAY MATERIALS

WITH RELATED SUPPLIES AND SERVICES FOR PALM SPRINGS INTERNATIONAL

AIRPORT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND HI-LITE AIRFIELD

SERVICES LLC

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

CONTRACTOR:

By: _____________________________
Signature

Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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ATTACHMENT “A”

SCOPE OF WORK

Contractor shall provide Airport runway materials with related supplies and services for the Supplier’s full line of materials and services.

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ATTACHMENT “B”

QUOTE / PRICING

Item 1F - Page 11
• 20% discount off standard MSRP for Sourcewell members.

Hi-Lite #110122-HLA
Click on link to view contract documentation:
https://files.sourcewell.org/public/Shared%20Documents/Solicitations/10605/00004637/Contract% 20Documents/Hi-Lite%20Contract%20110122.pdf
Pricing for contract #110122-HLA offers Sourcewell participating agencies the following discounts:

Item 1F - Page 12
Sourcewell ~
AIRPORT SERVICES*

ITEM DESCRIPTION UNIT LIST PRICE SOURCEWELL PRICE

RUBBER REMOVAL
P-620-RR Rubber Removal by Waterblasting without Chemical SF 0.53$ 0.42$ P-620-RR.WR Rubber Removal by Waterblasting with Waste Removal SF 1.25$ 1.00$ P-620-RR.MOB Mobilization: Rubber Removal Crew/Equipment EA 4,650.00$ 3,720. 00$ P-620-PR.WB Paint Removal by Waterblasting SF 4.00$ 3.20$ P-620-PR.GR Paint Removal by Grinding SF 4.00$ 3.20$
P-620-PR.GR Paint Removal by Grinding with Waste Removal SF 6.00$ 4.80$ P-620-PR.WB.WR Paint Removal by Waterblasting with Waste Removal SF 6.00$ 4.80$ P-620-PR.MOB Mobilization- Paint Removal Crew/Equipment EA 4,650.00$ 3,720. 00$ P-620-SP Surface Preparation by Waterblasting SF 1.30$ 1.04$ P-620-SP.MOB Mobilization- Surface Preparation Crew/Equipment EA 4,650.00$ 3,720. 00$ P-620-MR Mildew/Mold Removal by Waterblasting SY 2.00$ 1.60$ P-620-MR.MOB Mobilization- Mildew/Mold Removal Crew/Equipment EA 4,650.00$ 3,720. 00$ P-620-SP.WR Surface Preparation by Waterblasting with Waste Removal SF 3.50$ 2.80$ P-620-FT-MOB Friction Testing Mobilization EA 2,500.00$ 2,000. 00$ P-620-FT Friction Testing PER
RWY 10,500.00$ 8,400.00$
P-620-FT.ADD Friction Testing (Each Additional) PER
RWY 4,000.00$ 3,200.00$
P-620-W. TYPE II White Waterborne Paint, Type II, with no Reflective Media SF 1.75$ 1.40$ P-620-W.TYPE.II.I White Waterborne Paint, Type II, with Type I Reflective Media SF 2.00$ 1.60$ P-620-W.TYPE.II.III White Waterborne Paint, Type II, with Type III Reflective Media SF 3.00$ 2.40$ P-620-Y TYPE II Yellow Waterborne Paint, Type II, with no Reflective Media SF 1.85$ 1.48$ P-620-Y.TYPE.II.I Yellow Waterborne Paint, Type II, with Type I Reflective Media SF 2.00$ 1.60$ P-620-Y.TYPE.II.III Yellow Waterborne Paint, Type II, with Type III Reflective Media SF 3.00$ 2.40$ P-620-B.II Black Waterborne Paint, Type II, without Reflective Media SF 3.00$ 2.40$ P-620-R TYPE II Red Waterborne Paint, Type II, with no Reflective Media SF 4.75$ 3.80$ P-620-R.II.I Red Waterborne Paint, Type II, with Type I Reflective Media SF 5.00$ 4.00$ P-620.TEMP.HALF.AP Temporary Paint/Half Application without Reflective SF 2.00$ 1.60$ P-620.TEMP.FULL.AP Temporary Paint/Full Application with Type I Reflective Media SF 2.00$ 1.60$ P-620.PRIMER.HALF.AP Primer Coat Paint Half Application without Reflective SF 1.95$ 1.56$ P-620.SPHPS.II.I Surface Painted Hold Position Signs, Waterborne, Type II Paint, Type I Refl Media SF 11.00$ 8.80$ P-620-SPHPS.PREF.THERMO.I Surface Painted Hold Position Signs, Preformed Thermoplastic, Type I Refl. Media SF 40.00$ 32.00$ P-620-HP.PREF.THERMO.I Runway Hold Position Markings, Preformed Thermoplastic, Type I Refl. Media SF 40.00$ 32.00$ P-620-HP.PREF.THERMO.III Runway Hold Position Markings, Preformed Thermoplastic, Type III Refl. Media SF 45.00$ 36.00$ P-620-GATES Gate Painting - New Marking EA 12,500.00$ 10,000. 00$ P-620-GATES Gate Painting - Re-Stripe EA 9,000.00$ 7,200. 00$ P-620-PAINT.MOB Mobilization Painting Crew/Equipment EA 4,650.00$ 3,720. 00$ P-620-PREF.THERMO.MOB Mobilization Preformed Thermoplastic Crew/Equipment EA 4,650.00$ 3,720. 00$ P-101-CRAC.MOB Crack Seal Mobilization EA 4,650.00$ 3,720. 00$ P-101-CRAC.TYPE1 Joint and Crack Repair, Small (1/8" to 1" Width)(Including Routing) LF 5.00$ 4.00$ P-101-CRAC.TYPE2 Joint and Crack Repair, Large ( 1" to 1 1/2" Width) LF 6.00$ 4.80$ P-101-CRAC.TYPE3 Joint and Crack Repair, Large (Above 1 1/2" Width) LF 40.00$ 32.00$ P-605.Mob Concrete Joint Sealing & Repair Mobilization EA 35,000.00$ 28,000. 00$ P-605.Seal Concrete Joint Sealing & Repair LF 25.00$ 20.00$ P-608.GSB.Mob GSB88 Mobilization (Can be utilized as GSB78 Mobilization for same price) EA 25,000.00$ 20,000. 00$ P-608.GSB8811 GSB88 Application 1:1 (does not include Friction Testing) SY 8.00$ 6.40$ P-608.GSB8821 GSB88 Application 2:1 (does not include Friction Testing) SY 9.00$ 7.20$ P-608R.GSB78 GSB78 Rapid Dry SY 14.00$ 11.20$
ITEM COLOR/TYPE UNIT LIST PRICE SOURCEWELL PRICE^
W.PAINT.TYPE.II.PAILS White Type II Waterborne Paint- 5 Gallon Pails GAL 26.00$ 20.80$ Y.PAINT.TYPE.II.PAILS Yellow Type II Waterborne Paint- 5 Gallon Pails GAL 26.00$ 20.80$ B.PAINT.TYPE.II.PAILS Black Type II Waterborne Paint- 5 Gallon Pails GAL 26.00$ 20.80$ R.PAINT.TYPE.II.PAILS Red Type II Waterborne Paint- 5 Gallon Pails GAL 35.00$ 28.00$ -$
W.PAINT.TYPE.II.TOTES White Type II Waterborne Paint- 250 Gallon Totes GAL 26.00$ 20.80$ Y.PAINT.TYPE.II.TOTES Yellow Type II Waterborne Paint- 250 Gallon Totes GAL 26.00$ 20.80$ B.PAINT.TYPE.II.TOTES Black Type II Waterborne Paint- 250 Gallon Totes GAL 26.00$ 20.80$ R.PAINT.TYPE.II.TOTE Red Type II Waterborne Paint- 250 Gallon Totes GAL 35.00$ 28.00$ -$
W.PAINT.TYPE.II.DRUMS White Type II Waterborne Paint - 55 Gallon Drums GAL 26.00$ 20.80$ Y.PAINT.TYPE.II.DRUMS Yellow Type II Waterborne Paint - 55 Gallon Drums GAL 26.00$ 20.80$ B.PAINT.TYPE.II.DRUMS Black Type II Waterborne Paint - 55 Gallon Drums GAL 26.00$ 20.80$ R.PAINT.TYPE.II.DRUMS Red Type II Waterborne Paint - 55 Gallon Drums GAL 35.00$ 28.00$ W.PAINT.TYPE.III.PAILS White Type III Waterborne Paint- 5 Gallon Pails GAL 29.00$ 23.20$ Y.PAINT.TYPE.III.PAILS Yellow Type III Waterborne Paint- 5 Gallon Pails GAL 29.00$ 23.20$ B.PAINT.TYPE.III.PAILS Black Type III Waterborne Paint- 5 Gallon Pails GAL 29.00$ 23.20$ R.PAINT.TYPE.III.PAILS Red Type III Waterborne Paint- 5 Gallon Pails GAL 37.00$ 29.60$ W.PAINT.TYPE.III.TOTES White Type III Waterborne Paint- 250 Gallon Totes GAL 27.00$ 21.60$ Y.PAINT.TYPE.III.TOTES Yellow Type III Waterborne Paint- 250 Gallon Totes GAL 27.00$ 21.60$ B.PAINT.TYPE.III.TOTES Black Type III Waterborne Paint- 250 Gallon Totes GAL 27.00$ 21.60$ R.PAINT.TYPE.III.TOTE Red Type III Waterborne Paint- 250 Gallon Totes GAL 34.00$ 27.20$ -$
W.PAINT.TYPE.III.DRUMS White Type III Waterborne Paint - 55 Gallon Drums GAL 27.00$ 21.60$ Y.PAINT.TYPE.III.DRUMS Yellow Type III Waterborne Paint - 55 Gallon Drums GAL 27.00$ 21.60$ B.PAINT.TYPE.III.DRUMS Black Type III Waterborne Paint - 55 Gallon Drums GAL 27.00$ 21.60$ R.PAINT.TYPE.III.DRUMS Red Type III Waterborne Paint - 55 Gallon Drums GAL 35.00$ 28.00$

AIRPORT CONSUMABLE PRODUCTS -

GLASS BEADS
ITEM TYPE UNIT LIST PRICE SOURCEWELL PRICE^
TYPE.I.BEADS TT-B-1325D, Type I Reflective Media LB 2.40$ 1.92$ TYPE.III.BEADS TT-B-1325D, Type III Reflective Media LB 7.50$ 6.00$ TYPE.IV.BEADS TT-B-1325D, Type IV Reflective Media LB 5.00$ 4.00$ ITEM DESCRIPTION UNIT LIST PRICE SOURCEWELL PRICE^
NON.STD.SHIFT Non-Standard Work Hours: Less than 8 Hour Shifts SF $ 0.50 0.40$ NON.STD.HOLIDAY Non-Standard Work Hours: Holidays SF 1.00$ 0.80$ NON.STD.NIGHTS Non-Standard Work Hours: Nights SF 0.86$ 0.69$

WORK HOURS

AIRPORT CONSUMABLE PRODUCTS - PAINT
Sourcewell (RFP#110122)
Airport Runway Materials with Related Supplies and Services PRICE LIST (Effective 11/1/2022)
All Services Provided Include Labor

PAINT REMOVAL

SURFACE PREPARATION / CLEANING

FRICTION TESTING

PAINTING

ASPHALT PRESERVATION
20% Discount
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ATTACHMENT “C”

INSURANCE REQUIREMENTS

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INSURANCE

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

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

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellati on. 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 co mmencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and 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.

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

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

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

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

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 t o” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

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

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

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

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

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

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ATTACHMENT “D”

EXECUTIVE ORDER N-6-22 CERTIFICATION

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

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

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contra ctor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

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ATTACHMENT “E”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

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

*Solicitation Clause also
Updated 10.11.2024
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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 1F - Page 20
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FAA - 02 Affirmative Action Requirement
Not applicable.

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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 fibe r 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 e nsure 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 Co ntractor, 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 pu blic accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

Reg. 74087 (2005)];
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• 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, o r 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 Autho rities, 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, eithe r 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 Reg ulations, 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 Ci ty or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

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

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the City or the Federal Aviation Administration may direct as a means of en forcing 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 i nto 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 invol ve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

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

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

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

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or Item 1F - Page 29
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cause to be withhe ld, 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 public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copelan d 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 contract s 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) includ e 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 1F - Page 31
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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 man ufactured 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 pro vision 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 lab orers 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 bene fits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classifi cation may be Item 1F - Page 32
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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 dete rmination (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, Washin gton, 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 dete rmination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as sta ted in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable Item 1F - Page 33
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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 o r costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Avia tion 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 tr ansmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at 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 Item 1F - Page 34
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of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, bu t 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 agen t 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 info rmation is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

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

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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 cont ractor 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 determ ination 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 th e 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 ut ilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention f ringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

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(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 incor porated 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 co ntract clauses in 29 CFR § 5.5.

7. Contract Termination: Debarment.

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

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

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

9. Disputes Concerning Labor Standards.

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

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

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

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

REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presentl y 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 pe rformance 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 no t 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 specifi c 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 cop y to the City, of its intent to request to terminate and/or substitute, and the reason for the request.

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.

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

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

REQUIREMENT -

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

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

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

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

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1F - Page 42
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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 per sons, 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 t he 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.

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

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

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

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

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(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 an d 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 ef forts to achieve the Plan goals and timetables.

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

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

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

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

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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 m inorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

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

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

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

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

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to a chieve 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 understandabl e and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

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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 refer enced 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 su bmitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the enteri ng into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact u pon 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 orien tation, 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 constru ction, 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 ap ply 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 entertainme nt 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 writt en 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 pur chase order that is subject to the Equal Employment Opportunity clause of this contract.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1F - Page 53
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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 recog nized 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 qu antity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

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

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

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

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

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

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

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

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

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

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

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

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

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

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

A23.3.2 Construction Contracts

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

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

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

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

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

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

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1F - Page 59
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FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

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

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

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

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

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

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

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

Reference: 49 USC § 50104, 49 CFR part 30

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FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered vetera ns [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 s mall 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 1F - Page 62
55575.18100\42906602.1

BB&K (2024)

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 1F - Page 63

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1F - Page 64

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

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

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

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

________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Hi-Lite Airfield Services LLC.

PO Box 597, Watertown, NY 13601
Texas
Christopher J. Miller
Kelly Spinner
Item 1F - Page 65

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

[percentage of beneficial interest i n entity
and name of entity]

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

Signature of Disclosing Party, Printed Name, Title

Date

11/21/2024

HLAS FRS
100%
Item 1F - Page 66

ATTACHMENT C

AIRPORT OPERATION

S AREA (AOA)
Item 1F - Page 67

Item 1F - Page 68
AOA Map
1/19123, 1:30 PM

CITY COUNCIL STAFF REPORT

DATE: APRIL 9, 2025 CONSENT CALENDAR

SUBJECT: A PPROVE CONSULTING SERVICES AGREEMENT NO. 25P065 WITH

KAPLAN KIRSCH LLP FOR LEGAL COUNSEL SERVICES FOR PALM

SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Aviation Department

SUMMARY:

This action will approve Consulting Services Agreement No. 25P065 with Kaplan Kirsch, LLP in an amount not to exceed $2,700,000 for legal counsel services for Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Consulting Services Agreement No. 25P065 (Attachment A) with Kaplan Kirsch LLP to provide legal counsel services for Palm Springs International Airport for an initial three-year term in an amount not to exceed $2,700,000 beginning April 10, 2025, through April 9, 2028, with two one-year extension options at the City’s sole discretion.

2. Appropriate $75,000 from the Airport Fund 415 to Airport account 4157020-40106.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) submitted on January 16, 2025, Kaplan Kirsch LLP is a Limited Partnership registered in the state of Colorado.

BACKGROUND:

The Airport serves as a key transportation hub for the Coachella Valley, servicing 1.6 million enplaned passengers in calendar year 2024. Historically, Best Best & Krieger LLP has provided legal services to the Airport through their contract with the City of Palm Springs. While this arrangement has provided basic legal services for the Airport , the Item 1G - Page 1
City Council Staff Report
April 9, 2025 -- Page 2
Award Legal Counsel Services for Palm Springs International Airport Contract

Airport's recent growth and complex regulatory environment now requires specialized aviation legal expertise and services.

The Airport sought out a qualified legal firm to provide specialized airport legal counsel services while working alongside the City's existing legal team. The Airport ranks 88th among the busiest airports in the U nited States (U.S.) and is the 17th busiest small hub airport. Currently hosting thirteen airlines (seven Signatory), the Airport recently executed a new Airport Use and Lease Agreement, making the rate methodology a hybrid between residual for the airfield and compensatory for everything else. Th e Airport is also completing a Master Plan which is projecting growth to 6.5 million passengers over 20 years with a $2 billion capital improvement program.

The specialized legal counsel will represent the Airport on critical matters such as Federal Aviation Administration ( FAA) grant assurances, revenue diversion, airline access, and noise issues. They'll provide guidance on Transportation Security Administration ( TSA) regulations and represent the Airport before federal agencies like U .S. Customs and Border Protection (Customs). The consultant will also handle environmental compliance including California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) requirements and air quality regulations.

The new legal team will work directly with City staff and l egal counsel, assisting with negotiations, document drafting, and will attend Airport Commission and City Council meetings as needed. This collaborative approach ensures specialized aviation expertise while maintaining a connection with existing City legal resources.

STAFF ANALYSIS:

The Aviation Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a firm for the services needed. The RFP was advertised in the local newspaper and published on the PlanetBids website. Five proposals were received by the deadline of January 16, 2025. The five proposals received are as follows:

• Eagle Law Group, P.C., North Hollywood, CA
• Ervin Cohen & Jessup LLC, Beverly Hills, CA
• Kaplan Kirsch LLP, San Francisco, CA
• Meyers Nave, Los Angeles, CA
• Richard Watson & Gershon, Los Angeles, 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, understanding of the scope of work, local preference, price, and interviews.

Item 1G - Page 2
City Council Staff Report
April 9, 2025 -- Page 3
Award Legal Counsel Services for Palm Springs International Airport Contract

The top ranked firms were then interviewed as follows:

• Ervin Cohen & Jessup LLC
• Kaplan Kirsch LLP

Upon completion of the interviews and combining the proposal, price and interview scores, Kaplan Kirsch LLP was ranked the highest by the evaluation team and is being recommended for award of the contract.

Staff evaluated several legal firms with aviation expertise before selecting Kaplan Kirsch LLP. Their team offers specialized knowledge in FAA regulations, environmental law, and airport operations at competitive rates.

Staff found several key benefits to engaging in specialized legal counsel. Expert guidance on FAA regulations will ensure compliance and protect grant funding, which is essential for the Airport’s ongoing operations. The specialized support for the $2 billion capital improvement program will significantly reduce legal risks associated with construction contracts and regulatory compliance. Additionally, representation with federal agencies like TSA and Customs will improve international service options, potentially expanding the Airport’s reach and passenger options.

In fiscal year 2023-24, the Airport spent approximately $125,000 on legal expenses. While costs for specialized legal services are higher than general counsel rates, technical expertise is essential for airport operations. The spending is justified by risk reduction and protecting the Airport's federal funding sources, which are vital to operations.

By engaging Kaplan Kirsch LLP , the Airport will have direct access to attorneys experienced in airport regulatory matters who can work proactively to address legal issues before they become problems. Kaplan Kirsch LLP will collaborate with existing City legal staff, focusing on aviation-specific matters. The cost of the contract is also justified by the risk mitigation it provides and the potential to secure more favorable terms in agreements with airlines, vendors, and federal agencies. Ultimately, this specialized legal support will enable the A irport's growth while enhancing the passenger experience through improved facilities and expanded service options.

ENVIRONMENTAL ASSESSMENT
:

Item 1G - Page 3
City Council Staff Report
April 9, 2025 -- Page 4
Award Legal Counsel Services for Palm Springs International Airport Contract

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City of Palm Springs’ 2023/25 Strategic Plan Major Themes/Principles for environmental stewardship, and it also supports the Airport’s 2025- 2029 Strategic Plan’s Strategic Priorities for operational excellence.

FISCAL IMPACT:

Approval of this action will require the appropriation of $75,000 from Airport Fund 415 to the Airport Account 4157020-40105 budget for Fiscal Year 2024-25. Legal expenses will be budgeted and capped at $900,000 for each of the subsequent fiscal years.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

Acting Procurement & Contracting Manager: Tabitha Richards Director of Finance and Treasury: Kristopher Mooney
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 25P065
B. Public Integrity Disclosure
Item 1G - Page 4

ATTACHMENT A
CONSULTING SERVICES AGREEMENT NO. 25P065
Item 1G - Page 5
CONSULTING SERVICES AGREEMENT 25P065

LEGAL COUNSEL SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on April 10, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Kaplan Kirsch LLP, a Colorado Limited Liability Partnership, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a Legal Counsel Services for Palm Springs International Airport, (“Project”).

B. Consultant has submitted to City a proposal to provide a proposal to provide legal counseling services for Palm Springs International Airport, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONSULTANT SERVICES

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

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

Item 1G - Page 6

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

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

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant 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 Consultant to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant 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 $2,7 00,000.00. In addition, the term may be extended at the sole discretion of the City upon written notice to the Consultant, for two additional one-year terms.

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

3.3 Changes. In the event any change or changes in the Scope of Services/Work 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 Consultant’s profession.

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

Item 1G - Page 7

4. PERFORMANCE SCHEDULE

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

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

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’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 Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, with two one year options to renew at the City’s sole discretion, commencing on April 10, 2025, and ending on April 9, 2028, unless extended by mutual written agreement of the Parties.

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

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

5. COORDINATION OF WORK
Item 1G - Page 8

5.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Matthew G. Adams, Partner. 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 Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Consultant 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"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant 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 provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Consultant. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the Services required, except as otherwise specified. Consultant shall perform all required Services as a n independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be 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. Consultant shall not have any authority to bind City in any manner.

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

Name: Title:

Item 1G - Page 9
Matthew G. Adams Partner
Steven L. Osit Partner
Tracy Davis Partner
Nicholas M. Clabbers Partner
Sara Dutschke Partner
Catherine van Heuven Partner
Thomas Bloomfield Partner
W. Eric Pilsk Partner
Adam Giuliano Partner
Slone Isselhard Partner
Will Mumby Partner
Sara Mogharabi Partner

5.6 California Labor Code Requirements.

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

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant 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 Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Item 1G - Page 10

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Consultant’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 Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

8.1 Reports. Consultant 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. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and 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.

Item 1G - Page 11

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

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant 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, Consultant shall provide City, or other agents of City, such access to Consultant’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 Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

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

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

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

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Consultant. 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 Item 1G - Page 12
parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive rel ief, 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 consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, 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 Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

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

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant 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”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing thi s Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: 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 Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing Item 1G - Page 13
and either served personally or sent by pre- paid, first-class mail to the address set forth below.

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

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

To Consultant: Principal Address: Kaplan Kirsch LLP
1675 Broadway, Suite 2300
Denver, CO 80202
Local Address: One Sansome Street, Suite 2910
San Francisco, CA 94101

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

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

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

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

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

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

Item 1G - Page 14

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

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

12. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE.

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

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

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

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

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: ____________ Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ____________ Item No. __________ Agreement No. 25P065

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1G - Page 16
EXHIBIT “A”

CONSULTANTS

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1G - Page 17

1.1 Background:

A. The Palm Springs International Airport (PSP) is a small hub airport that provides an unrivaled experience for travelers to the Coachella Valley. PSP ranks 88 th on the busiest airport in the United States as measured by ACI 2022 North America passenger traffic and is the 17
th busiest small hub airport. In calendar year 2023,
approximately 1.6 million passengers enplaned at PSP, with 31% of them originating their journeys from the Coachella Valley.

B. PSP hosts twelve Part 121 air carriers of which seven are Signatory. PSP recently executed a new Airport Use and Lease Agreement with these airlines. PSP is also completing a comprehensive Master Plan which has identified passenger growth to

6.5 million over 20 years and two-billion-dollar capital improvement program.

C. The Consultant will provide legal services to support PSP. These services include personnel and all necessary support, including computer hardware and software, sufficient to perform the services described herein. The Consultant shall prepare written interim and final reports, updates and summaries for each phase of work, as needed and as applicable. The Consultant shall maintain staff that have a satisfactory understanding of any applicable federal and/or state laws in the area of airport legal services to support PSP.

1.2 Scope:

A. The Consultant shall perform all required airport legal services described above, including, but not limited to, and all of the following services:

1. Represent and advise Palm Springs International Airport on legal matters pertaining to FAA rules and regulations, including but not limited to grant assurances, revenue diversion, airport development and construction as well as airline access and noise issues.

2. Advise Palm Springs International Airport on all state and federal laws regulations, Advisory Circulars, including U.S. Transportation Safety Administration rules/regulations and City Ordinances applicable to airports.

3. Represent and advise the Airport regarding issues related to the provision of services by U.S. Customs and Border Protection (USCBP).

4. Represent Palm Springs International Airport before local, state, and federal judicial and administrative bodies concerning the operation of airports.

5. Provide advisory and/or litigation services for Palm Springs International Airport on the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and other applicable environmental law and regulations regarding hazardous substances, environmental health and safety, air quality, water quality, underground storage tanks, and related environmental quality issues. Advise on regulatory matters at the regional, state and federal levels draft and review agreements with utilities and the California Energy Commission.

6. Provide advisory and/or litigation services to PSP in connection with Air Quality Management District (AQMD) regulatory compliance and related issues.

Item 1G - Page 18

7. Prepare written interim and final reports, updates, and summaries for each phase of work as requested by the assigned City of Palm Springs Legal Counsel.

8. Perform all normal customary duties required of special Counsel.

9. Advise City staff and City of Palm Springs Legal Counsel as to procure, legality of documents, policy concerns, and legal implications.

10. Advise City staff and City of Palm Springs Legal Counsel regarding the requirements of current and emerging state and federal regulations affecting the Airport.

11. Assist City staff and City of Palm Springs Legal Counsel in negotiation, drafting and implementation of contracts, correspondence, and related documents arising out of or related to the operation of Palm Springs International Airport.

12. Attend meetings of the airport Commission, City Council, and relevant staff meetings.

13. Provide representation in meetings, hearings, arbitration, mediation, and any related litigation.

14. Provide necessary representation by staff qualified to perform the legal tasks at the least costly billing category as is acceptable to City of Palm Springs Legal Counsel.

15. Advise Airport Staff, City Staff, City Council, Airport Contractors and Consultants, and other entities representing the Airport owner in the structuring, development, constructing, financing, procuring, dispute resolution, legislation, and tax implications related to Public -Private Partnerships (P3).

16. Advise and represent Airport owner including Airport Staff, City Staff and City Council on issues related to Per- and Poly - Alkyl Substances (PFAS) at Airports and provide subject matter expertise on legislation, litigation, strategies, and Airport compliance.

17. Represent Airport owner and litigate in federal and state courts and before administrative agencies, including disputes with tenants and airport users, challenges to Federal Aviation Administration (FAA) orders and regulations, claims for inverse condemnation, proceedings in bankruptcy, challenges to environmental review and disputes before the FAA.

1.3 Schedule:

Work will commence upon issuance of notice to proceed on an as needed basis through the end of the contract term.

1.4 Compensation:

Work will be compensated on an hourly rate basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant 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 Item 1G - Page 19
amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1G - Page 20

Item 1G - Page 21
ATTACHMENT "G"
COST PROPOSAL - R EVISED PER ADDENDUM NO. 1
REQUEST FOR PROPOSAL (RFP 10-24)

LEGAL COUNSEL SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1 , Technicaltwork Proposal•) ITEM DESCRIPTION Unit of Rate
Measure
1 Senior Partners Hourly $695
2 Partners Hourly $600
3 Counsel Hourly $550
4 Senior Associates Hourly $500
5 Associates Hourly $400
Note: The Not-To-Exceed contract amount will be $900,000.00 annually Firm Name: Kaplan Kirsch LLP
Signature of Authorized Person: ______________ _
Printed Name: Matthew Adams
Title: Partner
Date: January 16, 2025
EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

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

INSURANCE

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

Consultant 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.

Consultant 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 Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

A. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
C. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____X____ is not required;
D. 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 Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Consultant’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 Consultant’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.

Item 1G - Page 23

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

6. Verification of Coverage. Consultant 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 Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

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

Item 1G - Page 24
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

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

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or Services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant 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. Consultant guarantees payment of all deductibles and self -insured retentions.

Item 1G - Page 25
Exhibit “C”

Item 1G - Page 26
,ATTAC ENT "F"'
EXECUTiiVE 10RD R N -22 C RTI 'CATION
REQUESts : FOR PROPOSALS (,RFP 10-24)
l.EOAl COU rSEL SERVl'CES, FOR TiME fi!'Al.!11 SPRINGS :INTERN -TIO. - A ~ORT I alur :. _____________ _
Pri ted m tthew G. Ad ms
ltle: Partn

Exhibit “D”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

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

*Solicitation Clause also
Updated 2.8.2023
Item 1G - Page 27
FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1G - Page 28
FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

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

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

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

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

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

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

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

REQUIREMENTS -

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

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

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

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially Item 1G - Page 29
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

Item 1G - Page 30
FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 1G - Page 31
FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.

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

Reference: Title 49 USC § 50101
Item 1G - Page 32
FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.

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

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

Reference: 49 USC § 47123
Item 1G - Page 33
FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100- 259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination Item 1G - Page 34
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

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

Compliance with Nondiscrimination Requirements:

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

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

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

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

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

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

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

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

Reference: 49 USC § 47123, FAA Order 1400.11
Item 1G - Page 36
FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.

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

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

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

Item 1G - Page 37
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.

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.

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

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.

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.

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

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1G - Page 40
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 1G - Page 41
for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:

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

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(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

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

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to Item 1G - Page 43
include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

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

Item 1G - Page 44
Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Item 1G - Page 45
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.

7. Contract Termination: Debarment.

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.

10. Certification of Eligibility.

Item 1G - Page 46
(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 §

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

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.

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.

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

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required Item 1G - Page 49
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 grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

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

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

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1G - Page 52
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.

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.

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

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 1G - Page 54
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:

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;
Item 1G - Page 55
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).

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 1G - Page 56
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. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and Item 1G - Page 57
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. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all Item 1G - Page 58
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.

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

Item 1G - Page 59

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.

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

Item 1G - Page 60
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.

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

Reference : 29 USC § 201, et seq; 2 CFR § 200.430
Item 1G - Page 61
FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

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

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

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
Item 1G - Page 62
FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

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

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

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

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

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

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

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1G - Page 63
FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.

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

Reference: 29 CFR part 1910
Item 1G - Page 64
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.

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

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 1G - Page 65
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 1G - Page 66
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

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 1G - Page 67
FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

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 1G - Page 68
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 1G - Page 69
FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

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.

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against Item 1G - Page 70
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 1G - Page 71
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 1G - Page 72
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

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

Item 1G - Page 73

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1G - Page 74

Item 1G - Page 75

1. 2.

3. 4.

5. Name or Enllly
PUBLIC INTEGRJlTY DISCLOSURE

APPLICANT DISCLOSURE FORM
Kaplan Kirsch LLP
Address of Entity (Principal Place of Business)
16758roadway. Su.I() 2300 . Denver. CO 80202
Local or Callromia Address (if dlfferenl 1han #2)
One SartSOm8 Stre-at, Suite 2910. San Francisco, CA 94 104 Stalo wh<lfe Entity Is Registered with Secretary of State CoJorado
If other than California, Is the Entity also reglsternd In Calffornla? ![I Yes D No Type of Entity
D Colporatlon D llmlled llablllty Company @Partnership D Trust D Olher (please soecl!y)

6. 7.

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 o-ther fiduciaries for the member, manager, trus~ or other entity
Roben Randall D Officer D Director D Member 0
Manager
(oame) 0 General Parlner O Limited Partne.r
Kl Other Man ...... ltlo Partner
D Officer D Director D Member D Manager
(name] D General Partner O Limited Partner
other
D Officer D Oirectof D Member O Manager
[name] D General Pan.nor D Limited Partner
Other
owners/Investors 11.1th a 5% beneficial interest in tho Applicant Entity or 3 related entity Kaplan Kirsch LLP
Attorney$ at U•w
One San.some Stroe1
Sultc2910
SM Fr3:n¢i$GO, CA 94104
tel: 4 15.907 ,8,704
)Cnpl:ittklr$ch,c;om

Item 1G - Page 76

EXAMPLE

JANE DOE
rnarne of owoernnveSIOr)
A.

Pet&rKl!'SCh
(name of owner/investor)
B.

Adam Giufiano
[name of owner/investor)
C.

Pony Jessen
[name of ownernnveslorJ
0 .

Stephen Kaplan
(name of ownerfinvest°'J
E.

CM-rtes Spitulmk.
[name of ownarllnvestor)
F.

Ca,herlne van Heuven
[name of owner/investOf]
Kaplan Kirsch LLP
Attorney$ at U•w
50%, ABC COMPANY, Inc.
[percentage or beneficial interest In entity
and name or entity)
9%
(percentage of beneficial interest in entity
and name or entity]
8%
(percentage of benoficial interest in entity
and name of entity}
8%
[peroentageof beneflolal Interest In entity
and name or entity)
8%
(percentage of beneficial interest in entity
and name of en1ityJ
8%
[pereentage or beneficial Interest In
enllty and name of enllty)

7.5%
[percentage of beneficial interest in
entity and name of entity)
One San.some Stroe1
Sultc2910
SM Fr3:nci$GO, CA 94104
tel: 4 15.907 ,8,704
)Cnpl:ittklr$ch,c;om

Item 1G - Page 77

EXAMPLE
JANE DOE 50o/,, ABC COMPANY , Inc.
rnarne of owner/investor) (percenlage of beneflcial Interest In enlily and name or enllty)
G.

Eric Smith 7%
(name of owner/investor) (percentage of beneficial interest in entity and name or enlity]
H.
w. ErlcPilSk 7%
[name of owner/investor} (percentage of beneficial interest in entity and name of entity)
I.

Tho.mas 8loomfleld 5%
[name of ownerRnvestor] [percentage of beneficial lnleresl In entity and name of entily)

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

Signa1ure o f Olscloslng Party, Printed Name, Tdfe Date AJ~ c- A~ January 16. 2025
Mauhow G. Adams, Partn&r
Kaplan Kirsch LLP
Attorney$ at U•w
One San.some Stroe1
Sultc2910
SM Fr3:n¢i$GO, CA 94104
tel: 4 15.907 ,8,704
)Cnpl:ittklr$ch,c;om

CITY COUNCIL STAFF REPORT

DATE: APRIL 9, 2025 CONSENT CALENDAR

SUBJECT: APPROVE TRANSPORTATION NETWORK COMPANY (TNC)

OPERATING PERMIT AGREEMENT AND TNC RATE INCREASE FOR

THE PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve the Transportation Network Company (TNC) Operating Permit Agreement (Agreement) and rate increase from $3.00 to $4.00 for each drop-off and pick- up for all TNCs operating at the Palm Springs International Airport (Airport) effective May 1, 2025, and shall continue on a 30- day, month- to-month basis, until revoked or cancelled, for a term not to exceed two-years from date of issue.

RECOMMENDATION:

1. Approve the Transportation Network Company (TNC) Operating Permit Agreement (Attachment A) and rate increase from $3.00 to $4.00 for each drop- off and pick -up for all TNCs operat ing at the Palm Springs International Airport (Airport) for the term effective May 1, 2025 and not to exceed two years from date of issue.

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

BACKGROUND:

The City of Palm Springs authorized Transportation Network Companies (TNC) to operate at the Airport through the adoption of Ordinance No. 1906 on November 16, 2016.

As a follow-up to this original ordinance, on January 24, 2018, the City of Palm Springs introduced Ordinance No. 1950, amending various sections of the Palm Springs Municipal Code Chapter 16.37 which modified and clarified the City’s permitting and regulatory authority with respect to each TNC seeking to operate at the Airport. On April 25, 2024, the City Council adopted Ordinance No. 2096 amending section 16.37.005 related to the signage regarding regulatory measures applicable to TNCs.

Item 1H - Page 1
City Council Staff Report
April 9, 2025 -- Page 2
Transportation Network Company Agreement and Rate Increase

Lyft
The City Council approved TNC Operating Permit Agreement A7254 between the City and Lyft, Inc. This Agreement became effective on April 15, 2020, on a month- to-month basis, not to exceed one (1) year from date of issue (April 30, 2021). On May 4, 2021, an amendment of the Agreement to extend the term to April 30, 2022, was executed. On May 4, 2022, an amendment of the Agreement to extend the term to April 30, 2023, was executed. On May 9, 2023, an amendment of the Agreement to extend the term to April 30, 2025, was executed. Lyft, Inc. (PSG0032513) is approved as a TNC by the California Public Utilities Commission under TNC Permit 00049118 and TCP A Certificate 00052721.

Uber
The City Council approved TNC Operating Permit Agreement A8513 between the City and Uber Technologies, Inc. This Agreement became effective on April 15, 2020, on a month-to-month basis, not to exceed one (1) year from date of issue (April 30, 2021). On May 25, 2021, an amendment of the Agreement to extend the term to April 30, 2022, was executed. On May 12, 2022, an amendment of the Agreement to extend the term to April 30, 2023, was executed. On May 9, 2023, an amendment of the Agreement to extend the term to April 30, 2025, was executed. Uber Technologies, Inc. (PSG0038150) is approved as a TNC by the California Public Utilities Commission under TNC Permit 00056708 and TCP A Certificate 00054347.

All taxicab companies are permitted through the Sunline Transit Agency. Taxicabs originally operated under the Airport Ground Access fee structure. Prior to October 6, 2006, the fee for a taxicab to access the Airport was $1.00. After October 6, 2006, this access fee was raised to $2.50. Subsequently, the per trip fee was raised to $3.25 for standard pick-up or pre-arranged trips to and from the Airport.

Under the current TNC Agreement, as amended, each pick -up and drop-off is assessed a fee of $3.00 per trip. Total fees collected for Fiscal Years 2022, 2023, 2024 and estimated Fiscal Year (FY) 2025 are reflected in Table 1.

Table 1
TAXICAB FEES FY2022 FY2023 FY2024 EST. FY2025
CITY CAB $54,625 $37,173 $81,904 $90,000
COACHELLA VALLEY TAXI LLC $66,045 $44,773 $98,226 $100,000 PALM SPRINGS TAXI (Started July 2024) $15,000
YELLOW CAB OF THE DESERT $66,853 $44,605 $68,834 $50,000 SUB-TOTAL $187,523 $126,551 $248,964 $255,000
TNC FEES FY2022 FY2023 FY2024 EST. FY2025
LYFT $274,530 $428,562 $367,149 $350,000
UBER $611,271 $714,009 $861,741 $900,000
SUB-TOTAL $885,801 $1,142,571 $1,228,890 $1,250,000
TOTAL FEES $1,073,324 $1,269,122 $1,477,854 $1,505,000
Item 1H - Page 2
City Council Staff Report
April 9, 2025 -- Page 3
Transportation Network Company Agreement and Rate Increase

NOTE: The annual company fee is $300 for each commercial vehicle operator. These annual company fees are not included in Table 1.

Lyft, Inc. and Uber Technologies, Inc. have both agreed to the rate increase as proposed as well as the Operating Permit Agreement which has been reviewed by the City Attorney.

On February 19, 2025, the Airport Commission voted ( 16 – Yes and 0 – No) in favor to recommend to City Council the approval to increase the TNC pick -up and drop- off fee from $3.00 to $4.00.

STAFF ANALYSIS:

For the first seven months of FY2025, the total public parking fees collected have trended lower than the same period in FY2024. If the trend continues for the remainder of FY 2025, we will see an estimated 4.6% decline in total public parking fees collected for FY2025 as reflected in Table 2.

Table 2
PUBLIC PARKING FEES FY2022 FY2023 FY2024 EST. FY2025
PUBLIC PARKING FEES $5,412,395 $6,258,293 $6,449,612 $6,152,615

TOTAL PUBLIC PARKING
FEES $5,412,395 $6,258,293 $6,449,612 $6,152,615
NOTE: The estimated fees collected for FY2025 are based upon the first seven months of the fiscal year and compared to total fees collected in FY2024.

To better understand the changing dynamics of ground transportation to and from the Airport, passenger activity and modes of transportation data in Table 3 for Calendar Years (CY) 2021, 2022, 2023 and 2024 were analyzed.

Table 3

MODE OF TRANSPORTATION CY2021 CY2022 CY2023 CY2024
TNC (PICK-UP / DROP-OFF) 185,014 340,353 394,626 419,310 CAR RENTALS 174,960 227,405 258,670 262,484 TAX I (RIDES) 57,715 67,483 58,474 72,916 COMMERICAL CHARTER 4,792 5,921 6,397 7,241 BUS 39 111 233 208 PEER-TO-PEER (TURO) 11,411
TOTAL ACTIVITY 422,520 641,273 718,400 773,570 ENPLANED PASSENGERS 1,047,643 1,500,618 1,624,012 1,606,281 DEPLANED PASSENGER 1,045,300 1,481,226 1,613,313 1,607,682 TOTAL PASSENGERS 2,092,943 2,981,844 3,237,325 3,213,963 Started December 2023
Item 1H - Page 3
City Council Staff Report
April 9, 2025 -- Page 4
Transportation Network Company Agreement and Rate Increase

In reviewing the data collected, one trend has emerged. As passenger activity increases, the number of passengers using a mode of transportation increases at a higher rate. The mode that has experienced the greatest increase in activity is TNC, which is correlated by the increase in collected fees. Taxi activity has also grown with the start -up of Palm Springs Taxi in July 2024.

In the drafting of a new TNC Agreement, the Airport is proposing an increase in the pick- up and drop-off fee from the current $3.00 to $4.00 effective May 1, 2025. This increase is based upon analysis of airports of similar sizes and within the same geographic region of the country shown in Table 4.

Table 4
Airport Drop-off Pick-up Additional Considerations
Boise $3.50 $3.50
Burbank $3.50 $3.50
Fresno $3.00 $3.00
Juneau $1.50 $1.50
Los Angeles Int'l $4.00 $4.00
Long Beach $3.00 $3.00
Oakland See Comments See Comments $3.70 gas vehicle / $3.35 alternative fuel Ontario $4.00 $4.00
Palm Springs $3.00 $4.00 $3.00 $4.00 Proposed Increase eff 5/1/2025 Reno $2.00 $3.00
Sacramento See Comments See Comments $2.50 < 6 pax / $3.00 > 6 pax San Diego $4.25 $4.25
San Francisco Int'l See Comments See Comments $5.00 at terminal / $3.60 ride share pick-up San Jose $3.75 $3.75
Santa Rosa See Comments See Comments $2.00 1-8 pax / $2.50 9-15 pax / $3.00 >15

While Lyft and Uber have operated under the current TNC Agreement at the Airport, the TNC operation has integrated well into the Airport’s ground transportation logistics with a few instances where new drivers were unsure of the procedures for accessing the commercial lane as designated by City Council for pick -up or drop- off. Further reinforcement by the TNC operators through their mobile applications has helped reduce these instances of unauthorized pick-ups or drop-offs.

The new TNC Agreement will include data sharing language requiring TNC operators to share data with the Airport regarding the TNC’s operations at the Airport. Using the Airport’s Automated Vehicle Identification (AVI) system, the Airport will be able to monitor and audit the TNC’s operations on Airport property to ensure compliance with all City rules and regulations.

Given the growth of TNC activity at the Airport, Local Driver Tech Inc. DBA Fare Co- op Item 1H - Page 4
City Council Staff Report
April 9, 2025 -- Page 5
Transportation Network Company Agreement and Rate Increase

(PSG0044843, TNC Permit 000 55579) has requested a TNC Operating Permit Agreement for the Airport to begin operations as soon as possible.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

The Approval of this action supports City Council priority 1D, Economic Development as well as the Airport’s Strategic Plan Priority 2 – Goal 2, Deliver an Unforgettable Guest Experience.

FISCAL IMPACT:

All commercial ground transportation providers at the Airport, including Taxicabs, Commercial Transportation, and TNCs, are required to pay fees to operate. The Airport Fee Schedule as of March 1, 202 5, as published on the Airport website, accurately reflects the fees being collected.

With the proposed increase in the TNC pick -up and drop-off fee, the estimated increase in revenue for Airport Operations and Maintenance Fund 415.38145 – Ground Transportation Fees – will be approximately $60,000 for the remainder for FY25. As for the Airport operating budget impact on FY26, the estimated increase will be approximately $400,000 based upon current estimated activity by the TNC operators.

With the addition of Fare Co-op as a TNC operator, we could see an increase above what is estimated. This increase in annual budget will enable the Airport to invest in airport operations, customer experience, and capital improvements.

REVIEWED BY:

Department Director: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. TNC Operating Permit Agreement
Item 1H - Page 5

ATTACHMENT A

PERMIT AGREEMENT
Item 1H - Page 6
TNC Operating Permit Agreement

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Palm Springs City CouncilApril 9, 2025

Palm Springs City Council
April 9, 2025