Palm Springs City Council
March 11, 2026

(BB&K 2024)

AMENDMENT NO. 04 TO THE TO THE SYSTEMWIDE FLOORING AND
INSTALLATION SERVICES A9145
BETWEEN THE CITY PALM SPRINGS AND MOHAWK COMMERCIAL, INC.

1. Parties and Date.

This Amendment No. 04 to the Systemwide flooring and installation services (A9145) is made and entered into as of this 12 day of March, 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Mohawk Commercial, Inc., a Delaware corporation. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. On June 15, 2022, the City Manager approved A9145, made and entered into reference to the competitively solicited OMNIA Partners Contract No. 2020002149 with Contractor (“Cooperative Agreement”).

2.2 First Amendment. City and Contractor entered into Amendment No. 01 to the Agreement, dated December 8, 2022 , for the purpose of extending the term to continue through June 14, 2025, and amend funds by adding $225,000.00, for a total contract balance not to exceed $300,000.00.

2.3 Second Amendment. City and Contractor entered into Amendment No. 02 to the Agreement, dated March 18, 2024, for the purpose of increasing funding by adding $160,000.00 for a total contract balance not to exceed $460,000.00.

2.4 Third Amendment. City and Contractor entered into Amendment No. 03 to the Agreement, dated June 9, 2025, to continue services by extending one year and adding $80,000.00 for a total not to exceed amount $540,000.00.

2.5 Amendment Purpose. City and Contractor now desire to amend the Agreement to exercise the final one -year extension term to continue through June 14, 2027, and adding an additional compensation of $445,000.00 for a new total not to exceed $995,000.00.

2.6 Amendment Authority. This Amendment No. 04 is authorized pursuant to Section

3.3 Changes of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1 Compensation and Payment of the Agreement is hereby amended in its entirety to read as follows:

“3.1 Compensation and Payment . Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed $995,000.00.”

3.2 Amendment. Section 4.4 Term of the Agreement is hereby amended in its entirety to

M – Page 387 of 925

55575.18100\42913029.1

(BB&K 2024)

read as follows:

“4.4 Terms. Unless earlier terminated in accordance with Section 4.5 of this Agreement, the Agreement shall continue in full force and effect, commencing on June 15, 2022, through June 14, 2027.”

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 04, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 04. From and after the date of this Amendment No. 04, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 04.

3.4 Adequate Consideration . The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 04.

3.5 Severability. If any portion of this Amendment No. 04 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 04 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

M – Page 388 of 925

55575.18100\42913029.1

(BB&K 2024)

SIGNATURE PAGE FOR AMENDMENT NO. 04 TO THE SYSTEMWIDE FLOORING AND INSTALLATIONS SERVICES (A9145)
BETWEEN THE CITY PALM SPRINGS AND MOHAWK COMMERCIAL, INC.

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

CONTRACTOR:

By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

M – Page 389 of 925

ATTACHMENT B
Public Integrity Disclosure – Mohawk Commercial, Inc.

M – Page 390 of 925

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

(Revised 09 13 18)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?

Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials . Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?

The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of int erest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person , with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applic ant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:

(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

When Must I File?

You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

Docusign Envelope ID: 0B435315-9D90-4A60-B299-ED6CEE923E38

M – Page 391 of 925

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

(Revised 09 13 18)

What Must I Disclose?

A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

PENALTIES

Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

Docusign Envelope ID: 0B435315-9D90-4A60-B299-ED6CEE923E38

M – Page 392 of 925

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Mohawk Commercial, Inc.
160 S. Industrial Blvd. Calhoun, GA 30701
Georgia
Paul De Cock
Rodney David Patton
Donald J. Maher
Docusign Envelope ID: 0B435315-9D90-4A60-B299-ED6CEE923E38

M – Page 393 of 925

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

Aladdin Partners, LP
JP Morgan Chase & Co.

BlackRock, Inc.

The Vanguard Group
Jeffrey S. Lorberbaum

16.1%

13.1%

10.0%

5.3%

5.1%
Docusign Envelope ID: 0B435315-9D90-4A60-B299-ED6CEE923E38 VP Finance and PricingAlex Munhoz 2/16/2026

M – Page 394 of 925

ATTACHMENT C
Agreement A9145

M – Page 395 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 1 of 17

CONTRACT SERVICES AGREEMENT A9145

SYSTEMWIDE FLOORING AND INSTALLATION SERVICES
OMNIA PARTNERS CONTRACT 2020002149

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on June 15, 2022, by and between the City of Palm Springs, a Cal ifornia charter city and municipal corporation (“City”), and Mohawk Commercial, Inc. , a Delaware corporation (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified flooring contractor , for the purchase and installation of flooring, (“Project”).

B. Contractor is under a cooperative contract through Omnia Partners Contract 2020002149 to provide systemwide flooring to public entities including the City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 396 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 2 of 17

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

1.4 Familiarity with Work . By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be perform ed 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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or neglige nce of the non - performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimb ursed 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 $75,000.

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

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

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

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

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 397 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 3 of 17

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 rates set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that m aterially affects the Contra ctor’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,” i ncludes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be fin al and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect, comm encing on June 15, 2022, and ending on the expiration of Omnia Partners Contract 2020002149.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. W here termination is due to the fault of Contractor and constitut es 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 t ermination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination o f Work. If the te rmination 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, w ho shall be liable for the full cost of the City's corrective action.

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

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 398 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 4 of 17

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following princ ipal of Contractor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Noelle Minite (name), Account Executive (title). 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 Agree ment for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement.

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

5.3 Prohibition Again st Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. In addition, neither thi s Agreement nor a ny interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City , except to an affiliate of Contractor . Subcontracts, if any, shall contain a provision making them subject to all pr ovisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, C ontractor shall be responsible to City for the acts and omiss ions of its subco ntractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

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

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of th e following personnel without providing written notice to the Contract Officer. Acting through the City Manager, the DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 399 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 5 of 17

City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Noelle Minite Account Executive

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 17 70 et seq., which require the payment of prevailing wage rate s 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 W age Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandato ry upon the Contractor and all subcon tractors 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 pu rsuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all su bcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and requ ire the same of any subcon tractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all third party 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 DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 400 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 6 of 17

limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinanc e or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be c onstrued to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Part ies for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, c osts, expense s, and expenditures pertainin g in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agr eement and enable the Contract Officer to evaluate the perfor mance 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 on not more than an annual basis, and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property o f Contractor. City shall have an unrestricted right to use t he concepts embodied in such documents.

8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly with out the prior written approval of the Contract Officer.

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 401 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 7 of 17

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Contractor shall pr ovide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement on no more than an annual basis. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of t his 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 interpre ted 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 Co urt of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement sh all be construed as a whole according to its fair language an d common mean ing 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 convenienc e and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

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

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

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

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

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 402 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 8 of 17

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results i n 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 lim ited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discrim inate against any employee or applicant for employment becaus e of actual o r perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicit y), sexual orientation, gender identity, gender expression, p hysical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent t o City’s lawf ul capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising f rom or related to any prohibited basis in any Contractor 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 Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non - discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first -class mai l or overnigh t delivery service 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.

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 403 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 9 of 17

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

To Contractor: Mohawk Commercial, Inc.
160 S. Industrial Blvd.

Calhoun, GA 30701
Attn: General Counsel
With a copy to: Contract and Compliance
Attention: Noelle Minite

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangem ents, 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 modific ations of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable la w. In the event that any one or more of the phrases, sentenc es, clauses, pa ragraphs, 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 un enforceability 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 upo n 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 Par ty acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

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

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

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 404 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 10 of 17

[SIGNATURES ON NEXT PAGE]
DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 405 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 11 of 17

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MOHAWK COMMERCIAL, INC.

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
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

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C 6/16/2022
6/16/2022
6/16/2022

M – Page 406 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 12 of 17

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 407 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 13 of 17

The scope of the services will be as outlined in the Omnia Partners Contract 2020002149.

Services include systemwide flooring and installation services. Prices are a not-to-exceed as outlined on the following pages for the current year.

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 408 of 925

Contract: Omnia Partners
Freight Terms: FOB Destination
Prepaid & Add
Contract Expiration: 4/14/2025
Product Platform Style Name Style # Backing Size UOM Collection Fiber Brand Dye Method UC Approved Materials of Concern PROP 65 EPD List Price 2022 Price Broadloom A Different Angle KC234 Woven (W) 12' Wide SY Modern Dobby Duracolor® Tricor Premium Nylon Solution Dyed Yes NONE NO YES 79.76$ 76.11$ Broadloom Accompany / QS BC534 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Agnomen / QS BC552 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Alexian / QS BC540 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Allegorist BC512 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Alnwick Castle SLC50 Weldlok 12' Wide SY Residence Everstrand® SD Solution Dyed Yes Alumina Trihydrate (FR) NO NO 10.78$ 10.28$ Broadloom Amend Art / QS BC531 Weldlok 12' Wide SY Social Orde r Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 27.76$ 24.79$ Broadloom Ancillary / QS BC532 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Anecdotist BC514 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Antipole / QS BC545 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Applied Art KC217 Woven (W) 12' Wide SY Industrial Design Duracolor® Tricor Premium Nylon Solution Dyed Yes NONE NO YES 55.62$ 53.08$ Broadloom Applied Science KC218 Woven (W) 12' Wide SY Industrial Design Colorstrand Solution Dyed Yes NONE NO YES 62.97$ 60.09$ Broadloom Artist II / QS BC380 Weldlok 12' Wide SY Pure Genius II Colorstrand Solution Dyed/Yarn Dyed Alumina Trihydrate (FR) NO YES 16.99$ 16.21$ Broadloom Auteur BC513 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Balance Refresh / QS BC549 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Balanced Weave KC275 Woven (W) 12' Wide SY Sunweave Duracolor® Tricor Premium Nylon Solution Dyed Yes NONE NO YES 66.12$ 63.10$ Broadloom Base Camp / QS BC332 Weldlok 12' Wide SY Explorations Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 16.47$ 15.72$ Broadloom Broken Checks / QS BC403 Unibond Plus 12' Wide SY Intertwined Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 30.04$ 29.33$ Broadloom Celestial Being / QS BC541 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom CEO II / QS BC382 Weldlok 12' Wide SY Pure Genius II Colorstrand Solution Dyed/Yarn Dyed Alumina Trihydrate (FR) NO YES 16.05$ 15.31$ Broadloom Clearly Classic KC221 Woven (W) 12' Wide SY Simply Tailored Colorstrand Solution Dyed Yes NONE NO YES 70.31$ 67.10$ Broadloom Color Study 30 / QS BC574 Weldlok 12' Wide SY Color Study Colorstrand Piece Dyed Alumina Trihydrate (FR) NO YES 21.40$ 20.43$ Broadloom Color Study 36 BC575 Weldlok 12' Wide SY Color Study Colorstrand Piece Dyed Alumina Trihydrate (FR) NO YES 26.76$ 25.54$ Broadloom Color Study 42 BC576 Weldlok 12' Wide SY Color Study Colorstrand Piece Dyed Alumina Trihydrate (FR) NO YES 34.68$ 33.09$ Broadloom Comeback / QS BC546 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Connetic / QS/ Max Service BC426 Unibond Plus 12' Wide SY Connetic Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 16.18$ 15.43$ Broadloom Consul / QS BC539 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Contra / QS BC555 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Convenio BC506 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Conveyor / QS BC538 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Countless Variations BC570 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Country Mile / QS BC550 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Crestmont Ave SLC39 Weldlok 12' Wide SY 100% Mohawk EverStrand BCF P.E.T. Piece Dyed Alumina Trihydrate (FR) NO NO 23.33$ 20.19$ Broadloom Croft Manor SLC51 Weldlok 12' Wide SY Residence Everstrand® SD Solution Dyed Yes Alumina Trihydrate (FR) NO NO 17.08$ 16.31$ Broadloom Cross Knit / QS BC375 Unibond Plus 12' Wide SY Fiber Art Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 18.52$ 17.67$ Broadloom Denouement BC564 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Doctor II / QS / Max Service BC381 Weldlok 12' Wide SY Pure Genius II Colorstrand Solution Dyed/Yarn Dyed Alumina Trihydrate (FR) NO YES 14.92$ 14.24$ Broadloom Drifting Current BC578 Weldlok 12' Wide SY Urban Shores Colorstrand Solution Dyed Yes Alumina Trihydrate (FR) NO YES 46.78$ 44.64$ Broadloom Driven / QS / Max Service BC427 Unibond Plus 12' Wide SY Mass Influence Colorstrand Solution Dyed/Yarn Dyed Alumina Trihydrate (FR) NO YES 16.18$ 15.43$ Broadloom Elocutionist BC509 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Empyrean / QS BC544 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom End Result / QS BC288 Weldlok 12' Wide SY Of The Moment Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 13.78$ 13.15$ Broadloom Essential Elements / QS / Max Service BC441 Weldlok 12' Wide SY Remastered Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 14.92$ 14.24$ Broadloom Existence KC229 Unibond Plus 12' Wide SY Telling Spaces Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 38.76$ 36.99$ Broadloom Faculty Remix GL154 Unibond Plus 12' Wide SY Faculty Remix Duracolor Solution Dyed/Yarn Dyed Alumina Trihydrate (FR) NO YES 35.08$ 32.16$ Broadloom Fiction Film BC565 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Floating Forms BC579 Weldlok 12' Wide SY Urban Shores Colorstrand Solution Dyed Yes Alumina Trihydrate (FR) NO YES 46.78$ 44.64$ Broadloom Flow of Life BC567 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Fragmented Narrative BC566 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Gathered Style / QS BC404 Unibond Plus 12' Wide SY Intertwined Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 30.04$ 29.33$ Broadloom Get Started / QS / Max Service BC406 Weldlok 12' Wide SY Get Started PET Solution Dyed UC Approved Alumina Trihydrate (FR) NO NO 12.04$ 11.33$ Broadloom Global Attraction KC222 Woven (W) 12' Wide SY Colorstrand Solution Dyed / Yarn Dyed NONE NO YES 75.56$ 72.11$ Broadloom Good Will B
C528 Weldlok 12' Wide SY Social Orde r Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 27.76$ 24.79$ Broadloom Goonj Revival / QS 4 week MH361 Weldlok 12' Wide SY Definity (rolls/cuts/rugs) Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 88.18$ 71.92$ Broadloom Graphic Touch / QS / Max Service BC452 Weldlok 12' Wide SY High Concepts PET Solution Dyed UC Approved Alumina Trihydrate (FR) NO NO 12.04$ 11.49$ Broadloom Heterdigetic B
C561 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Hue-Ology BC573 Weldlok 12' Wide SY Hueology Colorstrand Piece Dyed Alumina Trihydrate (FR) NO YES 27.34$ 26.09$ Broadloom Humble KC227 Unibond Plus 12' Wide SY Telling Spaces Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 41.92$ 40.00$ Broadloom Innate Spirit (Temp Stock Definity) BC581 Weldlok 12' Wide SY Celebrating Heritage Colorstrand Solution Dyed Yes Alumina Trihydrate (FR) NO YES 88.18$ 84.15$ Broadloom Interplay / QS GL415 Unibond Plus 12' Wide SY Learn & Live Duracolor Tricor Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 27.34$ 22.70$ Broadloom Interplay Stripe / QS GL416 Unibond Plus 12' Wide SY Learn & Live Duracolor Tricor Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 27.34$ 22.70$ Broadloom Ivy Hall SLC46 Weldlok 12' Wide SY 100% Mohawk EverStrand BCF P.E.T. Predyed Alumina Trihydrate (FR) NO NO 10.49$ 9.17$ Broadloom Jocund / QS BC529 Weldlok 12' Wide SY Social Orde r Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 27.76$ 24.79$ Broadloom Lakir Revival / QS 4 week MH362 Weldlok 12' Wide SY Definity (rolls/cuts/rugs) Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 88.18$ 71.92$ Broadloom Laurel Path SLC34 Weldlok 12' Wide SY Colorstrand® SD Nylon Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 26.96$ 24.79$ Broadloom Linear Fiction BC571 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Listener BC511 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Living Quarters SLC26 Weldlok 12' Wide SY 75% SmartStrand® Ultra™ BCF Triexta / 25% BCF P.E.T. Piece Dyed Alumina Trihydrate (FR) NO YES 16.15$ 15.60$ Broadloom Lyrical Documentary BC559 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Matte Finish GL421 Unibond Plus 12' Wide SY Texural Effects Duracolor Tricor Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 31.63$ 29.22$ Broadloom Mill Avenue SLC41 Weldlok 12' Wide SY 100% SmartStrand® Ultra™ BCF Triexta Piece Dyed Alumina Trihydrate (FR) NO YES 14.46$ 12.42$ Broadloom Mindful - 20 (15 ft) BC411 Weldlok 12' Wide SY Mindful PET Solution Dyed UC Approved Alumina Trihydrate (FR) NO NO 10.78$ 9.17$ Broadloom Mindful - 20 / QS BC395 Weldlok 12' Wide SY Mindful PET Solution Dyed Yes Alumina Trihydrate (FR) NO NO 8.98$ 8.57$ Broadloom Mindful - 26 (15 ft) BC412 Weldlok 12' Wide SY Mindful PET Solution Dyed UC Approved Alumina Trihydrate (FR) NO NO 13.12$ 11.00$ Broadloom Mindful - 26 / QS / Max Service BC396 Weldlok 12' Wide SY Mindful PET Solution Dyed Yes Alumina Trihydrate (FR) NO NO 12.04$ 11.49$ Broadloom Mindful - Base / QS BC397 Weldlok 12' Wide SY Mindful PET Solution Dyed Yes Alumina Trihydrate (FR) NO NO 8.26$ 7.88$ Broadloom Mirada Stitchlock / QS GL417 Unibond Plus 12' Wide SY Learn & Live Duracolor Tricor Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 26.80$ 22.70$ Broadloom Moss Moderne GL420 Unibond Plus 12' Wide SY Texural Effects Duracolor Tricor Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 31.63$ 30.27$ Broadloom Must Have / QS / Max Service BC287 Weldlok 12' Wide SY Of The Moment Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 14.92$ 14.24$ Broadloom New Basics III 20 / QS / Max Service BC398 Weldlok 12' Wide SY New Basics Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 14.92$ 14.17$ Broadloom New Basics III 26 / QS / Max Service BC399 Unibond Plus 12' Wide SY New Basics Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 16.18$ 16.07$ Broadloom New Leaf / QS BC554 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.42$ Broadloom Oblique / QS BC536 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.42$ Broadloom Observational B
C563 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Outrider / QS BC543 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Overarching BC569 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Patterned Past KC276 Woven (W) 12' Wide SY Pattern & Symmetry Duracolor® Tricor Premium Nylon Solution Dyed UC Approved NONE NO YES 67.18$ 55.12$ Broadloom Pocket Square KC225 Woven (W) 12' Wide SY Simply Tailored Duracolor® Tricor Premium Nylon Solution Dyed UC Approved NONE NO YES 70.54$ 53.30$ Broadloom Profor BC515 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Protagonist BC510 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Purview / QS BC553 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Quarterage SLC32 Weldlok 12' Wide SY 100% SmartStrand® Ultra™ BCF Triexta Piece Dyed Alumina Trihydrate (FR) NO YES 26.46$ 25.24$ Broadloom Real Time BC568 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Recover Act / QS BC547 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Resistance / QS / Max Service BC428 Unibond Plus 12' Wide SY Mass Influence Colorstrand Solution Dyed/Yarn Dyed Alumina Trihydrate (FR) NO YES 16.18$ 15.43$ Broadloom Rhetorcian BC507 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Roundabout / QS BC556 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Rustic Plad KC277 Woven (W) 12' Wide SY Pattern & Symmetry Duracolor® Tricor Premium Nylon Solution Dyed UC Approved NONE NO YES 67.18$ 55.12$ Broadloom Schema BC508 Weldlok 12' Wide SY Yarn Spinner/Mohawk Today- 50 SY Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Second Wind / QS BC557 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Strategic Account Number: 16629
For order placement: MohawkOne West -
[email protected] | MohawkOne East -
Contract Inquiries: [email protected]
DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 409 of 925

Broadloom Sequence of Events BC562 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 S Y Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Shadow Pass KC271 Woven (W) 12' Wide SY Sunweave Duracolor® Tricor Premium Nylon Solution Dyed UC Approved NONE NO YES 66.12$ 55.12$ Broadloom Shape Up / QS BC558 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Sideward / QS BC537 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Sky Gap / QS BC551 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Smart Details / QS / Max Service BC451 Weldlok 12' Wide SY High Concepts PET Solution Dyed UC Approved Alumina Trihydrate (FR) NO NO 12.04$ 11.49$ Broadloom Social Identity BC572 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 S Y Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Social Perk / QS BC530 Weldlok 12' Wide SY Social Orde r Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 31.48$ 24.79$ Broadloom Spheroid / QS BC535 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Start Right / QS / Max Servic e BC453 Weldlok 12' Wide SY High Concepts PET Solution Dyed UC Approved Alumina Trihydrate (FR) NO NO 12.04$ 11.49$ Broadloom Storied Pieces BC580 Weldlok 12' Wide SY Celebrating Heritage Colorstrand Solution Dyed Yes Alumina Trihydrate (FR) NO YES 46.78$ 44.64$ Broadloom Subsidiary / QS BC533 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Suburbia SLC27 Weldlok 12' Wide SY 100% Mohawk EverStrand BCF P.E.T. Piece Dyed Alumina Trihydrate (FR) NO NO 19.83$ 15.60$ Broadloom Surreal Adver t BC560 Weldlok 12' Wide SY Open Narrative/Mohawk Today- 50 S Y Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 53.05$ 50.62$ Broadloom Trail Mix / QS / Max Service BC333 Weldlok 12' Wide SY Explorations Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 14.92$ 14.24$ Broadloom Uncommon Thread KC233 Woven (W) 12' Wide SY Modern Dobb y Duracolor® Tricor Premium Nylon Solution Dyed UC Approved NONE NO NO 61.92$ 51.54$ Broadloom Vicar / QS BC542 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Waft / QS BC548 Weldlok 12' Wide SY Domicile Colorstrand Precision Dyed Injection Alumina Trihydrate (FR) NO YES 48.97$ 40.41$ Broadloom Well Dressed KC226 Woven (W) 12' Wide SY Simply Tailored Duracolor® Tricor Premium Nylon Solution Dyed UC Approved NONE NO YES 90.24$ 74.51$ Broadloom Whip Stitch / QS / Max Service BC376 Unibond Plus 12' Wide SY Fiber Ar t Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 16.18$ 15.43$ Broadloom Wired Mesh / QS BC393 Unibond Plus 12' Wide SY Metal Craf t Colorstrand Solution Dyed UC Approved Alumina Trihydrate (FR) NO YES 22.16$ 21.15$ Modular Carpet Tile A Premonition II GT161 EcoFlex NXT (EP) 2424 SY Sixth Sense II Duracolo r Solution Dyed UC Approved NONE NO YES 65.32$ 63.18$ Modular Carpet Tile Academic View / QS / Max Service BT433 EcoFlex Matrix (UZ) 2424 SY Art Exposure Colorstrand Solution Dyed UC Approved NONE NO YES 22.12$ 21.10$ Modular Carpet Tile Accredited / QS GT431 EcoFlex NXT (EP) 1236 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 38.88$ 33.98$ Modular Carpet Tile Adaptable / QS BT432 EcoFlex Matrix (UZ) 2424 SY Art Exposure EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 29.68$ 29.23$ Modular Carpet Tile Adopt a Plan GT466 EcoFlex NXT (EP) 2424 SY Learn & Live - Taking Steps Duracolor Trico r Solution Dyed Yes NONE NO YES 34.83$ 33.24$ Modular Carpet Tile Amplitude GT147 EcoFlex NXT (EP) 2424 SY Power Surg e Duracolor Solution Dyed UC Approved NONE NO YES 56.48$ 54.06$ Modular Carpet Tile Amused II GT313 EcoFlex NXT (EP) 2424 SY State of Mind III Duracolo r Solution Dyed UC Approved NONE NO YES 67.10$ 64.31$ Modular Carpet Tile Angled Perception / QS BT496 EcoFlex Matrix (UZ) 1236 SY Visual Edge EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 29.50$ 26.66$ Modular Carpet Tile Aqua Rhythm GT455 EcoFlex NXT (EP) 1236 SY Data Tide Duracolor Trico r Solution Dyed Yes NONE NO YES 43.00$ 41.04$ Modular Carpet Tile Artist II / QS BT380 EcoFlex Matrix (UZ) 2424 SY Pure Genius II EcoFlex Matrix Solution Dyed/Yarn Dyed NONE NO YES 32.92$ 32.73$ Modular Carpet Tile Baccharis GT408 EcoFlex NXT (EP) 1236 SY Healthy Environments Duracolor Trico r Solution Dyed UC Approved NONE NO YES 45.54$ 43.53$ Modular Carpet Tile Biome GT456 EcoFlex NXT (EP) 1236 SY Data Tide Duracolor Trico r Solution Dyed Yes NONE NO YES 43.00$ 41.04$ Modular Carpet Tile Blended Twist / QS BT413 EcoFlex Matrix (UZ) 2424 SY Artisanal EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 23.56$ 22.49$ Modular Carpet Tile Brain Power GT136 EcoFlex NXT (EP) 2424 SY Mind Over Matte r Duracolor Solution Dyed UC Approved NONE NO YES 42.64$ 40.70$ Modular Carpet Tile Caliber / QS BT282 EcoFlex Matrix (UZ) 2424 SY Bending Earth EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 32.49$ 32.10$ Modular Carpet Tile Central Point / QS BT428 EcoFlex Matrix (UZ) 2424 SY Art Intervention EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 28.62$ 26.48$ Modular Carpet Tile CEO II / QS BT382 EcoFlex Matrix (UZ) 2424 SY Pure Genius II EcoFlex Matrix Solution Dyed/Yarn Dyed NONE NO YES 32.92$ 32.73$ Modular Carpet Tile ChillD GT424 EcoFlex NXT (EP) 1236 SY Relaxing Floors Duracolor Trico r Solution Dyed UC Approved NONE NO YES 57.33$ 52.98$ Modular Carpet Tile Chitalpa GT407 EcoFlex NXT (EP) 1236 SY Healthy Environments Duracolor Trico r Solution Dyed UC Approved NONE NO YES 45.54$ 43.53$ Modular Carpet Tile Clever Class / QS BT408 EcoFlex Matrix (UZ) 2424 SY Mixology EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 22.12$ 20.96$ Modular Carpet Tile Color Balance GT405 EcoFlex NXT (EP) 1236 SY Color Balance Duracolo r Solution Dyed UC Approved NONE NO YES 44.89$ 42.90$ Modular Carpet Tile ColorBeat GT160 EcoFlex NXT (EP) 2424 SY Colorbea t Duracolor Tricor Solution Dyed UC Approved NONE NO YES 48.38$ 44.93$ Modular Carpet Tile ColorBeat Plank GT298 EcoFlex NXT (EP) 1236 SY Colorbea t Duracolor Tricor Solution Dyed UC Approved NONE NO YES 53.06$ 50.77$ Modular Carpet Tile Coolly Noted / QS BT336 EcoFlex Matrix (UZ) 2424 SY Mixology EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 22.12$ 20.96$ Modular Carpet Tile Crafted Expression GT459 EcoFlex NXT (EP) 1236 SY Celebrated Heritag e Duracolor Tricor Solution Dyed Yes NONE NO YES 53.55$ 51.11$ Modular Carpet Tile Creative Spark / QS / Max Service BT426 EcoFlex Matrix (UZ) 2424 SY Art Intervention Colorstrand Solution Dyed UC Approved NONE NO YES 22.12$ 21.10$ Modular Carpet Tile Datum / QS BT284 EcoFlex Matrix (UZ) 2424 SY Bending Earth EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 32.49$ 32.10$ Modular Carpet Tile Diffuse BT425 EcoFlex NXT (EP) 1236 SY Variant Form EcoFlex NXT Solution Dyed UC Approved NONE NO YES 42.84$ 41.32$ Modular Carpet Tile Digital Terrain Plank GT341 EcoFlex NXT (EP) 1236 SY Expedition Duracolor Trico r Solution Dyed UC Approved NONE NO YES 52.06$ 49.61$ Modular Carpet Tile Disruptive Path / QS BT430 EcoFlex NXT (EP) 1236 SY Art Style EcoFlex NXT Solution Dyed UC Approved NONE NO YES 41.11$ 40.12$ Modular Carpet Tile Doctor II / QS BT381 EcoFlex Matrix (UZ) 2424 SY Pure Genius II EcoFlex Matrix Solution Dyed/Yarn Dyed NONE NO YES 32.92$ 32.73$ Modular Carpet Tile Draft Point / QS / Max Service BT427 EcoFlex Matrix (UZ) 2424 SY Art Intervention Colorstrand Solution Dyed UC Approved NONE NO YES 22.12$ 21.10$ Modular Carpet Tile Drifted Ground Plank / QS BT389 EcoFlex NXT (EP) 1236 SY Iconic Earth Colorstrand Solution Dyed Yes NONE NO YES 42.41$ 40.47$ Modular Carpet Tile Ecosphere / QS GT333 EcoFlex NXT (EP) 2424 SY Expedition Duracolor Trico r Solution Dyed UC Approved NONE NO YES 45.32$ 43.33$ Modular Carpet Tile Enlivened / QS / Max Service BT455 EcoFlex Matrix (UZ) 2424 SY Art Exposure Colorstrand Solution Dyed UC Approved NONE NO YES 22.12$ 21.10$ Modular Carpet Tile Enthralled II GT314 EcoFlex NXT (EP) 2424 SY State of Mind III Duracolo r Solution Dyed UC Approved NONE NO YES 67.10$ 64.31$ Modular Carpet Tile Faculty Remix GT154 EcoFlex NXT (EP) 2424 SY Faculty Remix Duracolo r Solution Dyed/Yarn Dyed NONE NO YES 50.72$ 48.53$ Modular Carpet Tile Feather GT434 EcoFlex NXT (EP) 1236 SY Owls Duracolor Trico r Solution Dyed UC Approved NONE NO YES 57.33$ 53.28$ Modular Carpet Tile Field Of View Dark GT449 EcoFlex NXT (EP) 1236 SY Optic Reset Duracolor Trico r Solution Dyed UC Approved NONE NO YES 36.77$ 33.06$ Modular Carpet Tile Field Of View Light GT450 EcoFlex NXT (EP) 1236 SY Optic Reset Duracolor Trico r Solution Dyed UC Approved NONE NO YES 36.77$ 33.06$ Modular Carpet Tile Field Overlay Dark GT403 EcoFlex NXT (EP) 1236 SY Lichen Duracolor Trico r Solution Dyed UC Approved NONE NO YES 46.58$ 44.44$ Modular Carpet Tile Filtering Form / QS BT583 EcoFlex Matrix (UZ) 2424 SY Crossing Curren t Colorstrand Solution Dyed Yes NONE NO YES 29.39$ 28.05$ Modular Carpet Tile First One Up II / QS BT443 EcoFlex NXT (EP) 2424 SY First One Up II EcoFlex NXT Solution Dyed UC Approved NONE NO YES 33.30$ 31.78$ Modular Carpet Tile FirstStep II / QS GT315 EcoFlex NXT (EP) 2424 SY Tuff Stuff II Duracolo r Solution Dyed UC Approved NONE NO YES 96.55$ 89.97$ Modular Carpet Tile Flamestitch III GT168 EcoFlex NXT (EP) 2424 SY Flamestitch Duracolo r Solution Dyed UC Approved NONE NO YES 57.74$ 55.29$ Modular Carpet Tile Flight GT435 EcoFlex NXT (EP) 1236 SY Owls Duracolor Trico r Solution Dyed UC Approved NONE NO YES 57.33$ 53.28$ Modular Carpet Tile Flux Foundation / QS BT585 EcoFlex Matrix (UZ) 2424 SY Shape & Flow Colorstrand Solution Dyed Yes NONE NO YES 29.50$ 28.15$ Modular Carpet Tile Flux Play / QS BT584 EcoFlex Matrix (UZ) 2424 SY Shape & Flow Colorstrand Solution Dyed Yes NONE NO YES 29.50$ 28.15$ Modular Carpet Tile Forward Vision GT135 EcoFlex NXT (EP) 2424 SY Mind Over Matte r Duracolor Solution Dyed UC Approved NONE NO YES 42.64$ 40.74$ Modular Carpet Tile Fractal GrounD GT425 EcoFlex NXT (EP) 1236 SY Relaxing Floors Duracolor Trico r Solution Dyed UC Approved NONE NO YES 57.33$ 52.98$ Modular Carpet Tile Framed Structure / QS / Max Service BT436 EcoFlex Matrix (UZ) 2424 SY Sketch Effect Colorstrand Solution Dyed UC Approved NONE NO YES 22.12$ 21.10$ Modular Carpet Tile Framed Structure / QS EcoFlex Air BT436 EcoFlex Air (UW) 2424 SY Sketch Effect Colorstrand Solution Dyed UC Approved NONE NO YES 32.65$ 24.26$ Modular Carpet Tile Gravitational Plank GT343 EcoFlex NXT (EP) 1236 SY Expedition Duracolor Trico r Solution Dyed UC Approved NONE NO YES 52.06$ 49.61$ Modular Carpet Tile Ground Cover GT402 EcoFlex NXT (EP) 1236 SY Lichen Duracolor Trico r Solution Dyed UC Approved NONE NO YES 63.20$ 60.44$ Modular Carpet Tile Headstrong / QS BT354 EcoFlex Matrix (UZ) 2424 SY Renegad e EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 30.62$ 29.22$ Modular Carpet Tile Hem GT178 EcoFlex NXT (EP) 2424 SY Denim Duracolo r Solution Dyed UC Approved NONE NO YES 39.24$ 37.44$ Modular Carpet Tile Hem Plank GT295 EcoFlex NXT (EP) 1236 SY Denim Duracolo r Solution Dyed UC Approved NONE NO YES 43.11$ 41.41$ Modular Carpet Tile Hidden Dimension / QS BT497 EcoFlex Matrix (UZ) 1236 SY Visual Edge Ecoflex Matrix Solution Dyed UC Approved NONE NO YES 29.50$ 28.38$ Modular Carpet Tile Horsepower II GT170 EcoFlex NXT (EP) 2424 SY Motorsport II Duracolo r Solution Dyed UC Approved NONE NO YES 60.08$ 57.55$ Modular Carpet Tile Hustle & Bustle GT307 EcoFlex NXT (EP) 2424 SY On The Scene Duracolor Trico r Solution Dyed UC Approved NONE NO YES 40.66$ 38.80$ Modular Carpet Tile Hydrosphere / QS GT332 EcoFlex NXT (EP) 2424 SY Expedition Duracolor Trico r Solution Dyed UC Approved NONE NO YES 45.32$ 43.33$ Modular Carpet Tile Hyper Earth Plank BT405 EcoFlex NXT (EP) 1236 SY Hyper Earth EcoFlex NXT Solution Dyed UC Approved NONE NO YES 44.30$ 42.85$ Modular Carpet Tile In The Loop / QS BT309 EcoFlex Matrix (UZ) 2424 SY Beyond Expectations EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 33.10$ 31.59$ Modular Carpet Tile Infinite Impact / QS / Max Service BT499 EcoFlex Matrix (UZ) 1236 SY Infinite Impac t Envirostrand Solution Dyed UC Approved NONE NO NO 18.88$ 16.51$ Modular Carpet Tile Inseam Plank GT297 EcoFlex NXT (EP) 1236 SY Denim Duracolo r Solution Dyed UC Approved NONE NO YES 43.11$ 41.14$ Modular Carpet Tile Insurgent BT367 EcoFlex Matrix (UZ) 2424 SY Renegad e EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 38.07$ 36.68$ Modular Carpet Tile Integrate BT423 EcoFlex NXT (EP) 2424 SY Variant Form EcoFlex NXT Solution Dyed UC Approved NONE NO YES 39.76$ 38.43$ Modular Carpet Tile Interthread / QS BT449 EcoFlex Matrix (UZ) 2424 SY Dexterit y EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 18.88$ 17.57$ Modular Carpet Tile Into It GT319 EcoFlex NXT (EP) 2424 SY Get SmAr t Duracolor Tricor Solution Dyed UC Approved NONE NO YES 41.20$ 38.74$ Modular Carpet Tile It's a Sign II GT162 EcoFlex NXT (EP) 2424 SY Sixth Sense II Duracolo r Solution Dyed UC Approved NONE NO YES 65.32$ 63.18$ Modular Carpet Tile Jean GT177 EcoFlex NXT (EP) 2424 SY Denim Duracolo r Solution Dyed UC Approved NONE NO YES 39.24$ 37.44$ Modular Carpet Tile Kinesthetic Plank GT317 EcoFlex NXT (EP) 1236 SY Get SmAr t Duracolor Tricor Solution Dyed UC Approved NONE NO YES 44.80$ 42.53$ Modular Carpet Tile Know-How GT137 EcoFlex NXT (EP) 2424 SY Mind Over Matte r Duracolor Solution Dyed UC Approved NONE NO YES 42.64$ 40.70$ Modular Carpet Tile Late Night GT306 EcoFlex NXT (EP) 2424 SY On The Scene Duracolor Trico r Solution Dyed UC Approved NONE NO YES 40.66$ 38.80$ Modular Carpet Tile Lateral Surface / QS BT314 EcoFlex Matrix (UZ) 2424 SY Bending Earth II EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 32.49$ 32.10$ Modular Carpet Tile Lithosphere / QS GT334 EcoFlex NXT (EP) 2424 SY Expedition Duracolor Trico r Solution Dyed UC Approved NONE NO YES 45.32$ 43.33$ Modular Carpet Tile Macro Bloom GT388 EcoFlex NXT (EP) 1236 SY Lichen Duracolor Trico r Solution Dyed UC Approved NONE NO YES 63.20$ 60.44$ Modular Carpet Tile Material Narratives GT458 EcoFlex NXT (EP) 1236 SY Celebrated Heritag e Duracolor Tricor Solution Dyed Yes NONE NO YES 53.55$ 51.11$ Modular Carpet Tile MellowD GT426 EcoFlex NXT (EP) 1236 SY Relaxing Floors Duracolor Trico r Solution Dyed UC Approved NONE NO YES 57.33$ 52.98$ Modular Carpet Tile Metallic Path / QS BT431 EcoFlex NXT (EP) 1236 SY Art Style EcoFlex NXT Solution Dyed UC Approved NONE NO YES 41.11$ 40.12$ Modular Carpet Tile Metalmorphic Plank / QS BT388 EcoFlex NXT (EP) 1236 SY Iconic Earth Colorstrand Solution Dyed Yes NONE NO YES 42.41$ 40.47$ Modular Carpet Tile Micro Bloom GT397 EcoFlex NXT (EP) 1236 SY Lichen Duracolor Trico r Solution Dyed UC Approved NONE NO YES 63.20$ 60.44$ Modular Carpet Tile Mindful / QS / Max Service BT446 EcoFlex Matrix (UZ) 2424 SY Mindful Envirostrand Solution Dyed UC Approved NONE NO NO 18.88$ 15.67$ Modular Carpet Tile Mindful Stripe / QS BT447 EcoFlex Matrix (UZ) 2424 SY Mindful EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 16.72$ 15.67$ Modular Carpet Tile Motivated Movement GT465 EcoFlex NXT (EP) 2424 SY Learn & Live - Taking Steps Duracolor Trico r Solution Dyed Yes NONE NO YES 34.83$ 33.24$ Modular Carpet Tile Mutineer BT366 EcoFlex Matrix (UZ) 2424 SY Renegad e EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 38.07$ 36.68$ DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 410 of 925

Modular Carpet Tile Necessary Action GT467 EcoFlex NXT (EP) 2424 SY Learn & Live - Taking Steps Duracolor Trico r Solution Dyed Yes NONE NO YES 34.83$ 33.24$ Modular Carpet Tile New Basics III / QS BT400 EcoFlex Matrix (UZ) 2424 SY New Basics EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 30.35$ 29.15$ Modular Carpet Tile Off The Wall GT195 EcoFlex NXT (EP) 2424 SY Street Thread Duracolo r Solution Dyed UC Approved NONE NO YES 61.25$ 58.67$ Modular Carpet Tile PDI-Beach Breaker Plank SY020 EcoFlex Air (UW) 1236 SY PDI Tile Colorstrand NONE NO YES 65.21$ 62.23$ Modular Carpet Tile PDI-Beach Breaker Square SY020 EcoFlex Air (UW) 2424 SY PDI Tile Colorstrand NONE NO YES 63.05$ 60.18$ Modular Carpet Tile PDI-Second Wave Plank SY022 EcoFlex Air (UW) 1236 SY PDI Tile Colorstrand NONE NO YES 65.21$ 62.23$ Modular Carpet Tile PDI-Second Wave Square SY022 EcoFlex Air (UW) 2424 SY PDI Tile Colorstrand NONE NO YES 63.05$ 60.18$ Modular Carpet Tile PDI-Shaka Plank SY019 EcoFlex Air (UW) 1236 SY PDI Tile Colorstrand NONE NO YES 54.41$ 51.93$ Modular Carpet Tile PDI-Shaka Square SY019 EcoFlex Air (UW) 2424 SY PDI Tile Colorstrand NONE NO YES 52.25$ 49.87$ Modular Carpet Tile PDI-Special Base Plank (Ripple, Stria, N A EcoFlex Air (UW) 1236 SY PDI Tile Colorstrand NONE NO YES 67.37$ 64.30$ Modular Carpet Tile PDI-Special Base Square (Ripple, Stria, NA EcoFlex Air (UW) 2424 SY PDI Tile Colorstrand NONE NO YES 65.21$ 62.23$ Modular Carpet Tile Photofinish II GT169 EcoFlex NXT (EP) 2424 SY Motorsport II Duracolo r Solution Dyed UC Approved NONE NO YES 60.08$ 57.55$ Modular Carpet Tile Picture This / QS BT334 EcoFlex Matrix (UZ) 2424 SY Mixology EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 22.12$ 20.96$ Modular Carpet Tile Pop Icon GT194 EcoFlex NXT (EP) 2424 SY Street Thread Duracolo r Solution Dyed UC Approved NONE NO YES 61.25$ 58.67$ Modular Carpet Tile Posture / QS BT407 EcoFlex Matrix (UZ) 2424 SY Mixology EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 22.12$ 20.96$ Modular Carpet Tile Proficient / QS GT432 EcoFlex NXT (EP) 1236 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 38.88$ 33.98$ Modular Carpet Tile Reawakened Plank GT302 EcoFlex NXT (EP) 1236 SY New Vintag e Duracolor Tricor Solution Dyed UC Approved NONE NO YES 55.06$ 52.71$ Modular Carpet Tile Reckless / QS BT353 EcoFlex Matrix (UZ) 2424 SY Renegad e EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 30.62$ 29.22$ Modular Carpet Tile Reconstruct BT424 EcoFlex NXT (EP) 2424 SY Variant Form EcoFlex NXT Solution Dyed UC Approved NONE NO YES 39.76$ 38.43$ Modular Carpet Tile Rediscovered Plank GT303 EcoFlex NXT (EP) 1236 SY New Vintag e Duracolor Tricor Solution Dyed UC Approved NONE NO YES 55.06$ 52.71$ Modular Carpet Tile Refined Pass / QS BT582 EcoFlex Matrix (UZ) 2424 SY Crossing Curren t Colorstrand Solution Dyed Yes NONE NO YES 29.39$ 28.05$ Modular Carpet Tile Renewed Path / QS / Max Service BT578 EcoFlex Matrix (UZ) 2424 SY Renewed Path Envirostrand Solution Dyed UC Approved NONE NO NO 18.88$ 16.51$ Modular Carpet Tile RestD GT427 EcoFlex NXT (EP) 1236 SY Relaxing Floors Duracolor Trico r Solution Dyed UC Approved NONE NO YES 57.33$ 52.98$ Modular Carpet Tile Restore BT417 EcoFlex Matrix (UZ) 2424 SY Uncharted EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 42.70$ 41.42$ Modular Carpet Tile Riot / QS BT355 EcoFlex Matrix (UZ) 2424 SY Renegad e EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 30.62$ 29.22$ Modular Carpet Tile Rise Up / QS GT420 EcoFlex NXT (EP) 2424 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 34.83$ 31.22$ Modular Carpet Tile Rise Up / QS EcoFlex Air GT420 EcoFlex Air (UW) 2424 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 41.04$ 31.22$ Modular Carpet Tile River Code GT454 EcoFlex NXT (EP) 1236 SY Data Tide Duracolor Trico r Solution Dyed Yes NONE NO YES 43.00$ 41.04$ Modular Carpet Tile Sabbatical / QS GT433 EcoFlex NXT (EP) 1236 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 38.88$ 33.98$ Modular Carpet Tile Sector / QS BT285 EcoFlex Matrix (UZ) 2424 SY Bending Earth EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 32.49$ 32.10$ Modular Carpet Tile Seek Unique / QS BT335 EcoFlex Matrix (UZ) 2424 SY Mixology EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 22.12$ 20.96$ Modular Carpet Tile Seismic Wave Plank GT342 EcoFlex NXT (EP) 1236 SY Expedition Duracolor Trico r Solution Dyed UC Approved NONE NO YES 52.06$ 49.61$ Modular Carpet Tile Selvedge GT179 EcoFlex NXT (EP) 2424 SY Denim Duracolo r Solution Dyed UC Approved NONE NO YES 39.24$ 37.44$ Modular Carpet Tile Shaded Lines / QS BT437 EcoFlex Matrix (UZ) 2424 SY Sketch Effect EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 26.06$ 24.26$ Modular Carpet Tile Shaded Lines / QS EcoFlex Air BT437 EcoFlex Air (UW) 2424 SY Sketch Effect EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 32.65$ 24.26$ Modular Carpet Tile Shared Path / QS BT429 EcoFlex NXT (EP) 1236 SY Art Style EcoFlex NXT Solution Dyed UC Approved NONE NO YES 41.11$ 40.12$ Modular Carpet Tile Shifted Focus GT448 EcoFlex NXT (EP) 1236 SY Optic Reset Duracolor Trico r Solution Dyed UC Approved NONE NO YES 36.77$ 33.07$ Modular Carpet Tile Side Stripe / QS GT419 EcoFlex NXT (EP) 2424 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 34.83$ 30.27$ Modular Carpet Tile Side Stripe / QS EcoFlex Air GT419 EcoFlex Air (UW) 2424 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 41.04$ 30.27$ Modular Carpet Tile Solve II BT416 EcoFlex Matrix (UZ) 2424 SY Uncharted EcoFlex Matrix Solution Dyed/Yarn Dyed NONE NO YES 42.70$ 41.42$ Modular Carpet Tile Statement Fabric / QS / Max Service BT448 EcoFlex Matrix (UZ) 2424 SY Dexterit y Envirostrand Solution Dyed UC Approved NONE NO NO 18.88$ 17.57$ Modular Carpet Tile Statement Stone / QS BT390 EcoFlex NXT (EP) 2424 SY Iconic Earth Colorstrand Solution Dyed Yes NONE NO YES 38.99$ 37.20$ Modular Carpet Tile Step In Style II / QS GT312 EcoFlex NXT (EP) 2424 SY Tuff Stuff II Duracolo r Solution Dyed UC Approved NONE NO YES 90.11$ 86.47$ Modular Carpet Tile Step Up II / QS GT311 EcoFlex NXT (EP) 2424 SY Tuff Stuff II Duracolo r Solution Dyed UC Approved NONE NO YES 100.30$ 98.87$ Modular Carpet Tile Streetscapes GT308 EcoFlex NXT (EP) 2424 SY On The Scene Duracolor Trico r Solution Dyed UC Approved NONE NO YES 40.66$ 38.80$ Modular Carpet Tile Structured Mesh GT380 EcoFlex NXT (EP) 2424 SY Uncovered Duracolo r Solution Dyed UC Approved NONE NO YES 46.42$ 43.15$ Modular Carpet Tile Super Fresh GT196 EcoFlex NXT (EP) 2424 SY Street Thread Duracolo r Solution Dyed UC Approved NONE NO YES 61.25$ 58.67$ Modular Carpet Tile Swipe Right / QS GT418 EcoFlex NXT (EP) 2424 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 34.83$ 30.27$ Modular Carpet Tile Swipe Right / QS EcoFlex Air GT418 EcoFlex Air (UW) 2424 SY Learn & Live Duracolor Trico r Solution Dyed UC Approved NONE NO YES 41.04$ 30.27$ Modular Carpet Tile Tactile Infusion GT422 EcoFlex NXT (EP) 1236 SY Textural Effects Duracolor Trico r Solution Dyed UC Approved NONE NO YES 38.25$ 35.94$ Modular Carpet Tile Taped Off GT197 EcoFlex NXT (EP) 2424 SY Street Thread Duracolo r Solution Dyed UC Approved NONE NO YES 58.39$ 55.92$ Modular Carpet Tile Thematic Thread GT423 EcoFlex NXT (EP) 1236 SY Textural Effects Duracolor Trico r Solution Dyed UC Approved NONE NO YES 38.25$ 35.94$ Modular Carpet Tile Threaded Craft / QS BT414 EcoFlex Matrix (UZ) 2424 SY Artisanal EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 23.56$ 22.49$ Modular Carpet Tile Tonal Shift GT457 EcoFlex NXT (EP) 1236 SY Celebrated Heritag e Duracolor Tricor Solution Dyed Yes NONE NO YES 53.55$ 51.11$ Modular Carpet Tile Tranquil Beauty Plank GT309 EcoFlex NXT (EP) 1236 SY Tranquil Beauty Duracolor Trico r Solution Dyed UC Approved NONE NO YES 50.85$ 48.64$ Modular Carpet Tile Transformative GT324 EcoFlex NXT (EP) 2424 SY Serenit y Duracolor Solution Dyed UC Approved NONE NO YES 57.40$ 54.95$ Modular Carpet Tile Unexpected Texture GT377 EcoFlex NXT (EP) 2424 SY Uncovered Duracolo r Solution Dyed UC Approved NONE NO YES 46.42$ 45.03$ Modular Carpet Tile Urban Canvas GT412 EcoFlex NXT (EP) 1236 SY Nutopia Duracolor Trico r Solution Dyed UC Approved NONE NO YES 49.91$ 47.74$ Modular Carpet Tile Urban Field II GT446 EcoFlex NXT (EP) 1236 SY Nutopia 2.0 Duracolor Trico r Solution Dyed UC Approved NONE NO YES 59.29$ 55.12$ Modular Carpet Tile Urban Fringe II GT445 EcoFlex NXT (EP) 1236 SY Nutopia 2.0 Duracolor Trico r Solution Dyed UC Approved NONE NO YES 59.29$ 55.12$ Modular Carpet Tile Urban Mobility GT430 EcoFlex NXT (EP) 1236 SY Smart Cit y Duracolor Tricor Solution Dyed UC Approved NONE NO YES 59.29$ 55.12$ Modular Carpet Tile Urban Model GT429 EcoFlex NXT (EP) 1236 SY Smart Cit y Duracolor Tricor Solution Dyed UC Approved NONE NO YES 59.29$ 55.12$ Modular Carpet Tile Urban Passage II GT444 EcoFlex NXT (EP) 1236 SY Nutopia 2.0 Duracolor Trico r Solution Dyed UC Approved NONE NO YES 59.29$ 55.12$ Modular Carpet Tile Urban Terrain GT413 EcoFlex Matrix (UZ) 1236 SY Nutopia Matri x Duracolor Tricor Solution Dyed UC Approved NONE NO YES 38.97$ 35.94$ Modular Carpet Tile Urban Transit GT414 EcoFlex Matrix (UZ) 1236 SY Nutopia Matri x Duracolor Tricor Solution Dyed UC Approved NONE NO YES 38.97$ 35.94$ Modular Carpet Tile Venturesome / QS BT356 EcoFlex Matrix (UZ) 2424 SY Renegad e EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 30.62$ 23.22$ Modular Carpet Tile Wavelength GT149 EcoFlex NXT (EP) 2424 SY Power Surg e Duracolor Solution Dyed UC Approved NONE NO YES 54.14$ 51.81$ Modular Carpet Tile Wellbeing GT325 EcoFlex NXT (EP) 2424 SY Serenit y Duracolor Solution Dyed UC Approved NONE NO YES 57.40$ 54.95$ Modular Carpet Tile Write Direction Plank GT318 EcoFlex NXT (EP) 1236 SY Get SmAr t Duracolor Tricor Solution Dyed UC Approved NONE NO YES 44.80$ 42.53$ Modular Carpet Tile Xeric GT406 EcoFlex NXT (EP) 1236 SY Healthy Environments Duracolor Trico r Solution Dyed UC Approved NONE NO YES 45.54$ 43.53$ Modular Carpet Tile X-Factor / QS BT212 EcoFlex Matrix (UZ) 2424 SY X Facto r EcoFlex Matrix Solution Dyed UC Approved NONE NO YES 21.40$ 17.51$ Modular Carpet Tile Zip It Plank GT296 EcoFlex NXT (EP) 1236 SY Denim Duracolo r Solution Dyed UC Approved NONE NO YES 43.11$ 39.10$ LVT Antiek C0015 8" x 60" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 7.18$ 6.01$ LVT Antiek C0015 9" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 7.18$ 6.01$ LVT Better Togethe r C0097 12" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 6.46$ 5.60$ LVT Better Togethe r C0097 24" x 24" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 6.46$ 5.60$ LVT Better Togethe r C0097 4" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 6.46$ 5.60$ LVT Better Togethe r C0097 8" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 6.46$ 5.60$ LVT Bolde r C0010 36" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 6.64$ 6.17$ LVT Centrat o C0104 7.5"x 51.8" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 4.30$ 3.68$ LVT Creative Terrain C0181 18" x 36" SF Creative Terrain PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 10.60$ 10.12$ LVT Edgeland C0085 6" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 2.68$ 2.36$ LVT Elan Valley C0189 6" x 48" SF Elan Valley PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 2.32$ 2.21$ LVT Grainiac C0013 6" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 3.76$ 3.05$ LVT Grown U p C0075 9" x 59" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 8.26$ 7.27$ LVT Hemstitch CR710 9.25" x 59.25" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 8.44$ 8.14$ LVT Hit the Mar k C0095 12" x 24" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 7.90$ 6.71$ LVT Hit the Mar k C0095 18" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 7.90$ 6.71$ LVT Hit the Mar k C0095 7.25" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 7.90$ 6.71$ LVT Large & Local Reforestatio n C0188 9" x 59" SF Large & Local PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 5.56$ 5.31$ LVT Large & Local Rendered Fla x C0192 9" x 59" SF Large & Local PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 5.56$ 5.31$ LVT Large & Local Rugged Foundatio n C0191 9" x 59" SF Large & Local PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 5.56$ 5.31$ LVT Large & Local Wood C0128 9" x 59" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 5.56$ 4.80$ LVT Lineate C0089 9" x 59" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 6.64$ 6.17$ LVT Linked CR708 9.84" x 39.37" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 8.44$ 8.14$ LVT Living Local Chromascope C0159 12" x 24" SF Living Local PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 4.48$ 4.27$ LVT Living Local Optic Hues C0178 12" x 24" SF Living Local PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 4.48$ 4.27$ LVT Living Local Premium Woods C0194 7.72" x 51.97" SF Living Local PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 4.48$ 4.27$ LVT Living Local Stoneworks C0179 12" x 24" SF Living Local PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 4.48$ 4.27$ LVT Living Local Terrazzo C0180 12" x 24" SF Living Local PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 4.48$ 4.27$ LVT Living Local Wood Glue Down C2039 6" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 4.48$ 3.68$ LVT Matuto Plus C0135 12" x 24" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 5.74$ 4.94$ LVT Metal C0059 18" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 8.26$ 7.27$ LVT Mixte Solid C0090 36" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 6.64$ 6.17$ LVT Mixte Stripe C0091 36" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 6.64$ 6.17$ LVT Molveno Stones C0109 11.75" x 35.75" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 7.00$ 5.72$ LVT Molveno Woods C0110 7.75" x 59.75" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 7.00$ 5.72$ DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 411 of 925

LVT Morikato Wood C0016 7" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 6.46$ 5.83$ LVT Neches Bend C0187 7.52"x 51.8" SF Dodford 1 2 PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 4.48$ 4.27$ LVT Second Home Wood C0141 7.5" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 6.64$ 5.50$ LVT Secoya C0009 9" x 59" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 6.46$ 6.17$ LVT Select Step II Stone CR704 18" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 2.14$ 2.04$ LVT Select Step II Wood CR703 7.25" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO NO 2.14$ 2.04$ LVT Urban Native Ston e C0084 12" x 24" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 3.04$ 2.56$ LVT Urban Native Wood C0083 8" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) NO YES 3.04$ 2.56$ LVT Vivid Step Plank CR70 5 6" x 48" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 2.68$ 2.10$ LVT Vivid Step Stone CR706 12" x 24" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 2.68$ 2.10$ LVT Weave CR709 18" x 36" SF PVC, Ortho-Phthalate Free, Flame Retardant (Halogenated Free) YES NO 8.44$ 8.14$ Rubber Tile TRUE Hammere d TRMB 17-13/16" x 17 - SF TRUE NONE *Antimicrobial free for production after 7/1/19 NO NO 16.31$ 15.57$ Rubber Tile TRUE Hammere d TRMB 35-11/16" x 35 - SF TRUE NONE *Antimicrobial free for production after 7/1/19 NO NO 15.80$ 15.08$ Rubber Sheet TRUE Medi-Flex Sheet 2mm TRS2B 5' x 50' nominal SF NONE *Antimicrobial free for production after 7/1/19 NO NO 9.72$ 7.99$ Rubber Sheet TRUE Medi-Flex Sheet 3mm TRS3B 5' x 50' nominal SF NONE *Antimicrobial free for production after 7/1/19 NO NO 12.10$ 10.01$ Rubber Tile TRUE Medi-Flex Tile 2mm TRSTB 17-13/16" x 17 - SF NONE *Antimicrobial free for production after 7/1/19 NO NO 12.83$ 10.84$ Rubber Tile TRUE Medi-Flex Tile 2mm TRSTB 35-11/16" x 35 - SF NONE *Antimicrobial free for production after 7/1/19 NO NO 12.53$ 10.84$ Rubber Tile TRUE Medi-Flex Tile 3mm TRSIB 17-13/16" x 17 - SF NONE *Antimicrobial free for production after 7/1/19 NO NO 15.53$ 13.48$ Rubber Tile TRUE Medi-Flex Tile 3mm TRSIB 35-11/16" x 35 - SF NONE *Antimicrobial free for production after 7/1/19 NO NO 15.28$ 13.48$ Rubber Tile TRUE Round TRRB 35-1/2" x 35-1/2 " SF TRUE NONE *Antimicrobial free for production after 7/1/19 NO NO 15.28$ 14.58$ Rubber Tile TRUE Round TRRB 17-11/16" x 17 - SF TRUE NONE *Antimicrobial free for production after 7/1/19 NO NO 15.80$ 15.08$ Resilient Sheet Geomorphi c C2044/C2045 6' & 12' Width SY Healthy Environments PVC, Ortho-Phthalate Free NO YES 41.38$ 37.40$ Resilient Sheet Juniperus C2042/C204 3 6' & 12' Width SY Healthy Environments PVC, Ortho-Phthalate Free NO YES 41.38$ 36.68$ Resilient Sheet Klei Firma C2046/C204 7 6' & 12' Width SY Healthy Environments PVC, Ortho-Phthalate Free NO YES 41.38$ 36.68$ Resilient Sheet Sisalana C2040/C2041 6' & 12' Width SY Healthy Environments PVC, Ortho-Phthalate Free NO YES 41.38$ 36.68$ Resilient Sheet Living Kind C2049 13'2" Width SY Living Kind PVC, Ortho-Phthalate Free NO YES 19.78$ 16.59$ Resilient Sheet Calmness C2023 6' & 12' Width SY Serenit y PVC, Ortho-Phthalate Free NO YES 41.38$ 36.68$ Resilient Sheet Ephemeral C2022 6' & 12' Width SY Serenit y PVC, Ortho-Phthalate Free NO YES 41.38$ 36.68$ Resilient Sheet Sensor y C2021 6' & 12' Width SY Serenit y PVC, Ortho-Phthalate Free NO YES 41.38$ 36.68$ Resilient Sheet Therapeuti c C2020 6' & 12' Width SY Serenit y PVC, Ortho-Phthalate Free NO YES 41.38$ 36.68$ Resilient Sheet Medella C2048 6' 6" Width SY Healthy Environments PVC, Ortho-Phthalate Free NO YES 48.04$ 40.69$ Hardwood / Laminate Voxwood C0182 54.33" Length SF RevWood Contrac t Formaldehyde NO NO 5.74$ 5.48$ Adhesives Nubroadlok (LifeLoc) Moisture Proof Latex Seam LLSSB 112.26$ Adhesives NuBroadlok Premium Plu s B0020 44.90$
Adhesives NuBroadlok Premium Plu s B0020 44.90$
Adhesives NuBroadlok VRT B0030 75.21$
Adhesives NuBroadlo k B261 19.08$
Adhesives NuBroadlo k B267 117.87$
Adhesives EnPress M004C 112.26$
Adhesives FlexLok FLXTB 101.03$
Adhesives OptiSeal M003B 151.55$
Adhesives PrimeCoa t XL23C 44.90$
Adhesives M700 VA67C 39.28$
Adhesives M700 VA67C 140.33$
Adhesives M95.0 M95C 50.51$
Adhesives M95.0 M95C 157.17$
Adhesives MS160 MS160 190.85$
Adhesives SurfaceSeal XL26C 106.65$
Adhesives M99.0 M99 56.12$
Adhesives M99.0 M99 190.85$
Adhesives AD 590 AD590 151.55$
Adhesives AD 777 AWP77 72.96$
Adhesives AD 777 AWP77 224.53$
Adhesives Zip Step Tape ADZIP 246.98$
Adhesives Infuze Seam Seale r INFZC 6.73$
Adhesives M45 M45C 5.26$
Accessories - Rubber AD888 AD888-01 318.84$
Accessories - Rubber AD888 AD888-02 5.60$
Accessories - Rubber AD888 AD888-03 70.72$
Accessories - Rubber Dual Cartridge Gun LOCDC 136.96$
Accessories - Rubber Durabond Package LOCPC 154.92$
Accessories - Rubber TRUE Weld Rod TRWB 93.17$
Accessories - Rubber Visual Strip - Black VITC-22 83.07$ Accessories - Rubber Visual Strip - Night Glow VITC-82 150.43$ Accessories - Rubber Visual Strip - Red VITC-52 104.40$ Accessories - Rubber Visual Strip - White VITC-18 104.40$ Accessories - Rubber Visual Strip - Yellow VITC-72 104.40$ Accessories - Rubber Square Mix Nozzles (10 pack) LOCNC 30.30$ Accessories - Rubber Chemical Weld Cartridge-Loctite LOCHC 34.79$ Accessories - Sheet Infuze Seam Seale r INFZC 6.73$
Accessories - Sheet Heterogeneous Sheet Vinyl Weld Rod s WELDC 40.41$ Accessories - Sheet Homogeneous Sheet Vinyl Weld Rod s MWRC 40.41$ Accessories - LVT AccuSound VU01C 0.55$
Accessories - LVT ActiveSound VU02C 0.77$
Accessories - LVT Scratch Repair Ki t VA8C-1 57.25$
Accessories - LVT Scratch Repair Ki t VA8C-3 147.06$
Accessories - HVT Homogeneous Vinyl Tile Weld Rods CTWR 168.39$ Accessories - HVT Deep Scrub Cleane r HVTDC 0.01$
Accessories - HVT Deep Scrub Pad (maroon ) HVTDP 0.01$
Accessories - HVT Initial Surface Cleane r HVTSC 0.01$
Accessories - RevWood Contract Initial Surface Cleaner Pad (natural) HVTSP 0.01$ #REF! Installation Kit LT4C 28.06$
Accessories - RevWood Contract Instamatch Repair Kit IM 40.41$ Accessories - RevWood Contract Unifix Repair Tool UT 127.98$ Accessories - Stair Tread Hammered, Tread Onl y RTM 16.83$ Accessories - Stair Tread Hammered, With Rise r OPM 20.20$ Accessories - Stair Tread Hammered, With Riser & Visual Stri p OVM 23.57$ Accessories - Stair Tread Hammered, With Visual Stri p RVM 21.32$ Accessories - Stair Tread Round, Tread Onl y TRNB 16.83$ Accessories - Stair Tread Round, With Rise r TROB 20.20$ Accessories - Stair Tread Round, With Riser & Visual Strip TRQB 23.57$ Accessories - Stair Tread Round, With Visual Strip TRPB 21.32$ Wall Base - Rubber Straight Wall Base - 120' Rolls CRW01 0.89$ Wall Base - Rubber Straight Wall Base - 96' Rolls CRW01 1.54$ Wall Base - Rubber Straight Wall Base - 120' Rolls CRW02 0.89$ Wall Base - Rubber Straight Wall Base - 96' Rolls CRW02 1.54$ Wall Base - Rubber Coved Wall Base - 120' Rolls CRW03 0.89$ Wall Base - Rubber Coved Wall Base - 96' Rolls CRW03 1.54$ Wall Base - Rubber CovedWall Base - 120' Rolls CRW05 0.89$ Wall Base - Rubber Coved Wall Base - 96' Rolls CRW05 1.54$ Wall Base - Vinyl Straight Wall Base - 120' Rolls CVW01 0.83$ Wall Base - Vinyl Straight Wall Base - 96' Rolls CVW01 1.40$ Wall Base - Vinyl Straight Wall Base - 120' Rolls CVW02 0.83$ Wall Base - Vinyl Straight Wall Base - 96' Rolls CVW02 1.40$ Wall Base - Vinyl Straight Wall Base - 120' Rolls CVW03 0.83$ Wall Base - Vinyl Straight Wall Base - 96' Rolls CVW03 1.40$ Wall Base - Vinyl Straight Wall Base - 120' Rolls CVW04 0.83$ DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 412 of 925

Wall Base - Vinyl Straight Wall Base - 96' Rolls CVW04 1.40$ Wall Base - Vinyl Straight Wall Base - 120' Rolls CVW05 0.76$ Accessories - Stair Tread Hammered Tread CRS01 16.74$ Accessories - Stair Tread Hammered Tread CRS01 16.74$ Accessories - Stair Tread Hammered Tread & Riser CRS02 20.08$ Accessories - Stair Tread Hammered Tread & Riser CRS02 20.08$ Accessories - Stair Tread Hammered Tread w/Vis Strip CRS03 20.61$ Accessories - Stair Tread Hammered Tread w/Vis Strip CRS03 20.61$ Accessories - Stair Tread Hammered Tread & Riser w/VisStri p CRS02 23.96$ Accessories - Stair Tread Hammered Tread & Riser w/VisStri p CRS03 23.96$ Accessories - Stair Tread Round Tread CRS03 16.74$
Accessories - Stair Tread Round Tread CRS04 16.74$
Accessories - Stair Tread Round Tread & Riser CRS04 20.08$ Accessories - Stair Tread Round Tread & Riser CRS05 20.08$ Accessories - Stair Tread Round Tread w/Vis Strip CRS05 20.61$ Accessories - Stair Tread Round Tread w/Vis Strip CRS06 20.61$ Accessories - Stair Tread Round Tread & Riser CRS06 23.96$ Accessories - Stair Tread Round Tread w/Vis Strip CRS07 23.96$ Accessories - Stair Tread Round Tread w/Vis Strip CRS07 5.83$ Accessories - Stair Tread Round Tread & Riser w/VisStri p CRS08 8.89$ Accessories - Stair Tread Round Tread & Riser w/VisStri p CRS08 1.85$ Accessories - Stair Tread Stringer / Rise r CRS09 1.10$ Accessories - Stair Tread Smooth Landing Tile CRS10 2.03$ Accessories - Rubber Universal Transition - Finish material to finish CRA01 1.19$ Accessories - Rubber Universal Transition - Finish material to finish CRA02 1.73$ Accessories - Rubber Universal Transition - Finish material to finish CRA03 1.54$ Accessories - Rubber T-Moulding Track Pinless Metal Track (12ft) CRA04 1.67$ Accessories - Rubber Adaptors - Finish material to finish material 1/8" CRA05 1.81$ Accessories - Rubber Adaptors - Finish material to finish material 1/8" Tile- CRA06 0.86$ Accessories - Rubber Reducers - Finish material to floor 1/8" Underslung CRA07 1.54$ Accessories - Rubber Reducers - Finish material to floor 1/4" Underslung CRA08 0.93$ Accessories - Rubber Reducers - Finish material to floor 1/8" Reducer CRA09 3.98$ Accessories - Rubber Reducers - Finish material to floor 1/4" Reducer CRA10 5.28$ Accessories - Rubber Stair Installation Cove Stick (Natural Color Only - CRA11 2.69$ Accessories - Rubber Stair Nose to Flooring 1/8" Stair Nosing (12ft) CRS11 2.86$ Accessories - Rubber Stair Nose to Flooring 1/4" Undercut Nosing (12ft) CRS12 2.89$ Wall Base - Rubber Architectural Base - Straight Cut 8' Lengths AWB01 2.63$ Wall Base - Rubber Architectural Base - Straight Cut 8' Lengths AWB01 2.82$ DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 413 of 925

SUPPLIER: UOM
New York Region 1:

Bronx, Queens, Kings,
Richmond, Nassau,
Suffolk, Putnam,
Westchester & Orange
Counties
New York Region 2:

Erie, Niagara, St.

Lawrence, Franklin,
Essex, Jefferson, Lewis,
& Hamilton Counties
New York Region 3:

Remainder of State of
New York
Labor Description Labor Rate Labor Rate Labor Rate Non Union RateUnion Wage RateNon Union RateUnion Wage RateNon Union RateUnion Wage RateNon Union RateUnion Wage RateNon Union RateUnion Wage RateNon Union RateUnion Wage Rate Monday - Friday Standard 8 Hour Shift - Hourly Labor Rate for Flooring Contract Labor Services Not Listed HR $168.03 $168.03 $124.48 $124.48 $168.03 $82.23 $111.02 $82.23 $111.02 $82.23 $111.02 $101.20 $136.64 Open Market Open Market Monday - Friday Overtime - Add SY $6.12 $6.12 $4.88 $4.88 $6.12 $3.81 $4.78 $3.81 $4.78 $3.81 $4.78 $4.83 $6.05 Open Market Open Market Saturday - Add SY $6.12 $6.12 $4.88 $4.88 $6.12 $3.81 $4.78 $3.81 $4.78 $3.81 $4.78 $4.83 $6.05 Open Market Open Market Sunday & Holiday - Add SY $9.17 $9.17 $7.34 $7.34 $9.17 $5.73 $7.16 $5.73 $7.16 $5.73 $7.16 $7.27 $9.07 Open Market Open Market Installation Broadloom (direct glue down) SY $14.84 $14.84 $10.99 $10.99 $14.84 $7.85 $10.61 $8.46 $11.42 $8.46 $11.42 $10.86 $14.65 Open Market Open Market Installation Broadloom (direct glue down w/ pattern)SY $15.65 $15.65 $11.59 $11.59 $15.65 $8.46 $11.42 $9.06 $12.23 $9.06 $12.23 $11.46 $15.46 Open Market Open Market Installation Carpet Tile SY $12.81 $12.81 $9.50 $9.50 $12.81 $6.71 $9.06 $7.34 $9.91 $7.34 $9.91 $9.01 $11.26 Open Market Open Market Removal of Double Stick Installation SY $13.19 $13.19 $9.77 $9.77 $13.19 $7.24 $9.79 $7.24 $9.79 $7.24 $9.79 $9.66 $13.05 Open Market Open Market Removal of Broadloom (direct glue down) SY $6.69 $6.69 $4.96 $4.96 $6.69 $3.62 $4.90 $3.62 $4.90 $3.62 $4.90 $4.84 $6.52 Open Market Open Market Removal of Carpet Tile SY $6.41 $6.41 $4.74 $4.74 $6.41 $3.62 $4.90 $3.62 $4.90 $3.62 $4.90 $4.43 $5.99 Open Market Open Market Removal/Disposal Resilient Flooring SF $2.14 $2.14 $1.58 $1.58 $2.14 $1.27 $1.71 $1.46 $1.98 $1.46 $1.98 $1.46 $1.98 Open Market Open Market Carpet Disposal SY $1.71 $1.71 $1.27 $1.27 $1.71 $0.88 $1.21 $1.11 $1.49 $1.11 $1.49 $1.13 $1.53 Open Market Open Market Broadloom or Carpet Tile Reclamation Fee SY $3.85 $3.85 $2.85 $2.85 $3.85 $2.53 $3.42 $2.65 $3.59 $2.65 $3.59 $2.65 $3.59 Open Market Open Market Installation of VCT SF $2.98 $2.98 $2.22 $2.22 $2.98 $1.42 $1.92 $1.54 $2.08 $1.54 $2.08 $1.89 $2.56 Open Market Open Market Installation of Luxury Vinyl Tile (Planks or Squares)SF $4.08 $4.08 $3.03 $3.03 $4.08 $1.89 $2.56 $2.22 $2.98 $2.22 $2.98 $2.85 $3.85 Open Market Open Market Installation of Laminate (Planks or Squares) SF $4.18 $4.18 $3.10 $3.10 $4.18 $2.28 $2.91 $2.40 $3.16 $2.40 $3.16 $3.03 $4.12 Open Market Open Market Installation of Rubber Tile SF $4.45 $4.45 $3.55 $3.55 $4.45 $2.41 $3.27 $2.54 $3.44 $2.54 $3.44 $3.27 $4.41 Open Market Open Market Installation of Rubber Roll SF $8.21 $8.21 $6.57 $6.57 $8.21 $4.72 $5.90 $4.96 $6.21 $4.96 $6.21 $6.36 $7.96 Open Market Open Market Installation of Sheet Vinyl SY $30.77 $30.77 $22.80 $22.80 $30.77 $19.61 $26.49 $19.61 $26.49 $19.61 $26.49 $22.63 $30.57 Open Market Open Market Heat Welding (Sheet Vinyl) LF $6.10 $6.10 $4.52 $4.52 $6.10 $3.81 $5.13 $3.93 $5.30 $3.93 $5.30 $4.41 $5.96 Open Market Open Market Installation Flash cove (Sheet Vinyl/Rubber Roll-excludes metal finish piece) LF $15.64 $15.64 $11.59 $11.59 $15.64 $8.13 $10.97 $9.06 $12.23 $9.06 $12.23 $11.47 $15.49 Open Market Open Market Engineered Hardwood Flooring Glue Down Installation over Concrete standard straight lay (includes equipment for dust collection and protective gear) SF $15.58 $15.58 $10.12 $10.12 $15.58 $8.04 $12.37 $8.23 $12.65 $8.23 $12.65 $9.80 $15.08 Open Market Open Market Palletize/Shrink Wrap old carpet for reclamationSY $3.42 $3.42 $2.53 $2.53 $3.42 $1.89 $2.56 $2.22 $2.98 $2.22 $2.98 $2.22 $2.98 Open Market Open Market Conventional Furniture Moving (Light) SY $5.87 $5.87 $4.35 $4.35 $5.87 $3.62 $4.90 $3.62 $4.90 $3.62 $4.90 $4.23 $5.71 Open Market Open Market Conventional Furniture Moving (Medium) SY $7.49 $7.49 $5.55 $5.55 $7.49 $4.84 $6.52 $4.84 $6.52 $4.84 $6.52 $5.44 $7.34 Open Market Open Market L I F T Systems / Carpet Tile Projects Only - Add SY $21.66 $21.66 $16.05 $16.05 $21.66 $13.63 $18.41 $14.86 $20.06 $14.86 $20.06 $16.05 $21.66 Open Market Open Market Moisture Testing EA $341.57 $341.57 $253.02 $253.02 $341.57 $189.76 $256.17 $221.40 $298.88 $221.40 $298.88 $221.40 $298.88 Open Market Open Market Night / Saturday Labor - Add SY $6.12 $6.12 $4.88 $4.88 $6.12 $3.56 $4.46 $3.81 $4.78 $3.81 $4.78 $4.83 $6.05 Open Market Open Market Sunday / Holiday Labor - Add SY $9.17 $9.17 $7.34 $7.34 $9.17 $5.35 $6.69 $5.73 $7.16 $5.73 $7.16 $7.27 $9.07 Open Market Open Market Install Base LF $4.92 $4.92 $3.47 $3.47 $4.92 $2.53 $3.63 $2.53 $3.63 $2.53 $3.63 $3.30 $4.68 Open Market Open Market Furnish / Install Base, Std. 4-Inch Vinyl/Rubber Blend, Black/Brown LF $5.55 $5.55 $4.10 $4.10 $5.55 $3.16 $4.26 $3.16 $4.26 $3.16 $4.26 $3.93 $5.31 Open Market Open Market Furnish / Install Base, Std. 6-Inch Vinyl/Rubber Blend, Black/Brown LF $6.51 $6.51 $4.83 $4.83 $6.51 $3.71 $5.02 $3.71 $5.02 $3.71 $5.02 $4.63 $6.24 Open Market Open Market Furnish / Install Transition, Standard,
Black/Brown/Gold/Silver LF $6.83 $6.83 $5.05 $5.05 $6.83 $3.79 $5.10 $3.79 $5.10 $3.79 $5.10 $4.86 $6.55 Open Market Open Market Furnish / Install Ceramic Tile SF $63.80 $63.80 $47.26 $47.26 $63.80 $36.75 $49.62 $36.75 $49.62 $36.75 $49.62 $47.26 $63.78 Open Market Open Market Floor Prep - Skim Coating to 1/8 Inch (Labor and Portland Based Material. Excludes leveling.) SF $2.98 $2.98 $2.22 $2.22 $2.98 $1.52 $2.05 $1.77 $2.39 $1.77 $2.39 $1.89 $2.56 Open Market Open Market Hourly Labor Rate for Flooring Contract Labor Services not Listed HR $168.03 $168.03 $124.48 $124.48 $168.03 $63.25 $85.39 $82.23 $111.02 $82.23 $111.02 $101.20 $136.64 Open Market Open Market Supplemental Benefits HR $26.26 $26.26 $26.26 $26.26 $26.26 $26.26 $26.26 $26.26 $26.26 $26.26 $26.26 $26.26 $26.26 Open Market Open Market Project Management Fee is included if labor is provided directly by MohawkONE Open Market Open Market
LABOR NOTES:

Labor prices are not to exceed prices and are effective 4/15/21.

Installation of floor coverings are for direct glue down installation and include installation of floor covering and minor floor prep, defined as filling of minor gaps and voids no larger than 1/8"x1/8" and sweeping and are based on a clean and clear floor.

Other services and ancillary items are available through Mohawk. These services are quoted job by job and negotiated between Mohawk and the customer.

Ceramic tile material pricing includes standard profile tile product suitable for light to medium indoor commercial applications.

Additional charges may apply for Fingerprinting and Background Checks.

Labor quoted job by job for Alaska, Hawaii, American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Marina Islands, Puerto Rico, and U.S. Virgin Islands.

LABOR EXCLUSIONS:

Asbestos Testing and Abatement
Border Labor
Carpet Cleaning
Ceramic tile furnish and install, in addition to other stated exclusions herein, excludes accessories, trim pieces, specialty tiles, moisture membranes, flashing, wet area installations, setting materials, grout, transitions, freight and fuel surcharges Cleaning, sanding, refinishing, or sealing of new flooring Non-Continental:

AK & HI
West

CA, CO, HI, AK, NV, NM, OR, WA, WY,

MT, ID, SD, ND, UT
South:

AR, AZ, TX, LA, MS
Southeast Region:

AL, FL, GA, KY, NC, SC,
Northeast Region:

MA, ME, VT, NH, CT, RI, PA, VA, DC, RI,

MD, DE, NJ
Central:

KS, OH, MI, MN, WI, MO, OK, MS, NE,

IA, PA, IL, IN
DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 414 of 925

Delivery/Handling to job site from installer warehouse
Disposal of Existing Hard Tile Flooring
Dumpster Charges
Excessive trip charges and/or small job charges less than 200sy or 1,800sf per trade Excessive cutting/trimming/sanding/staining of hardwood/flooring for custom pattern work Extensive floor exceeding the above described floor prep Furniture Moving (high density or extraordinary)
Hoisting
Material, adhesive, pad, underlayment, base inside corners, base outside corners, entry mats, felt paper, rosin paper, moldings, plywood, solid wood planks or sleepers, vapor retarder, unless otherwise noted.

Millwork/trim/transition/quarter round/wood base for completion of hardwood installation Moisture Remediation/Abatement
Moving of computers, telephony, equipment, or personal items Pattern match labor or custom pattern labor, unless otherwise noted Payment and Performance Insurance Bonds
Phasing Labor
Protection of Floors
Reclamation Government Imposed Fees are Excluded wherever applicable.

Reclamation fee excludes packaging, palletization, and shipment to reclamation processor Removal/disposal of floorings other than quoted above
Sales Tax - Local, State, and Federal
Stair Labor
Storage of Materials long-term
Transitions exclude Schluter or similar needed for ceramic tile installation Union upcharges
DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 415 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 14 of 17

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)
DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 416 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 15 of 17

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 insuranc e 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 w ith California workers’ compensation l aws. Such insurance shall be kept in full force and effect during the term of this Agreement , including any extensions. Such insurance shall not be cancela ble 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 i nsureds by blanket shall be delivered to and approved by City prior to commencement of services. The procuring of such insuran ce certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemn ify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance requir ed 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) combin ed single limit coverage per occurrenc e and two million dollars ($2,000,000) general aggregate;

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

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

4. Workers’ Compensation insurance in the statutory amount as re quired 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 offi cials, officers, employees, agents, and volunteers. Any insu rance 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 waiv e all rights of subrogation and DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 417 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 16 of 17

contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be prov ided 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++, Clas s VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and blanket endorsements, including blanket additional insured endorsements, affecting all of the cov erages required by this Agreement. The certificates 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. Additional insured endorsements are not requi red for Errors and Omissions and Workers’ Compensation policies.

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

A. "The City of Palm Springs, its officials, employees, and agents are included 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 no n-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 issuin g company will mail 30 days written no tice 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 no t 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 officia ls, officers, employees, agents, and volunteers.

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insura nce must be authorized by a person wit h authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

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

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 418 of 925

55575.00001\40098778.2

Revised 2.9.22 Page 17 of 17

7. Deductibles and Self-Insured Retentions. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insu reds). This insurance applies separately to each insured agai nst whom claim is made or suit is brou ght except with respect to the limits of the insurer’s liability.

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 419 of 925

DocuSign Envelope ID: 4259CC7C-AEC5-439F-8F1A-DAC872C6F17C

M – Page 420 of 925

ATTACHMENT D
Amendment No. 1

M – Page 421 of 925

AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT NO. A9145

FOR SYSTEMWIDE FLOORING AND INSTALLATION SERVICES
OMNIA PARTNERS CONTRACT 2020002149

This Amendment No. 1 to the Contract Services Agreement ( A9145), (“Amendment No. 1”), is made and entered into this _____ day of _____________, 202 2, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Mohawk Commercial, Inc. , a Delaware corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. On June 15, 2022, the City Manager approved A9145, made and entered into in reference to the competitively solicited Omnia Partners Contract No. 2020002149 with Contractor (“Cooperative Agreement”).

B. City desire to extend the Term of Contract Services Agreement No. 9145 (A9145) through June 14, 2025, and amend A9145 to add $225,000, for maximum contract amount not to exceed $300,000.

C. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Third Amendment.

SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:

“3.1 Compensation and Payment. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $300,000.”

SECTION 3. 4.4 Term. Is hereby replaced in its entirety as follows:

“4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect, commencing on June 15, 2022, and DocuSign Envelope ID: 2844807F-8605-4C08-9354-1616B1AFEC40 December8th

M – Page 422 of 925

continuing through June 14, 202 5, unless extended by mutual written consent of the Parties.”

SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9145, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the pr ovisions of this Amendment No. 1 and any provisions of the Contract Services Agreement A9145, the provisions of this Amendment No. 1 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1 , such party is formal ly bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 1 , all terms and provisions of Agreement No. A9145 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 2844807F-8605-4C08-9354-1616B1AFEC40

M – Page 423 of 925

SIGNATURE PAGE TO AMENDMENT NO. 1 (A9145) BY AND BETWEEN THE CITY OF PALM SPRINGS AND MOHAWK COMMERCIAL, INC.

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

CONT
RACTOR:

By
:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CI
TY OF PALM SPRINGS:

APP
ROVED BY CITY COUNCIL:

Date: December 5, 2022__ Item No. 1.D.

APP
ROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney Cit y Clerk
APPR
OVED:

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
12/7/2022
DocuSign Envelope ID: 2844807F-8605-4C08-9354-1616B1AFEC40 12/8/2022

M – Page 424 of 925

ATTACHMENT E
Amendment No. 2

M – Page 425 of 925

M – Page 426 of 925

M – Page 427 of 925

M – Page 428 of 925

ATTACHMENT F
Amendment No. 3

M – Page 429 of 925

55575.18100\42913029.1

(BB&K 2024)

AMENDMENT NO. 03 TO THE SYSTEMWIDE FLOORING AND
INSTALLATION SERVICES A9145
BETWEEN THE CITY PALM SPRINGS AND MOHAWK COMMERCIAL, INC.

1. Parties and Date.

This Amendment No. 03 to the Systemwide flooring and installation services (A9145), is made and entered into as of this 9th day of June 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Mohawk Commercial, Inc., a Delaware corporation. City and Contractor, are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. On June 15, 2022, the City Manager approved A9145, made and entered into reference to the competitively solicited Omina Partners Contract No. 2020002149 with Contractor (“Cooperative Agreement”).

2.2 Amendment No. 01, Amendment. City and Contractor entered into Amendment No. 01 to the Agreement, dated December 8, 2022, for the purpose of extending the term to continue through June 14, 2025, and amend funds by adding $225,000.00, for a total contract balance not to exceed $300,000.00.

2.3 Amendment No. 02, Amendment. City and Contractor entered into Amendment No. 02 to the Agreement, dated March 18, 202 4, for the purpose of extending the term to continue through June 14, 2025, and amend funds by adding $ 160,000.00 for a total contract balance not to exceed $460,000.00.

2.4 Amendment Purpose. City and Contractor now desire to amend the Agreement to continue services by extending one (1) year and adding $80,000.00 no to exceed the amount of $540,000.00.

2.5 Amendment Authority. This Amendment No. 03 is authorized pursuant to Section

3.3 Changes of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1 Compensation and Payment of the Agreement is hereby amended in its entirety to read as follows:

“3.1 Compensation and Payment. Contractor shall be compensated and reimbursed for the services rende red under this Ag reement in accordance with the schedule of fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed $540,000.00.

3.2 Amendment. Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows:

Docusign Envelope ID: 337A407F-FAC8-416E-8C95-7C57FBD21523

M – Page 430 of 925

55575.18100\42913029.1

(BB&K 2024)

“4.4 Terms. Unless earlier terminated in accordance with Section 4.5 of this Agreement, the Agreement shall continue in full force and effect, commencing on June 15, 2022, and June 14, 2026 , unless extended by mutual written consent of the Parties.”

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 03, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 03. From and after the date of this Amendment No. 03, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 03.

3.4 Adequate Consideration . The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 03.

3.5 Severability. If any portion of this Amendment No. 03 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 03 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

Docusign Envelope ID: 337A407F-FAC8-416E-8C95-7C57FBD21523

M – Page 431 of 925

55575.18100\42913029.1

(BB&K 2024)

SIGNATURE PAGE FOR AMENDMENT NO. 03 TO THE SYSTEMWIDE FLOORING AND INSTALLATION SERVICES (A9145)
BETWEEN THE CITY PALM SPRINGS AND MOHAWK COMMERCIAL, INC.

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

CONTRACTOR:

By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Docusign Envelope ID: 337A407F-FAC8-416E-8C95-7C57FBD21523 6/10/2025
6/10/2025
6/10/2025

M – Page 432 of 925

CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH

ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS LLC, FOR

CONSTRUCTION MANAGEMENT SERVICES, PUBLIC OUTREACH,

INSPECTION AND MATERIALS TESTING SERVICES IN THE AMOUNT OF $5,933,034.52 AND APPROVAL OF THE CALTRANS FUNDING

COMMITMENT LETTER FOR THE RAMON ROAD WIDENING (FROM
SAN LUIS REY DR. TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:

Award of this professional services agreement and approval of a Funding Commitment Letter with Caltrans will allow the City to proceed with construction preparation of the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040), (the “Project”).

RECOMMENDATION:

1. Approve a Professional Services Agreement with Accenture Infrastructure and Capital Projects LLC, in the amount of $5,933,034.52 for construction management, inspection, public outreach, and materials testing services;

2. Authorize the City Manager to execute the Local Agency AC Commitment Block of the Caltrans Funding Commitment Letter regarding the cash management policy for projects over $35 Million; and

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Accenture Infrastructure and Capital Projects LLC (Accenture) Public Integrity Disclosure Form is included as Attachment A.

N – Page 433 of 925

City Council Staff Report
March 11, 2026 -- Page 2
Accenture Agreement – Ramon Road Widening
BACKGROUND:

In 2008, the City of Palm Springs, the City of Cathedral City, and the Agua Caliente Band of Cahuilla Indians submitted a letter to CVAG requesting funding for a Project Study Report (PSR) to identify the Project details and overall scope for the widening of Ramon Road to its full 6-lane width, extending from San Luis Rey Drive to Landau Boulevard, including widening of the existing bridge over the Whitewater River. A location map is provided in Figure 1 for reference.

Figure 1 – Location Map
Subsequently, CVAG funding was approved and the City entered into a Professional Services Agreement with CNS Engineering Inc. (CNS) to prepare the PSR, which would detail the overall Project scope and funding package to submit to the Federal Highway Bridge Program (HBP), which is administered by the State of California Department of Transportation (“Caltrans”).

The federal funding request was ultimately approved by Caltrans, with the HBP funds covering 88.53% of eligible Project costs, requiring an 11.47% local match. Pursuant to a previous funding agreement with CVAG and Cathedral City, the local funding amounts were funded by CVAG with 75% Regional Measure A funds with the remaining 25% appropriately split between Palm Springs and Cathedral City. Any costs that are not eligible per HBP funding requirements will be split between CVAG and both Cities. The budget with Caltrans has been revised over time as additional scope and costs have been identified. The most current funding request is detailed in the Staff Analysis below.

STAFF ANALYSIS:

Given the scale of the Ramon Bridge Project, it is essential that the City engages early

N – Page 434 of 925

City Council Staff Report
March 11, 2026 -- Page 3
Accenture Agreement – Ramon Road Widening
with a construction management firm to ensure all preconstruction surveys are completed, environmental measures are in compliance per current mandate updates, to develop and administer a community outreach program to include public outreach meetings before and during construction, and recommend the most efficient project staging to reduce impacts to traffic and the surrounding communities/businesses.

Request for Proposals for Construction Management Services On October 30, 2025, the City issued Request for Proposals (RFP) 08-25-CM to invite consultants to provide proposals for “turnkey” construction management, inspection, material testing, and preconstruction services needed for the Project. As a federally funded Project, this scope of work required a separate solicitation in accordance with federal guidelines.

On December 4, 2025, the City received a total of five (5) proposals from 3D Built, Accenture, CHA Consulting, Inc., Fountainhead Consulting Corporation, and Southstar Engineering & Consulting, Inc.

An evaluation committee reviewed the proposals following the federal process for consultant selection based on qualifications and experience per the criteria specified in the RFP. Based on this review, the evaluation committee recommended Accenture as the most qualified consultant for these services. It is important to note that the fee cannot be a factor in picking the most qualified firm to provide professional services. However, after Accenture was picked as the most qualified professional firm, staff negotiated the final scope and fee and reduced the original fee by approximately $1,200,000. After negotiations, staff believe that Accenture has presented a fair and reasonable price for the requested scope. A copy of the Agreement with Accenture is included as Attachment B.

Funding Commitment Letter with Caltrans
The California Department of Transportation, in cooperation with the HBP advisory committee, has implemented a policy to fund high-cost bridge projects. High-cost projects commit large sums of federal funds which cannot be spent within one year. Given the timeline to complete such projects and implement more efficient cash management practices, Caltrans and the HBP Advisory committee have decided in the best interest of the program as a whole that portions of these idle federal funds can be used to advance other federal projects.

The updates to the cash management practices apply to federal projects whose construction phase exceeds $35 million. Currently, the construction cost of the Project is estimated at $74 million. Since the Ramon Bridge Project is next in line for release of federal funds, Caltrans has provided a Funding Commitment Letter and associated funding sheet. Caltrans will commit to programming the funding in the manner proposed on the funding sheet once the City signs the AC Commitment Block. Caltrans indicated

N – Page 435 of 925

City Council Staff Report
March 11, 2026 -- Page 4
Accenture Agreement – Ramon Road Widening
that there are multiple projects in line for this funding commitment and requested the City sign as soon as possible to ensure HBP funds are available throughout the construction phase, which is anticipated to start by August 2026.

The acronym “AC” stands for “Advanced Construction” and is the federal term used to indicate that the project is fully funded for the purposes of providing authorization to proceed. Funds programmed in “AC” represent the federal share of funding that is financed by local funds until such time that the AC funding can be converted to true federal dollars as the budget allows. The funding sheet provided with the Funding Commitment Letter shows when Caltrans will commit to converting the AC funding to real federal funds.

The AC Commitment Block in the Funding Commitment Letter represents the City’s acknowledgement that it will use local funds to finance the project until such time that federal funds are available for obligation.

Staff has reviewed the proposed Funding Commitment Letter and proposed conditions and supports the execution of the AC Commitment Block. A copy of the Funding Commitment Letter and associated funding sheet is included as Attachment C.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On May 7, 2014, the City Council adopted Resolution No. 23544, adopting and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently, on May 14, 2014, Staff filed a Notice of Determination with the Riverside County Clerk and State Clearinghouse.

The Project is funded, in part, by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On June 9, 2014, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), and that it qualifies for a Categorical Exclusion in accordance with 23 USC 327. Subsequently, on January 21, 2016, Caltrans completed a NEPA re-validation of the Project, confirming that the prior NEPA determination for the Project remains valid.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

N – Page 436 of 925

City Council Staff Report
March 11, 2026 -- Page 5
Accenture Agreement – Ramon Road Widening
FISCAL IMPACT:

Sufficient funding is available to approve the Accenture Agreement in the amount of $5,933,034.52 from the following accounts:
Capital Project Fund (261); $5,252,515.46 (88.53% – Caltrans share) Regional Measure A Fund (134); $510,389.29 (75% of 11.47% - CVAG share) Local Measure A Fund (134); $68,051.91 (10% of 11.47% - Palm Springs share) Capital Project Fund (261); $102,077.86 (15% of 11.47% - Cathedral City share) The City will finance the initial upfront costs, however, through reimbursements with the other Agencies, the above amount is what the City is expected to spend for the term of the Construction Management agreement.

Note, the local share (25% of the 11.47%) cost for Construction Management services between the City and Cathedral City is based on the January 9, 2020, Amendment No.1 to the Cooperative Agreement A6923 between both Cities. For construction costs, this split will vary as it is dependent upon how much construction is taking place with the right- of-way of each City. As such, this split may be updated in the future once the construction bids are received.

REVIEWED BY:

Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
Director of Finance: Kristopher J. Mooney
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Accenture Agreement (Link to City webpage)
C. Funding Commitment Letter and associated Funding Sheet

N – Page 437 of 925

Attachment A

Public Integrity Disclosure Form - Accenture

N – Page 438 of 925

/i255
/i255/i255 /i255
/i255
/i255
/2 /3 /4 /5 /6 /7 /i255 /6 /9 /10 /11/12/13/6 /10 /14 /i255 /15 /6 /16 /7 /5/17/16/3 /13 /11 /i255 /18 /2 /2 /5 /6 /7 /18 /9 /10 /i255 /15 /6 /16 /7 /5/17/16/3 /13 /11 /i255 /19/17/13/20/i255 /i255
/i255
/i255
/21 /22 /i255 /24 /25 /26/27 /i255 /28 /29 /i255 /30 /31 /32 /33 /32 /34 /i255 /35 /22 /i255 /36 /37 /37/38 /27 /39 /39 /i255 /28 /29 /i255 /30 /31 /32 /33 /32 /34 /i255 /40 /41 /38 /33 /31 /42 /33 /43 /25 /44 /i255 /41 /44 /25 /42 /27 /i255 /28 /29 /i255 /45 /46 /39 /33 /31 /27 /39 /39 /47 /i255 /48 /22 /i255 /49 /28 /42/25 /44 /i255 /28 /38 /i255 /50 /25 /44 /33 /29 /28 /38 /31 /33 /25 /i255 /36 /37 /37 /38 /27 /39 /39 /i255 /40 /33 /29 /i255 /37 /33 /29 /29 /27 /38 /27 /31 /32 /i255 /32 /51 /25 /31 /i255 /52 /35 /47 /i255 /53 /22 /i255 /54 /32 /25/32 /27 /i255 /55 /51 /27 /38 /27 /i255 /30 /31 /32 /33 /32 /34 /i255 /33 /39 /i255 /56 /27 /57 /33 /39 /32 /27 /38 /27 /37 /i255 /55 /33 /32 /51 /i255 /54 /27 /42 /38 /27 /32 /25 /38 /34 /i255 /28 /29 /i255 /54 /32 /25 /32 /27 /i255 /i255
/i255
/i255
/58 /29 /i255 /28/32 /51 /27 /38 /i255 /32 /51 /25 /31 /i255 /50 /25 /44 /33 /29 /28 /38 /31 /33 /25 /59 /i255 /33 /39 /i255 /32 /51 /27 /i255 /30 /31 /32 /33 /32 /34 /i255 /25 /44 /39 /28 /i255 /38 /27 /57 /33 /39 /32 /27 /38 /27 /37 /i255 /33 /31 /i255 /50 /25 /44 /33 /29 /28 /38 /31 /33 /25 /60 /i255/61/i255/62 /63 /64 /i255/61/i255/66/67/i255 /68 /22 /i255 /69 /34 /43/27 /i255 /28 /29 /i255 /30 /31 /32 /33 /32 /34 /i255 /61/i255/50 /28/38 /43 /28 /38 /25 /32 /33 /28 /31 /i255/61/i255/49 /33/26/33/32 /27 /37 /i255 /49 /33 /25 /70 /33 /44 /33 /32 /34 /i255 /50 /28/26/43/25 /31 /34 /i255/61/i255/41 /25 /38 /32 /31 /27 /38 /39 /51 /33 /43 /i255/61/i255/69 /38 /46 /39 /32 /i255/61/i255/71/32/51 /27 /38 /i255 /40 /43 /44 /27 /25 /39 /27 /i255 /39 /43 /27 /42 /33 /29 /34 /47 /i255 /72 /73 /i255/74/75/75 /76/77 /78 /79 /80 /81 /i255 /82 /76 /79 /78 /77 /83 /84 /79 /80 /81 /i255/85/78/86/87/78 /79 /80 /81 /i255/85/88/89 /88 /90 /78 /79 /80 /81 /i255 /91 /79 /92 /80 /83 /78 /78 /80 /81 /i255/74/83/93 /78 /79 /i255 /i255 /94 /76 /95 /92 /77 /76 /88 /79 /76 /78 /80 /i255 /i255 /96 /97 /98 /78 /88 /80 /78 /i255 /80/97 /78 /77 /76 /75 /99 /100 /i255 /101 /84/83 /78 /102 /i255 /103 /75 /i255 /88 /89 /99 /i255 /79 /78 /80 /97 /84 /89 /80 /78 /i255 /76 /80 /i255 /89 /84 /83 /i255 /88 /i255 /89 /88 /83 /92 /79 /88 /98 /i255 /97 /78 /79 /80 /84 /89 /81 /i255 /97 /98 /78 /88 /80 /78 /i255 /76 /95 /78 /89 /83 /76 /75 /99 /i255 /88 /98 /98 /i255 /84 /75 /75 /76 /77 /78 /79 /80 /81 /i255 /95 /76 /79/78 /77 /83 /84 /79 /80 /81 /i255 /86/78/86/87/78 /79 /80 /81 /i255/86/88/89 /88 /90 /78 /79 /80 /i255 /88 /89 /95 /i255 /84 /83 /93 /78 /79 /i255 /75 /76 /95 /92 /77 /76 /88 /79 /76 /78 /80 /i255 /75 /84 /79 /i255 /83 /93 /78 /i255/86/78/86/87/78 /79 /81 /i255/86/88/89 /88 /90 /78 /79 /81 /i255 /83 /79 /92 /80 /83 /81 /i255 /84/79 /i255 /84 /83 /93 /78 /79 /i255 /78 /89/83 /76 /83 /99 /i255
/i255
/i255
/i255 /i255 /i255/i255 /i255/61/i255/71/29/29 /33 /42 /27 /38 /i255/61/i255/104 /33 /38 /27 /42 /32 /28 /38 /i255/61/i255/105/27 /26/70/27 /38 /i255/61/i255/105/25/31 /25/57 /27 /38 /i255 /106 /31 /25/26/27/107/i255/i255 /61 /i255/108/27/31 /27 /38 /25 /44 /i255 /41 /25 /38 /32 /31 /27 /38 /i255/61/i255/49 /33/26/33/32 /27 /37 /i255 /41 /25 /38 /32 /31/27 /38 /i255 /61/71 /32/51 /27 /38 /i255 /i255 /i255 /i255
/i255
/i255 /i255 /i255/i255 /i255/61/i255/71/29/29 /33 /42 /27 /38 /i255/61/i255/104 /33 /38 /27 /42 /32 /28 /38 /i255/61/i255/105/27 /26/70/27 /38 /i255/61/i255/105/25/31 /25/57 /27 /38 /i255 /106 /31 /25/26/27/107/i255/i255 /61 /i255/108/27/31 /27 /38 /25 /44 /i255 /41 /25 /38 /32 /31 /27 /38 /i255/61/i255/49 /33/26/33/32 /27 /37 /i255 /41 /25 /38 /32 /31/27 /38 /i255 /61/i255/71/32/51 /27 /38 /i255 /i255 /i255 /i255
/i255
/i255
/i255 /i255 /i255/i255 /61/i255/71/29/29 /33 /42 /27 /38 /i255/61/i255/104 /33 /38 /27 /42 /32 /28 /38 /i255/61/i255/105/27 /26/70/27 /38 /i255/61/i255/105/25/31 /25/57 /27 /38 /i255 /106 /31 /25/26/27/107/i255/i255 /61 /i255/108/27/31 /27 /38 /25 /44 /i255 /41 /25 /38 /32 /31 /27 /38 /i255/61/i255/49 /33/26/33/32 /27 /37 /i255 /41 /25 /38 /32 /31/27 /38 /i255 /61/i255/71/32/51 /27 /38 /i255 /i255 /i255 /i255
/109 /110 /110 /111 /112 /113 /114 /115 /111 /i255 /117 /112 /118 /115 /119 /120 /113 /115 /114 /110 /113 /114 /115 /111 /i255 /119 /112 /121 /i255 /122 /119 /123 /124 /113 /119 /125 /i255 /126 /115 /127 /128 /111 /110 /113 /120 /129 /i255 /130 /130 /122 /131 /132 /132 /i255 /134 /135 /136 /137 /138 /139 /140/141/i255/142 /136 /143 /138 /136 /139 /i255 /144 /139 /145 /i255 /134 /140 /146 /138 /136 /i255 /147 /148 /132 /132 /145 /i255 /149 /139 /150 /146 /143 /136 /145 /i255 /142 /151 /i255 /i255 /152 /153 /154 /147 /155 /156 /157 /156 /158 /159 /i255 /i255 /162 /163 /164 /i255/i255/166/162 /167 /168 /169 /i255 /170 /162 /167 /171 /163 /172 /i255 /173 /174 /167 /175 /163 /i255 /158 /159 /176 /172 /i255 /177 /166 /178/179/i255/170 /163 /180 /163 /162 /175 /172 /i255 /181 /182 /i255 /183 /176 /176 /184 /159 /185 /186 /187 /188 /189 /190 /191 /192 /188 /186
/193 /194 /195 /196 /197 /i255 /199 /196 /194 /194 /200 /201 /202 /203 /194 /204 /205 /206 /196/207/i255/208 /202 /196 /209
/210/196/194 /195 /i255 /199 /211 /211 /212 /203 /195
Item 1J - Page 10

N – Page 439 of 925

/0 /1/2/3/4 /5 /6 /7 /8 /9 /4 /10 /5 /7 /11 /12 /6 /7 /i255 /3 /14 /11 /15 /i255 /16 /i255 /17/18/i255/19 /5 /4 /5 /20 /14 /21 /14 /16 /22 /i255 /14 /4 /11 /5 /6 /5 /7 /11 /i255 /14 /4 /i255 /11 /15 /5 /i255 /23 /24 /24 /22 /14 /21 /16 /4 /11 /i255 /25 /4 /11 /14 /11 /26 /i255 /12 /6 /i255 /16 /i255 /6 /5 /22 /16 /11 /5 /27 /i255 /5 /4 /11 /14 /11 /26 /25 /28 /23/29/30/31 /25 /i255
/32 /33/34 /35 /i255 /37/38/35/i255
/39 /4 /16/40/5/i255 /12 /20 /i255 /12 /3 /4 /5 /6 /8 /14 /4 /10 /5 /7 /11 /12 /6 /41 /i255 /42 /43/44/45/i255 /33 /46 /47 /i255 /47/38/48/49/33 /34 /50 /45 /i255 /51 /52 /53 /54 /i255 /i255
/39 /24 /5 /6 /21 /5 /4 /11 /16 /55 /5 /i255 /12 /20 /i255 /19 /5 /4 /5 /20 /14 /21 /14 /16 /22 /i255 /14 /4 /11 /5 /6 /5 /7 /11 /i255 /14 /4 /i255 /5 /4/11 /14 /11 /26 /i255 /16 /4 /27 /i255 /4 /16/40/5/i255 /12 /20 /i255 /5 /4 /11 /14 /11 /26 /41 /i255 /23 /1 /i255/i255
/39 /4 /16/40/5/i255 /12 /20 /i255 /12 /3 /4 /5 /6 /8 /14 /4 /10 /5 /7 /11 /12 /6 /41 /i255 /i255
/39 /24 /5 /6 /21 /5 /4 /11 /16 /55 /5 /i255 /12 /20 /i255 /19 /5 /4 /5 /20 /14 /21 /14 /16 /22 /i255 /14 /4 /11 /5 /6 /5 /7 /11 /i255 /14 /4 /i255 /5 /4/11 /14 /11 /26 /i255 /16 /4 /27 /i255 /4 /16/40/5/i255 /12 /20 /i255 /5 /4 /11 /14 /11 /26 /41 /i255 /56 /1 /i255
/39 /4 /16/40/5/i255 /12 /20 /i255 /12 /3 /4 /5 /6 /8 /14 /4 /10 /5 /7 /11 /12 /6 /41 /i255 /i255
/39 /24 /5 /6 /21 /5 /4 /11 /16 /55 /5 /i255 /12 /20 /i255 /19 /5 /4 /5 /20 /14 /21 /14 /16 /22 /i255 /14 /4 /11 /5 /6 /5 /7 /11 /i255 /14 /4 /i255 /5 /4/11 /14 /11 /26 /i255 /16 /4 /27 /i255 /4 /16/40/5/i255 /12 /20 /i255 /5 /4 /11 /14 /11 /26 /41 /i255 /57 /1 /i255
/39 /4 /16/40/5/i255 /12 /20 /i255 /12 /3 /4 /5 /6 /8 /14 /4 /10 /5 /7 /11 /12 /6 /41 /i255 /i255
/39 /24 /5 /6 /21 /5 /4 /11 /16 /55 /5 /i255 /12 /20 /i255 /19 /5 /4 /5 /20 /14 /21 /14 /16 /22 /i255 /14 /4 /11 /5 /6 /5 /7 /11 /i255 /14 /4 /i255 /5 /4/11 /14 /11 /26 /i255 /16 /4 /27 /i255 /4 /16/40/5/i255 /12 /20 /i255 /5 /4 /11 /14 /11 /26 /41 /i255 /58 /1 /i255
/39 /4/16/40/5/i255 /12 /20 /i255 /12 /3 /4 /5 /6 /8 /14 /4 /10 /5 /7 /11 /12 /6 /41 /i255 /i255
/39 /24 /5 /6 /21 /5 /4 /11 /16 /55 /5 /i255 /12 /20 /i255 /19 /5 /4 /5 /20 /14 /21 /14 /16 /22 /i255 /14 /4 /11 /5 /6 /5 /7 /11 /i255 /14 /4 /i255 /5 /4/11 /14 /11 /26 /i255 /16 /4 /27 /i255 /4 /16/40/5/i255 /12 /20 /i255 /5 /4 /11 /14 /11 /26 /41 /i255 /25 /1 /i255
/39 /4/16/40/5/i255 /12 /20 /i255 /12 /3 /4 /5 /6 /8 /14 /4 /10 /5 /7 /11 /12 /6 /41 /i255 /i255
/39 /24 /5 /6 /21 /5 /4 /11 /16 /55 /5 /i255 /12 /20 /i255 /19 /5 /4 /5 /20 /14 /21 /14 /16 /22 /i255 /14 /4 /11 /5 /6 /5 /7 /11 /i255 /14 /4 /i255 /5 /4/11 /14 /11 /26 /i255 /16 /4 /27 /i255 /4 /16/40/5/i255 /12 /20 /i255 /5 /4 /11 /14 /11 /26 /41 /i255 /51 /i255 /37 /35 /47 /59/33 /60 /35 /i255 /61 /34 /37 /35 /60 /i255 /49 /35 /34 /33 /59 /62 /50 /i255/38/63/i255 /49 /35 /60 /32 /61 /60 /50 /i255 /61 /34 /37 /35 /60 /i255 /62 /64 /35 /i255 /59 /33/65/66/i255/38/63/i255 /62 /64 /35 /i255 /66 /62 /33 /62 /35 /i255 /38/63 /i255 /47 /33 /59 /51 /63 /38/60 /34 /51 /33 /i255 /62 /64 /33 /62 /i255 /62 /64 /35 /i255 /63/38/60/35/67/38/51/34/67/i255/51 /66 /i255 /62 /60 /61 /35 /i255 /33 /34 /37 /i255 /47/38/60/60 /35 /47 /62 /54 /i255 /68 /14 /55 /4 /16/11 /69 /6 /5 /i255 /12 /20 /i255 /58 /14 /7 /21 /22 /12 /7 /14 /4 /55 /i255 /30 /16 /6 /11 /26 /70 /i255 /30 /6 /14 /4 /11 /5 /27 /i255 /71 /16/40/5/70 /i255 /72 /14 /11 /22 /5/i255/58/16 /11 /5 /i255 /73/74 /74 /75 /76 /77 /78 /79 /75 /80 /i255 /82 /82 /83/84 /85 /85 /86 /87 /88 /85 /89 /88 /90 /85 /90 /89
/91 /92 /93 /94/76 /i255 /73 /77 /95 /94 /94 /96 /80 /i255 /83 /97 /80 /i255 /98 /75 /76 /99 /94 /79 /i255 /100 /99 /74 /75 /i255 /83 /79 /75 /93 /99 /96 /75 /76 /77 Item 1J - Page 11

N – Page 440 of 925

Attachment B
Agreement - Accenture
(Click here to be
redirected to the City's
webpage)
https://publicportal.palmspringsca.gov/WebLink/
DocView.aspx?id=1448344&dbid=0&repo=CityHall-Primary

N – Page 441 of 925

Attachment C

Caltrans Funding Commitment Letter

N – Page 442 of 925

“Improving lives and communities through transportation” DISTRICT 8 OFFICE OF LOCAL ASSISTANCE
464 WEST FOURTH STREET ms760 | SAN BERNARDINO, CA 92401 (951) 236-0135 |
www.dot.ca.gov/caltrans -near-me/district-8

February 3, 2026

Joel Montalvo FTIP/FSTIP ID: RIV110124
City Engineer Federal Aid Project Number: 5282(040)
Engineering Services Department Project Description: Widen Ramon Road City of Palm Springs Bridge (56C0287) Over Whitewater River 3200 East Tahquitz Canyon Way
Palm Springs, CA 92262

Dear Mr. Montalvo:

The purpose of this letter is to commit the California Department of Transportation (Department) to fund the widening of the Ramon Road Bridge (56C0287) over the Whitewater River construction project (Project) consistent with the attached draft project funding sheet.

The Department requests the City of Palm Springs (Agency) to concur with this proposal and commit local resources to allow the Department to produce a new financially constrained Highway Bridge Program (HBP) list for the Association of Riverside County Transportation Commission (RCTC). RCTC will then incorporate the revised Program list into the Federal Transportation Improvement Program (FTIP).

The Department, in cooperation with the Local Highway Bridge Program (HBP) Advisory Committee (California Streets & Highway Code Section 2413), has implemented a policy to fund high cost bridge projects. Members of Local HBP Advisory Committee include the Department (Chair), representatives from the League of California Cities, the California State Association of Counties, the California Association of Councils of Governments, California Transportation Commission staff, and the Federal Highway Administration.

It has been demonstrated that high cost projects commit large sums of federal funds but cannot spend the funds in one year due to local agency contract processes, time to mobilize the contractors and the time it takes to actually construct large projects. These idled federal funds could be used to advance other projects. Cash management is critical to effective stewardship of the local HBP.

This letter implements the cash management policy for the Project. The Project is subject to the high cost policy because the Construction phase exceeds $35 million.

The Department’s funding commitments, as shown in the attached draft project funding sheet, are conditional. The conditions are as follows:

1. Agency is responsible for committing (budgetary) non-federal fund sources to fund the Advance Construction (AC) to cash flow the high cost phase of the Project.

N – Page 443 of 925

Mr. Joel Montalbo, FTIP/FSTIP ID: RIV110124
City Engineer Federal Aid Project Number: 5282(040)
February 03, 2026 Project Description: Widen Ramon Road

“Improving lives and communities through transportation”

2. AC conversion may not be automatic if there are delays in constructing the Project. At least 50% of the federal funds obligated on the Project must be reimbursed to justify future programmed AC conversion.

3. HBP Guidelines authorizes the Department to reserve current year HBP funds for projects programmed in that current year through March 30th. After March 30th, the Department redirects the HBP funds to other projects that may be advanced from future years of the FTIP. Current year programmed AC conversion must be obligated prior to March 30th.

4. Additional AC conversion may be obligated in Federal Fiscal Years (FFY) 26/27, 27/28, and 28/29, using Expedited Project Selection Procedures (EPSP), if HBP funds are available after April 15th of each year.

5. Congress has authorized a five-year transportation act which provides federal funding through FFY 25/26. It is unknown what the State’s authority to commit and/or obligate future HBP funds will be until there is either a new act or an extension to the current act.

6. If the federal funds for the initial authorization of the Construction phase shown in the attached draft project funding sheet is not obligated in the year programmed, the Agency must commit additional local AC resources on the project in the following year to ensure the Project is fully funded or the project must be removed from the 4 year element of the FTIP until the next FTIP cycle. In either case, the funding commitment in this letter will be vacated and a new letter must be developed.

7. In the event the Project becomes inactive, the funding commitment in this letter may be vacated and a new letter must be developed. An “inactive project” is a project for which no expenditures have been charged against federal funds for the past 12 months. (23CFR630.106(a)(5))

8. Nothing in this letter can be considered a payable contractual commitment by the Department. Contractual commitments to the Agency are made through the procedures/processes defined in the Local Assistance Procedures Manual.

Other Recommendations:

9. The Agency is advised to ensure HBP funds are obligated prior to March 30th of any given year or risk losing programmed funds. It is recommended the Agency schedule project authorizations and AC conversions in the late fall of any given year to ensure federal funds are available.

10. This letter, returned to the District Local Assistance Engineer, with Agency approval signature (below) may be used in lieu of the submittal of Exhibit 3-I, Request for Local Advance Construction Authorization, from the Local Assistance Procedures Manual.

N – Page 444 of 925

Mr. Joel Montalbo, FTIP/FSTIP ID: RIV110124
City Engineer Federal Aid Project Number: 5282(040)
February 03, 2026 Project Description: Widen Ramon Road

“Improving lives and communities through transportation”

11. The Agency is reminded that if this project’s total cost exceeds $100 million, then it will be subject to additional federal oversight and must produce a multi-year financial plan.

The Department requests the Agency to commit their local resources consistent with this proposal to allow the Department to produce a new financially constrained bridge program list for the RCTC region.

If you have questions, please contact me at (951) 236-0135 or Esayas Hagos of my staff at (909) 963-8732.

Sincerely,

Alberto Vergel De Dios
District 8 District Local Assistance Engineer

Enclosures
Local Agency AC Commitment Block
Draft Project Funding Sheet

N – Page 445 of 925

Mr. Joel Montalbo, FTIP/FSTIP ID: RIV110124
City Engineer Federal Aid Project Number: 5282(040)
February 03, 2026 Project Description: Widen Ramon Road

“Improving lives and communities through transportation”

Local Agency AC Commitment Block
5282(040)

The Agency agrees to use local funds in lieu of federal funds to finance the cost of work as shown in the attached draft project funding sheets shown as LOCAL FUNDED AC until such time that federal funds become available for obligation and subsequent reimbursement of eligible work. It also is understood that federal reimbursement is not guaranteed for funds identified as LOCAL FUNDED AC.

The Agency understands that work performed prior to federal authorization is ineligible for federal reimbursement and that advertising the construction contract prior to federal authorization will deem the construction and construction phases of work ineligible for federal funds.

Local Agency Representative Authorized Date
To Commit Local Funds

Print Name and Title

N – Page 446 of 925

FOR DRAFT REVIEW ONLY --- 2024/25-2029/30 Highway Bridge Program Note id: 18
1) MPOs/RTPA’s must not use this listing for programming the RTIP. 2) This is NOT an approved listing for use in developing the FTIP/FSTIP. See the HBP web site for the official proposed FTIP/FSTIP program listings:

Notes:
2/2/2026, 12:23 PM
Caltrans, Division of Local Assistance Page 12/2/2026, 12:23 PM Det2 FL4 SmlTxt brf

N – Page 447 of 925

FOR DRAFT REVIEW ONLY --- 2024/25-2029/30 Highway Bridge Program District: County:

Responsible Agency
08 Riverside
HBP-ID Project Description
Palm Springs BRIDGE NO. 56C0287, RAMON ROAD OVER WHITEWATER RIVER, 0.8 MI. E/O GENE AUTRY TR. Widen 4 lane bridge to 6 lane bridge, seismic retrofit as necessary, scour countermeasures as necessary. High Cost Project agreement required.

Fund Source Summary:

PE
R/W
Total
1,814,000
4,994,000
CON
Total
62,577,000 62,577,000
3,180,000
1,814,000
62,577,000 67,571,000
3,180,000
Phase Summary:

Fed $
Local AC
Local Match
Total
572,812
4,994,000
LSSRP Bond
Total
20,000,000 10,000,000 1,000,000 20,000,000 4,399,418 59,820,606 7,177,582 7,750,394
35,399,418 -10,000,000 -1,000,000 -20,000,000 -4,399,418 62,577,000 67,571,000
4,421,188
Prior 24/25 25/26 26/27 27/28 28/29 29/30 Beyond
Prior 24/25 25/26 26/27 27/28 28/29 29/30 Beyond
3539
5282(040)
Project #:

PE Summary:

Fed $
Local AC
Local Match
Total
364,746
3,180,000
LSSRP Bond
Total
2,815,254
364,746
3,180,000
2,815,254
Prior 24/25 25/26 26/27 27/28 28/29 29/30 Beyond
R/W Summary:

Fed $
Local AC
Local Match
Total
208,066
1,814,000
LSSRP Bond
Total
1,605,934
208,066
1,814,000
1,605,934
Prior 24/25 25/26 26/27 27/28 28/29 29/30 Beyond
CON Summary:

Fed $
Local AC
Local Match
Total
LSSRP Bond
Total
20,000,000 10,000,000 1,000,000 20,000,000 4,399,418 55,399,418 7,177,582 7,177,582
35,399,418 -10,000,000 -1,000,000 -20,000,000 -4,399,418 62,577,000 62,577,000
Prior 24/25 25/26 26/27 27/28 28/29 29/30 Beyond
Caltrans, Division of Local Assistance Page 22/2/2026, 12:23 PM Det2 FL4 SmlTxt brf

N – Page 448 of 925

CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2127 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 12.28.055

TO THE PALM SPRINGS MUNICIPAL CODE REGULATING VEHICLE

COMMERCIAL ACTIVITY IN THE PUBLIC RIGHT-OF-WAY
FROM: Scott C. Stiles, City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:

This is the second reading of an ordinance adding Section 12.28.055 to the Palm Springs Municipal Code regulating vehicle commercial activity in the public right-of-way in a content-neutral manner to promote traffic and pedestrian safety and protect residential parking.

RECOMMENDATION:

Waive the second reading of the text in its entirety, read by title only, and adopt Ordinance No. 2127, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 12.28.055 TO THE PALM SPRINGS MUNICIPAL CODE REGULATING

VEHICLE COMMERCIAL ACTIVITY IN THE PUBLIC RIGHT-OF-WAY TO PROMOTE TRAFFIC AND PEDESTRIAN SAFETY AND PROTECT RESIDENTIAL PARKING.”

STAFF ANALYSIS:

On February 25, 2026, an ordinance adding Section 12.28.055 to the Palm Springs Municipal Code was introduced for first reading as noted below:

ACTION: Waive reading of the text in its entirety, read by title only and introduce for first reading, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 12.28.055 TO THE PALM SPRINGS

MUNICIPAL CODE REGULATING VEHICLE COMMERCIAL ACTIVITY IN THE

PUBLIC RIGHT-OF-WAY TO PROMOTE TRAFFIC AND PEDESTRIAN SAFETY AND PROTECT RESIDENTIAL PARKING.”

O – Page 449 of 925

City Council Staff Report
March 11, 2026 -- Page 2
Vehicle Sales Activity in the Public Right-of-Way
AYES: Councilmembers deHarte, Bernstein, Garner, Mayor Pro Tem Ready, Mayor Soto.

NOES: None.

ABSENT: None.

The City Council voted to introduce the ordinance at the February 25, 2026 meeting with no changes.

As introduced, the ordinance adds Section 12.28.055 to the Palm Springs Municipal Code to regulate vehicle commercial activity in the public right-of-way through a content-neutral framework. The ordinance generally prohibits vehicle commercial activity in the public right-of-way, establishes a narrow safe harbor defense for limited local activity based on objective criteria, and provides enforcement through the City’s administrative citation procedures set forth in Chapter 1.06 of the Palm Springs Municipal Code.

The attached ordinance reflects the version introduced at first reading on February 25, 2026, without revision.

This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective thirty (30) days from adoption.

REVIEWED BY:

City Attorney: Jeff Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Ordinance No. 2127 adding Section 12.28.055 to the Palm Springs Municipal Code Regulating Vehicle Commercial Activity in the Public Right-of-Way.

O – Page 450 of 925

55575.18100\44643805.1

ATTACHMENT A
(ORDNIANCE)

O – Page 451 of 925

Ordinance No. 2127

ORDINANCE NO. 2127

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 12.28.055 TO THE PALM

SPRINGS MUNICIPAL CODE REGULATING VEHICLE

COMMERCIAL ACTIVITY IN THE PUBLIC RIGHT-OF-WAY

TO PROMOTE TRAFFIC AND PEDESTRIAN SAFETY AND

PROTECT RESIDENTIAL PARKING
City Attorney’s Summary
This Ordinance regulates the use of the public right-of-way for vehicle sales/rental activity to protect traffic safety, pedestrian safety, sight distance, and the reasonable availability of curb parking for City residents and visitors. The Ordinance
generally prohibits vehicle sales/rental activity in the public- right-of way, establishes a narrow safe harbor for limited sales/rental activity occurring within one-tenth (0.1) of a mile of the vehicle’s DMV-registered owner address, and
authorizes a temporary hardship permit process based on objective criteria.

WHEREAS, the City of Palm Springs has a substantial interest in promoting traffic safety, pedestrian safety, preserving sight distance on City streets, and protecting the reasonable availability of curb parking for City residents and visitors; and WHEREAS, the City has experienced recurring instances in which vehicles are parked and left standing on public streets for extended periods in a manner consistent with using the public right-of-way to facilitate private vehicle transactions, thereby reducing parking availability for nearby residents and encouraging pedestrians to stop and view the vehicles, which increase safety risks in areas where vehicle speeds are higher; and
WHEREAS, the City has previously prohibited the use of City streets for storage of vehicles (PSMC 12.28.040) as well as for the purpose of washing, waxing, wiping, greasing, or repairing vehicles (PSMC 12.28.050); and
WHEREAS, the City Council desires to regulate use of the public right-of-way to address these impacts through objective, content-neutral regulations that do not depend on the content of any sign, writing, or communication; and WHEREAS, the City Council also recognizes that individuals may occasionally sell a personally owned vehicle in proximity to where the vehicle is ordinarily kept, and desires to establish a narrow, objective safe harbor and a limited temporary hardship permit process based on objective criteria; and

O – Page 452 of 925

Ordinance No. 2127

WHEREAS, the City Council considered this ordinance at a duly noticed public meetings on February 25, 2026 and March 11, 2026, at which time all interested persons had the opportunity to appear and be heard on the matter; and WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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

SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

SECTION 2. Section 12.28.055 is hereby added to the Palm Springs Municipal Code to read in its entirety as follows:
“12.28.055 Vehicle Commercial Activity in Public Right-of-Way – Prohibited; Safe Harbor; Hardship Permit.
(a) Definitions. For purposes of this Section:
(1)“Adult” means, for purposes of subsection (f)(1) only, any person over the age of sixteen (16).
(2)“Person” includes any individual, firm, partnership, corporation, association, or other entity.
(3)“Proximity Radius” means one-tenth (0.1) mile, measured as a straight line distance from the nearest boundary of the parcel containing the Registered Owner Address to the
location where the Vehicle is parked or left standing, as determined by any readily available and reliable mapping or GIS methods available to the City.
(4)“Public Right-of-Way” means any public street, road, highway, alley, parkway, shoulder, or other property dedicated or accepted for public travel or use, including any parking lane, within the City.
(5)“Registered Owner Address” means the address listed for the registered owner of the Vehicle in official registration records available to the City.
(6)“Vehicle” means a vehicle as defined by state law and includes a motor vehicle, motorcycle, trailer, or other device

O – Page 453 of 925

Ordinance No. 2127

by which persons or property may be propelled, moved, or drawn upon a highway.
(7)“Vehicle Commercial Activity” means parking, standing, stopping, placing, or leaving standing a Vehicle in the Public Right-of-Way for the primary purpose of facilitating the sale, exchange, rental, or transfer of ownership of the Vehicle for value, including conduct intended to solicit prospective purchasers, coordinate viewings or inspections, arrange test drives, or otherwise facilitate such a transaction.
(b) Prohibition. Except as expressly provided in this Section, no Person shall engage in Vehicle Commercial Activity in the Public Right-of- Way.
(c) Content-Neutral Enforcement; No Sign-Content Element. A violation of this Section may be established without regard to, and without evidence of, the content of any sign, display, writing, or communication. No particular sign or message is required to establish Vehicle Commercial Activity.
(d) Evidence; Rebuttable Presumption.
(1)In determining whether Vehicle Commercial Activity as occurred, enforcement personnel may consider the totality of circumstances, including, without limitation: repeated
placement of the same Vehicle in the same vicinity for
extended periods; repeated placement of multiple Vehicles by the same Person in the same vicinity; arranging inspections or test drives from the public right-of-way; or other conduct indicating the Vehicle is positioned or maintained to facilitate a transfer of ownership for value.
(2)Vehicle Commercial Activity shall be presumed where the same Vehicle is parked or left standing in the Public Right-of- Way within any one-thousand (1,000) foot distance for more than seventy-two (72) consecutive hours, unless the
responsible Person presents credible evidence establishing a lawful purpose unrelated to facilitating a Vehicle Commercial Activity.
(e) Safe Harbor Defense; Proximity to Registered Owner Address.

Vehicle Commercial Activity otherwise prohibited by this Section is permitted only if the person charged/cited can establish, by a preponderance of the evidence, all of the following are met:

O – Page 454 of 925

Ordinance No. 2127

(1)The Vehicle is parked or left standing within the Proximity Radius of the Vehicle’s Registered Owner Address;
(2)The Vehicle is lawfully parked and in compliance with all other applicable restrictions, including posted time limits
established pursuant to the City’s parking regulations and applicable curb markings; and
(3)The Vehicle is not parked or left standing in a manner that creates a traffic or pedestrian safety hazard, including, but not limited to, obstruction of sight distance, interference with traffic control devices, blocking driveways, or stopping or parking in prohibited safety zones.
(f) Limitations. The safe harbor defense in subsection (e) shall not apply if:
(1)More than one (1) Vehicle per Adult residing at the same Registered Owner Address is parked or left standing in the Public Right-of-Way for purposes of a Vehicle Commercial Activity at the same time; or
(2)The Vehicle is parked or left standing in the Public Right-of- Way for purposes of Vehicle Commercial Activity for more than seventy-two (72) consecutive hours, unless otherwise permitted by the applicable posted time limits or other applicable law.
(g) Exemptions. This Section does not apply to:
(1)Vehicles stopped or left standing due to mechanical failure, collision, emergency, or at the direction of a police officer, authorized officer, or traffic control device;
(2)Vehicles placed pursuant to a City-issued encroachment permit, special event permit, filming permit, or other written authorization that expressly allows right-of-way occupancy for a limited time and place; or
(3)Government vehicles used in the performance of official duties.
(h) Administrative Regulations. The City Manager is hereby authorized to promulgate administrative regulations interpreting and

O – Page 455 of 925

Ordinance No. 2127

implementing the provisions of this Section.
(i) Enforcement; Penalties; Remedies.
(1)Violations of this Section may be enforced by any peace officer or code enforcement officer of the City.
(2)Violations may be enforced through administrative citation in accordance with the City’s administrative citation procedures set forth in Chapter 1.06.
(3)Each day a violation continues constitutes a separate violation.
(4)A Vehicle involved in a violation of this Section may be subject to removal only to the extent authorized by state law and in accordance with applicable City towing procedures.
(5)The remedies provided herein are cumulative and in addition to any other remedies available at law.
(j) Relationship to other Regulations. This Section is in addition to, and does not limit, the City’s authority to establish parking prohibitions or time limits by sign or marking pursuant to State or City parking regulations, including Palm Springs Municipal Code Section

12.32.010.”
SECTION 3. The City Council finds that the proposed actions are not a project subject to the California Environmental Quality Act (“CEQA”). (State CEQA Guidelines, § 15060(c)(3).) Section 15378 of the State CEQA Guidelines provides that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not qualify as a project subject to CEQA. Here, the proposed ordinance constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment because it establishes regulations governing vehicle commercial activity in the public right-of-way. Accordingly, the proposed actions are not a project subject to CEQA. Even if the proposed actions do qualify as a project subject to CEQA, they would be exempt from CEQA because it can be seen with certainty that there is no possibility that the proposed actions in question may have a significant effect on the environment for the same reasons referenced above. (State CEQA Guidelines, § 15061(b)(3).)
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would

O – Page 456 of 925

Ordinance No. 2127

have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Palm Springs, located at 3200 East Tahquitz Canyon Way, Palm Springs, California. The City Clerk is the custodian of the record of proceedings.

SECTION 6. This Ordinance takes effect thirty (30) days following its adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF _________, 2026.

NAOMI SOTO
MAYOR
ATTEST:

BRENDA PREE, MMC

CITY CLERK

O – Page 457 of 925

Ordinance No. 2127

O – Page 458 of 925

Ordinance No. 2127

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held 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, MMC

CITY CLERK

O – Page 459 of 925

CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF THE FISCAL YEAR 2026/2027 CSA 152 SPECIAL

ASSESSMENT RATE
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:

In accordance with an administrative services agreement with Riverside County for administration of the County Service Area 152 (“CSA 152”) for the National Pollutant Discharge Elimination System (“NPDES”), Riverside County requires the City to establish its CSA 152 budget and confirm the levy of special assessment for Fiscal Year 2026/2027 so that Riverside County can assemble and coordinate with the County’s levy of special assessments. This item approves the CSA 152 special assessment rate of $9.50 per single family residential property, which remains unchanged from prior years’ assessments.

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2026/2027 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE

ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”
BACKGROUND:

The NPDES Program is a federally mandated program to control non-point sources of runoff pollution. In 1972, the Federal Water Pollution Control Act (“Clean Water Act” or “CWA”) was amended to provide that discharge of pollutants to waters of the United States from any point source is effectively prohibited, unless the discharge is in compliance with a NPDES Permit.

In 1982, the Clean Water Act was amended to establish a framework for regulating municipal and industrial stormwater discharges under the NPDES Program.

P – Page 460 of 925

City Council Staff Report
March 11, 2026 -- Page 2
Approval of FY 2026/2027 CSA 152 Special Assessment Rate In 1997, the City adopted Chapter 8.70 (Stormwater Management and Discharge Controls) of the Municipal Code which incorporates regulations of the NPDES Program.

Pollutants in urban runoff are carried through what the NPDES permit calls a Municipal Separate Storm Sewer System (“MS4”). The MS4 includes the entire system of streets, curb gutters, catch basins, storm drains, channels, etc., that convey stormwater runoff (rain) from one location to the various waters of the United States, including Tahquitz Creek, Palm Canyon Wash, and Whitewater River.

The main goal of the NPDES permit is to prevent runoff coming from public or private properties from polluting the waters of the United States. The permit allows the City to identify various locations of pollution, to review existing programs designed to protect against water pollution, to develop new programs to meet federal requirements, and to provide programs to educate the public on the problems associated with polluted stormwater runoff.

The permit also allows the City to regulate the discharge of pollutants from development projects, existing industrial facilities, restaurants, and commercial sites. Therefore, the City is required to inspect these sites with a frequency that is based on various factors.

This includes the type of business, the activities that occur at the site, the types of potential pollutants present, past compliance history, and proximity to waters of the United States. Businesses are assigned a high, medium or low inspection priority, based on the Standard Industrial Code (SIC). Businesses that are classified as high priority must be inspected annually, medium priority businesses are inspected once every two years, and low priority businesses are inspected once every five years.

Examples of polluted stormwater runoff that are to be prevented through the City’s NPDES inspection program are shown in the following photos:

Photo 1: Erosion and sediment
pollution caused by an active
construction site.

Photo 2: Leaking fluids from stored
equipment.

P – Page 461 of 925

City Council Staff Report
March 11, 2026 -- Page 3
Approval of FY 2026/2027 CSA 152 Special Assessment Rate Riverside County originally formed CSA 152 to finance a portion of its programs and obligations associated with its NPDES Permit. The City of Palm Springs annexed into CSA 152 in 1993 to allow for the levy of special assessments to offset the City’s costs related to administering its own NPDES Program.

STAFF ANALYSIS:

On January 23, 2025, the City Council approved an Administrative Services Agreement with Riverside County that facilitates the County’s administration of the NPDES Program on the City’s behalf to be offset by the special assessments collected in CSA 152. The special assessment rate in Palm Springs is $9.50 annually, per Benefit Assessment Unit (“BAU”). BAU is defined as a single-family home on a 7,200 square feet (1/6 acre) lot.

The County subsequently approved the agreement in June 2025, and this is the effective date of the new 5 year agreement that also contains 2 one-year options for renewal.

Riverside County originally formed CSA 152 to finance a portion of its programs and obligations associated with its NPDES Permit. The City annexed into CSA 152 in 1993, to allow for the levy of special assessments to offset the City's costs related to administering the NPDES Program. The City has renewed the Administrative Services agreement every five years since the annexation.

In accordance with the City’s agreement with Riverside County, the City is required to complete its annual report for the CSA 152 Program and confirm the CSA 152 assessment. This will allow Riverside County the time needed to assemble and coordinate the levy of the special assessments in the next tax roll.

Staff recommends that the City Council adopt the Resolution making certain findings and setting the BAU for CSA 152 at the currently adopted existing rate of $9.50. This is equal to the previous BAU special assessment rates adopted by the City Council. A copy of the Photo 3: Oils and polluted
contaminants in a drainage gutter
Photo 4: Clean-up of illegal dumping into
a stream bed.

P – Page 462 of 925

City Council Staff Report
March 11, 2026 -- Page 4
Approval of FY 2026/2027 CSA 152 Special Assessment Rate required annual report, confirming the special assessment rate is appropriate, is included as Attachment A. The Riverside County Office of Economic Development requires City approval by April 6, 2026.

ENVIRONMENTAL ASSESSMENT:

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

According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

The CSA 152 special assessment of $9.50 per BAU is estimated to generate approximately $482,026 in revenue in Fiscal Year 2026/2027 to fund all activities associated with the City’s NPDES Program.

REVIEWED BY:

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

ATTACHMENTS:

A. Fiscal Year 2025/26 Annual Report
B. Resolution

P – Page 463 of 925

AT

TACHMENT A
Fiscal Year 2025/26
Annual Report

P – Page 464 of 925

March 2026
Prepared By:

City of Palm Springs
Fiscal Year 2025/26 Annual Report
County Service Area 152 – National Pollutant Discharge
Elimination System (NPDES)
4745 Mangels Boulevard
Fairfield, California 94534
707.430.4300
www.sci-cg.com

P – Page 465 of 925

City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone - (760) 323-8299
City Council
Naomi Soto, Mayor
David H. Ready, Mayor Pro-Tem
Jeffrey Bernstein, Councilmember
Ron deHarte, Councilmember
Grace Elena Garner, Councilmember
City Staff
Scott Stiles, City Manager
Teresa Gallavan, Assistant City Manager
Joel Montalvo, City Engineer
SCI Consulting Group
Brandon Vanleuven, Senior Consultant

P – Page 466 of 925

Table of Contents
City of Palm Springs ................................................................................................................. 1 City Council ............................................................................................................................................. 1 City Staff ................................................................................................................................................. 1 SCI Consulting Group .............................................................................................................................. 1 Executive Summary ................................................................................................................. 1 Fiscal Year 2025/26 Levy Summary ........................................................................................................ 1 Maintenance and Services ....................................................................................................... 2 Estimate of Costs ..................................................................................................................... 4 District Budget ........................................................................................................................................ 4 City Held Fund Balance ........................................................................................................................... 5 Methodology of Charge ........................................................................................................... 6 Land Use Categories ............................................................................................................................... 6 Maximum Annual Rate ........................................................................................................................... 7 CSA 152 Boundaries ................................................................................................................. 8 Levy Listing for Fiscal Year 2025-26 .......................................................................................... 9

P – Page 467 of 925

1 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 Executive Summary
The County of Riverside (the “County”) formed County Service Area 152 (the “CSA 152”) on November 26, 1991, with the passage of Resolution No. 93-634. At formation, CSA 152 encompassed all unincorporated lands within the boundaries of the County.

The purpose of the formation was to provide for implementation of the federally mandated National Pollutant Discharge Elimination System (NPDES) Program (the “Program”) to control non -point source pollution. Non-point source pollution, caused by rain or sn owmelt, moves water over and through the ground picking up natural or synthetic pollutants from the ground and then transmitting these pollutants into streams, rivers, lakes, wetlands, estuaries, coastal water, and groundwater.

NPDES is part of the Clean Water Act, Section 319, enacted by Congress in 1987. The Clean Water Act requires that all municipal, industrial, and commercial facilities that discharge wastewater or storm water directly from a point source into waters of the United States must obtain a NPDES permit.

Permits are issued to ensure the receiving water will achieve the federally mandated water quality standards. States are required to address such pollution by producing assessment reports, adopting management programs to control non -point source pollution, and implementing these management programs to curb pollution.

The Program requires runoff to be controlled by all storm water systems. Therefore, all local agencies, including the City of Palm Springs (the “City”), bear the responsibility for their own storm water systems, which they own and operate. Storm water systems include, but are not limited to roadways, drainage systems, washes, etc. As such, the City annexed into CSA 152 in 1993, to allow for the levy of the Charge to offset the City’s costs related to administering the Program.

Annually the City Council of the City of Palm Springs (the “City Council”) will pass a resolution approving the annual report (the “Report”) and setting the Benefit Assessment Unit (BAU) Rate. The proposed BAU Rate for Fiscal Year 2025/26 remains at $9.50. The following table summarizes the proposed Fiscal Year 2025/26 annual levy to cover the management and implementation of the Program:

Fi scal Year 2025/26 Levy Summa ry

Parcel Type
Number of Parcels Levied for
Fiscal Year 2025/26
Proposed Levy
for Fiscal Year 2025/26
Assessor’s Parcels 24,187 $$379,938.28
Taxable Possessory Interest 5,239 $102,087.90
Total: 29,426 $482,026.18
The Program is levied in accordance with the methodology adopted and approved by the City Council at the time of the CSA 152 formation. The final levy submitted to the Riverside County Auditor-Controller in August may vary due to changes in the County’s secured roll data that is released in July.

P – Page 468 of 925

2 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 Maintenance and Services
The City’s portion of the Program is le vied and collected an nually to offset costs associated with the Program. Revenues generated from the ch arge regularly pr ovide a variety of s ervices benefiting the properties that lie within the City’s boundaries. The City provides services either directly through City staff, indirectly via contractors, or t hrough County efforts to service the p ublic improvements and specified areas within the boundaries of the City.

In general, the services provided using CSA 152 revenues include, but are not limited to, the following activities resulting from the management and implementation of the Program:
 Developing a plan to reduce pollutants in storm water runoff that meets the minimum federal standards at minimum cost to area residents.
 Identifying the various locations of pollution and types of pollutants carried in storm water runoff.
 Reviewing existing programs designed to protect against water pollution.  Developing new programs to meet future federal standards and obtaining necessary permits from the State and regional water quality authorities.
 Educating the public about the problems associated with storm water runoff pollution, helping citizens learn what they can do to help contain this problem.

The implementation of the Program requires the City to provide maintenance to improvements and various services to ensure compliance with the Program requirements. These services include, but are not limited to:
 Water quality monitoring program
 Pollution prevention program
 Public education program
 Inspections
 Code enforcement
 Street cleaning, sweeping, and maintenance
 Hazmat removal
 Basin cleaning and maintenance
 Contractual services
 Consultant services
 Administration of the program
 Staffing costs and overhead allocations

P – Page 469 of 925

3 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 Actual services provided may differ from those authorized based upon current resources, needs, and funding levels available. In addition, the Program may be authorized to provide additional services as outlined previously, beyond what services are actually provided.

P – Page 470 of 925

4 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 Estimate of Costs
District Budget

District Budget Adopted Budget Adopted Budget
CSA 152 FY2025/26 FY2026/27
Personnel Cost
Regular Employees $16,133 $17,025
Personnel Holding $11,677 $12,323
Overtime $14,688 $16,157
Uniform Allowance $44 $0
Pers Contributions $9,181 $9,669
Pers POB $0 $0
Medicare Tax $404 $426
Fringe Benefits $4,641 $5,198
Workers Compensation $7,082 $7,931
RHS Health Benefits $300 $300
Retiree Health Benefits $8,021 $8,021
Total Personnel Costs $72,170 $77,049
Material and Services
Hazmat Removal $0 $0
Contractual Services $149,000 $149,000
Administration Fee $9,655 $9,655
Total Material and Services $158,655 $158,655
Special Charges
Administration Services $0 $0
Insurance $16,711 $17,184
Facilities Maintenance $39,769 $32,433
Benefits Administration $0 $0
Total Special Charges $56,480 $49,616
TOTAL $287,305 $285,321

P – Page 471 of 925

5 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 City Held F und B alance
The City may contribute financial resources to CSA 152 and the associated Program. However, the County may hold monies that are available to the City. Below is the most recent City-held fund balance available.

$1,298,495.96
City Held Fund Balance as of 6/30/2025 *

P – Page 472 of 925

6 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 Methodology of Charge
The methodology for the charge is the BAU method developed by Riverside County Flood Control District.

This method spreads the total charge to parcels within CSA 152 in proportion to each parcel’s runoff.

Runoff is determined by first knowing a parcel’s siz e in acres, its present land use, and then assigning a runoff factor to its general land use category. Runoff factors are estimates of how much rainfall runs off a parcel in comparison to the amount of rainfall that falls on a parcel. In other words, the r unoff factor is a way of expressing the relative degree of imperviousness of parcels with different land uses. Paved and improved parcels have runoff factors closer to 1.0 (where 1.0 equals 100% runoff) than do unpaved or unimproved parcels. Reducing the l arge number of land uses in the County to six general categories for estimating runoff under the benefit assessment procedure provides for a manageable and reasonable computation method.

For the Program, additional factors have been brought into the analysis that consider the type of activity on that land use. The Program is required by Federal Regulation to focus its attention on urbanized areas or developments and to exclude agricultural properties. Therefore, agricultural, and vacant undeveloped properties have been completely exempted from the Program though they may have some amount of runoff.

The computation of the charge for any parcel is based on the number of BAUs assigned to that parcel. A single-family residential parcel of 7,200 square feet (1/6 acre) in size with a runoff factor of 0.40 was selected as the standard BAU. The number of BAU s for any other parcel can be computed by relating its size and land use to the BAU.

Land Use Ca tegories

The table below shows the six categories of land use, their respective runoff factors, and the BAU per acre.

Group Land Use Factor BAU Per Acre
A Commercial, Industrial 0.80 12
B Apartments/Mobile Home Parks, Churches, Schools 0.60 9 C Single Family Residential(1) 0.40 6

D Poultry, Irrigated/Cultivated Crops, Livestock, Vacant Undeveloped

0.00 0
E Golf Courses, Private Parks 0.0067 0.10
F Parcels with Miscellaneous Structures 0.0033 0.05
(1) All SFRs are levied $9.50 regardless of size.

The calculation of a typical Commercial Charge is as follows:

(BAU) X (Developed Acreage) X (Rate) = Annual Charge

P – Page 473 of 925

7 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 Max imum An nual R ate

The Charge’s maximum annual rate is $9.50 per BAU, and the maximum annual rate is the same as was originally adopted in 1994. All single-family residential parcels are levied at $9.50.

District
Fiscal Year
2024/25 Actual
Rate
Fiscal Year
2025/26
Proposed Rate
Fiscal Year
2025/26
Approved Rate
County Service Area 152 $9.50 $9.50 $9.50

P – Page 474 of 925

8 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 CSA 152 Boundaries

P – Page 475 of 925

9 City of Palm Springs Fiscal Year 2025/26 Annual Report – County Service Area 152 Levy Listing for Fiscal Year 202 5-26
Due to its size, the Levy Listing is on file with the City. The description of each lot or parcel as part of the records of the County Assessor of the County of Riverside are, by reference, made part of this Report.

P – Page 476 of 925

ATTACHMENT B
Resolution

P – Page 477 of 925

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND

REAFFIRMING THE ESTABLISHMENT AND SETTING OF
RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL
YEAR 2026/2027 TO FUND THE CITY'S NATIONAL

POLLUTION DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND

MAINTAIN THE CITY'S DRAINAGE AND FLOOD

CONTROL SYSTEMS
WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and
WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and
WHEREAS, street sweeping is a pro-active method of ensuring pro-active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of NPDES Permit No. CAS-617002 with the Coachella Valley Water District, County of Riverside and the incorporated cities therein; and
WHEREAS, the City, by its Resolution No. 18088 adopted on May 5, 1993, requested the Local Agency Formation Commission to undertake proceedings to annex the City of Palm Springs into CSA 152 for the purpose of partially funding the City's implementation of the NPDES Program; and
WHEREAS, the Count of Riverside, by its Resolution No. 93-454 adopted December 21, 1993, annexed the City of Palm Springs into CSA 152 to partially fund the costs of maintaining and operating the City's flood control and drainage systems under the NPDES Permit; and
WHEREAS, the City by its Resolution No. 18351 adopted March 16, 1994, recommended that the County Board of Supervisors adopt the City's proposed initial budget for the portion of CSA 152 contained within the City; and WHEREAS, the CSA 152 charges assessed on each parcel within the City are determined in proportion to the storm water runoff attributable to each parcel; and

P – Page 478 of 925

P – Page 479 of 925

Resolution No ____

WHEREAS, the City uses revenues from the CSA 152 assessments solely for the purpose of complying with the terms of the NPDES Permit, and for maintaining and operating the City's flood control and drainage system; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and
WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council finds the foregoing recitals to be true and correct.

Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments.

Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for flood control and drainage systems in the City.

Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2024/2025 for CSA 152 is to be set at Nine Dollars and Fifty Cents ($9.50) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since the assessment was first approved by the City in accordance with Resolution No. 18351 adopted March 16, 1994.

Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City.

P – Page 480 of 925

Resolution No ____

P – Page 481 of 925

Resolution No ____

ADOPTED this 11th day of March 2026.
_______________________________
Scott C. Stiles, City Manager
ATTEST:
______________________________
Brenda Pree, MMC, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No.____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 14, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

P – Page 482 of 925

CITY COUNCIL STAFF REPORT
DATE: MARCH 11, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF TWO GRANTS OF EASEMENT TO SPECTRUM PACIFIC WEST LLC ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 305 NORTH CIVIC DRIVE (APN: 502-100-026 and 502-100-028, AIRPORT

PROPERTY)
FROM: Scott C. Stiles, City Manager
BY: Airport
SUMMARY:

The Enterprise Rent-A-Car Company of Los Angeles, LLC (Enterprise), in favor of Spectrum Pacific West LLC (Spectrum) who is operated by Charter Communications, is requesting two Grants of Easement at the City-owned real property identified by Assessor’s Parcel Number 502-100-026 (Attachment A) and 502-100-028 (Attachment B), located at 305 North Civic Drive (Attachment C). The proposed easements would allow the installation of communication facilities needed to provide a reliable data connection for Enterprise’s office located within their leased lot at Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve an Agreement with Spectrum Pacific West LLC granting an easement to install underground communication facilities across a portion of City-owned property, leased to Enterprise, and identified by Assessor’s Parcel Number 502- 100-026.

2. Approve an Agreement with Spectrum Pacific West LLC granting an easement to install underground communication facilities across a portion of City-owned property, leased to Enterprise, and identified by Assessor’s Parcel Number 502- 100-028.

3. Authorize the City Manager or designated staff to execute all documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure is included as Attachment D.

Q – Page 483 of 925

City Council Staff Report
March 11, 2026 -- Page 2
Spectrum Easement at 305 North Civic Drive
BACKGROUND:

Since 2011, the City and Enterprise have maintained a non-exclusive operating and lease agreement for the operation of a car rental concession. Under this agreement, Enterprise leases multiple areas within airport property to support its rental car operations. One such leased area is located at 305 North Civic Drive, designated as a maintenance yard lot.

This maintenance yard lot serves as a central hub for Enterprise’s rental car operations, providing space for vehicle repairs, storage, staging, and staff operations, which is necessary to support the overall functionality of the car rental service.

The easements are required to establish a dedicated underground pathway for communication facilities, specifically data lines connecting to the existing office in the maintenance yard. A hard-wired data connection is critical to ensure reliable, secure, and high-performance network connectivity, as wireless solutions alone cannot provide the level of operational continuity required for high-volume, mission-critical airport rental car operations.

STAFF ANALYSIS:

The Grants of Easement will establish a dedicated utility corridor measuring approximately 14 feet by 59 feet to allow Spectrum to install, operate, maintain, upgrade, repair, and remove its cable and communications infrastructure. This infrastructure includes underground and surface elements such as data lines, conduits, utility cabinets, electronic equipment, and related support structures.

The Easement Agreements Attachments A & B granting the easement including legal description and map exhibit Attachment C, have been reviewed for consistency with the existing lease agreement and approved as to form by the City Attorney.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City of Palm Springs’ Strategic Plan Broad Goals of Economic Development and Infrastructure and Facilities, and also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for infrastructure.

FISCAL IMPACT:

Q – Page 484 of 925

City Council Staff Report
March 11, 2026 -- Page 3
Spectrum Easement at 305 North Civic Drive
None.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

City Engineer: Joel Montalvo
City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Grant of Easement (Assessor Parcel Number 502-100-026) B. Grant of Easement (Assessor Parcel Number 502-100-028) C. Map Exhibit & Legal Description
D. Public Integrity Disclosure
E. Aerial Photo of 305 North Civic Drive

Q – Page 485 of 925

ATTACHMENT A

GRANT EASEMENT
(ASSESSOR PARCEL NUMBER 502-100-026)

Q – Page 486 of 925

1 | P a g e

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
3430 E Miraloma Ave.

Anaheim, Ca 92806
Charter Communications
Attn: Ryan Whaley
Area Vice President, Field Operations

EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into as of ___________________, 2025, by and between the City of Palm Springs ("Grantor"), and Spectrum Pacific West, LLC ("Operator").

THE PARTIES HERETO AGREE AS FOLLOWS:

1. GRANT OF EASEMENT. Grantor hereby grants to Operator, its successors and assigns, an irrevocable, unrestricted easement to the Property (as defined in Section 2) or portion thereof as may be described in Section 2 (the "Easement") for the installation, maintenance, operation, improvement, removal and repair of Operator's cable television system and/or other communications facilities, including, without limitation, lines, cables, amplifiers, nodes, utility cabinets, and other electronic equipment, towers and poles (collectively, the "Facilities"). Grantor hereby agrees that the Facilities shall remain the property of Operator, and are removable at Operator's option. The Easement shall include the right of ingress and egress to the Property for the purpose of installation, maintenance, operation, improvement, removal and repair of the Facilities during normal working hours or any other time, day or night, in the event of an emergency situation which, in Operator's reasonable determination, affects the normal operation of the Facilities. Grantor warrants that it has title to the Property and that Operator shall have peaceable enjoyment of such Easement. Operator will not remove underground cables or underground lines during the term of the Easement Agreement or at the expiration of the Easement Agreement.

2. PROPERTY. Grantor's property is situated in the City of Palm Springs, County of Riverside, State of California (the "Community") with a street address of APN 502100026 (the "Property"). A legal description of the Property in which the Easement has been granted is set forth on Exhibit A, which is attached hereto and by reference made a part hereof.

3. REPAIR. Operator shall repair to the reasonable satisfaction of Grantor any structure, fence, paving, landscaping or other part of the Property which is materially altered or damaged during the installation, maintenance, repair or removal of the Facilities in the Easement.

4. ASSIGNMENT. Operator may assign this Easement Agreement to any entity or individual that is a successor to Operator as a cable communications franchisee in the Community. No consent to such assignment is required from Grantor.

Q – Page 487 of 925

2 | P a g e

5. TERM. This Easement Agreement shall remain in full force and effect for so long as Operator (or its successors-in-interest) holds a cable communications franchise or other right to provide communications services in the Community. In the event of a dispute as to the termination date of a franchise, this Easement Agreement shall remain in force until such dispute is finally resolved. The grant of this Easement is not conditioned upon the provision of any communications service to the Property.

Non-use or a limited use of this Easement shall not prevent Operator from later making full use of the Easement. This Easement Agreement may be terminated by Operator upon the giving of sixty (60) days prior written notice to Grantor and after a reasonable opportunity is provided to remove the Facilities excluding the underground cables or underground lines from the Property. Notwithstanding anything herein to the contrary, upon termination or release of this Easement, Operator may abandon any buried or underground Facilities and such Facilities shall be deemed the property of Grantor. Operator will not remove underground cables or underground lines during the term of the Easement Agreement or at the expiration of the Easement Agreement. Upon termination of this Easement Agreement, Operator shall record such documents as are necessary to terminate the Easement.

6. NON-INTERFERENCE. Grantor, for itself, its heirs, successors and assigns, covenants that the Property shall not be used in any manner which might interfere with or damage the Facilities, or which might interfere with the maintenance, operation or removal of the Facilities.

7. BINDING. The provisions and covenants contained in this Easement Agreement shall run with the land and shall bind and inure to the benefit of the respective successors-in-interest of the parties hereto.

8. RECORDATION. Upon completion of the installation of the Facilities on the Property, Operator may record this Easement Agreement in the real property records of the county or other local government where the Property is located.

9. NOTICE. All notices to be given by one party to this Easement Agreement to the other party hereto shall be in writing, by certified mail to the following addresses:

(i.) If to Grantor:

City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, Ca 92262

(ii.) If to Operator:

Charter Communications
3430 E Miraloma Ave.

Anaheim, Ca 92806
Attn: Area Vice President, Field Operations
With a copy to: Charter Communications
12405 Powerscourt Drive
St. Louis, Missouri 63131
Attn: Legal Operations, Operations

Q – Page 488 of 925

3 | P a g e

10. FURTHER DOCUMENTS. Each party hereto will execute any and all further documents which the other party reasonably requests to assure that Operator has the rights granted in this Easement Agreement.

11. ENTIRE AGREEMENT; AMENDMENTS. This Easement Agreement constitutes the entire agreement between the parties with respect to, and supersedes all prior agreements and/or all understandings with respect to the subject matter contained herein. This Easement Agreement shall not be modified, amended, supplemented or revised, except by a written document signed by both parties.

12. SEVERABILITY. If any term or provision of this Easement Agreement is determined to be invalid or unenforceable, in whole or in part, such a determination shall not affect any other provision of this Easement Agreement and this Easement Agreement shall be treated as if such term or provision had not been contained herein.

13. GOVERNING LAW. This Easement Agreement shall be construed to be in accordance with the laws of the state where the Property is located.
[Signature Pages Follow]

Q – Page 489 of 925

4 | P a g e

IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first written above.

GRANTOR: OPERATOR:

City of Palm Springs Spectrum Pacific West, LLC By: Charter Communications, Inc., Its Manager

By:____________________________________ By:___________________________________ Print Name:_____________________________ Print Name:____________________________ Print Title:______________________________ Print Title:_____________________________ Date:__________________________________ Date:__________________________________

Q – Page 490 of 925

5 | P a g e

RECO

Q – Page 491 of 925

6 | P a g e

RECO

Q – Page 492 of 925

7 | P a g e

EXHIBIT A
Attached to and Forming a Part of Easement Agreement
between
City of Palm Springs, as Grantor
and
Spectrum Pacific West, LLC, as Operator

Legal Description

15.19 ACRES M/L IN POR LOT 3 MB 014/652 SD PALM VALLEY COLONY LANDS Lot 3 SubdivisionName

PALM VALLEY COLONY LANDS Acres 015.19 M/L LotType Lot RecMapType Map Book

RecordedCOCode SD MapPlatB 014 MapPlatP 652 PortionLot Portion

Q – Page 493 of 925

ATTACHMENT B

GRANT EASEMENT
(ASSESSOR PARCEL NUMBER 502-100-028)

Q – Page 494 of 925

1 | P a g e

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
3430 E Miraloma Ave.

Anaheim, Ca 92806
Charter Communications
Attn: Ryan Whaley
Area Vice President, Field Operations

EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into as of ___________________, 2025, by and between the City of Palm Springs ("Grantor"), and Spectrum Pacific West, LLC ("Operator").

THE PARTIES HERETO AGREE AS FOLLOWS:

1. GRANT OF EASEMENT. Grantor hereby grants to Operator, its successors and assigns, an irrevocable, unrestricted easement to the Property (as defined in Section 2) or portion thereof as may be described in Section 2 (the "Easement") for the installation, maintenance, operation, improvement, removal and repair of Operator's cable television system and/or other communications facilities, including, without limitation, lines, cables, amplifiers, nodes, utility cabinets, and other electronic equipment, towers and poles (collectively, the "Facilities"). Grantor hereby agrees that the Facilities shall remain the property of Operator, and are removable at Operator's option. The Easement shall include the right of ingress and egress to the Property for the purpose of installation, maintenance, operation, improvement, removal and repair of the Facilities during normal working hours or any other time, day or night, in the event of an emergency situation which, in Operator's reasonable determination, affects the normal operation of the Facilities. Grantor warrants that it has title to the Property and that Operator shall have peaceable enjoyment of such Easement. Operator will not remove underground cables or underground lines during the term of the Easement Agreement or at the expiration of the Easement Agreement.

2. PROPERTY. Grantor's property is situated in the City of Palm Springs, County of Riverside, State of California (the "Community") with a street address of APN 502100028 (the "Property"). A legal description of the Property in which the Easement has been granted is set forth on Exhibit A, which is attached hereto and by reference made a part hereof.

3. REPAIR. Operator shall repair to the reasonable satisfaction of Grantor any structure, fence, paving, landscaping or other part of the Property which is materially altered or damaged during the installation, maintenance, repair or removal of the Facilities in the Easement.

4. ASSIGNMENT. Operator may assign this Easement Agreement to any entity or individual that is a successor to Operator as a cable communications franchisee in the Community. No consent to such assignment is required from Grantor.

Q – Page 495 of 925

2 | P a g e

5. TERM. This Easement Agreement shall remain in full force and effect for so long as Operator (or its successors-in-interest) holds a cable communications franchise or other right to provide communications services in the Community. In the event of a dispute as to the termination date of a franchise, this Easement Agreement shall remain in force until such dispute is finally resolved. The grant of this Easement is not conditioned upon the provision of any communications service to the Property.

Non-use or a limited use of this Easement shall not prevent Operator from later making full use of the Easement. This Easement Agreement may be terminated by Operator upon the giving of sixty (60) days prior written notice to Grantor and after a reasonable opportunity is provided to remove the Facilities excluding the underground cables or underground lines from the Property. Notwithstanding anything herein to the contrary, upon termination or release of this Easement, Operator may abandon any buried or underground Facilities and such Facilities shall be deemed the property of Grantor. Operator will not remove underground cables or underground lines during the term of the Easement Agreement or at the expiration of the Easement Agreement. Upon termination of this Easement Agreement, Operator shall record such documents as are necessary to terminate the Easement.

6. NON-INTERFERENCE. Grantor, for itself, its heirs, successors and assigns, covenants that the Property shall not be used in any manner which might interfere with or damage the Facilities, or which might interfere with the maintenance, operation or removal of the Facilities.

7. BINDING. The provisions and covenants contained in this Easement Agreement shall run with the land and shall bind and inure to the benefit of the respective successors-in-interest of the parties hereto.

8. RECORDATION. Upon completion of the installation of the Facilities on the Property, Operator may record this Easement Agreement in the real property records of the county or other local government where the Property is located.

9. NOTICE. All notices to be given by one party to this Easement Agreement to the other party hereto shall be in writing, by certified mail to the following addresses:

(i.) If to Grantor:

City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, Ca 92262

(ii.) If to Operator:

Charter Communications
3430 E Miraloma Ave.

Anaheim, Ca 92806
Attn: Area Vice President, Field Operations
With a copy to: Charter Communications
12405 Powerscourt Drive
St. Louis, Missouri 63131
Attn: Legal Operations, Operations

Q – Page 496 of 925

3 | P a g e

10. FURTHER DOCUMENTS. Each party hereto will execute any and all further documents which the other party reasonably requests to assure that Operator has the rights granted in this Easement Agreement.

11. ENTIRE AGREEMENT; AMENDMENTS. This Easement Agreement constitutes the entire agreement between the parties with respect to, and supersedes all prior agreements and/or all understandings with respect to the subject matter contained herein. This Easement Agreement shall not be modified, amended, supplemented or revised, except by a written document signed by both parties.

12. SEVERABILITY. If any term or provision of this Easement Agreement is determined to be invalid or unenforceable, in whole or in part, such a determination shall not affect any other provision of this Easement Agreement and this Easement Agreement shall be treated as if such term or provision had not been contained herein.

13. GOVERNING LAW. This Easement Agreement shall be construed to be in accordance with the laws of the state where the Property is located.
[Signature Pages Follow]

Q – Page 497 of 925

4 | P a g e

IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first written above.

GRANTOR: OPERATOR:

City of Palm Springs Spectrum Pacific West, LLC By: Charter Communications, Inc., Its Manager

By:____________________________________ By:___________________________________ Print Name:_____________________________ Print Name:____________________________ Print Title:______________________________ Print Title:_____________________________ Date:__________________________________ Date:__________________________________

Q – Page 498 of 925

5 | P a g e

RECO

Q – Page 499 of 925

6 | P a g e

RECO

Q – Page 500 of 925

7 | P a g e

EXHIBIT A
Attached to and Forming a Part of Easement Agreement
between
City of Palm Springs, as Grantor
and
Spectrum Pacific West, LLC, as Operator

Legal Description

1.07 ACRES M/L IN POR LOT 3 MB 014/652 SD PALM VALLEY COLONY LANDS Lot 3 SubdivisionName

PALM VALLEY COLONY LANDS Acres 001.07 M/L LotType Lot RecMapType Map Book

RecordedCOCode SD MapPlatB 014 MapPlatP 652 PortionLot Portion

Q – Page 501 of 925

ATTACHMENT C

EXHIBIT A

EXHIBIT B

Q – Page 502 of 925

Q – Page 503 of 925

Q – Page 504 of 925

Q – Page 505 of 925

ATTACHMENT D

PUBLIC INTEGRITY DISCLOSURE

Q – Page 506 of 925

Q – Page 507 of 925

Q – Page 508 of 925

Q – Page 509 of 925

ATTACHMENT E
AERIAL PHOTO OF 305 NORTH CIVIC DRIVE

Q – Page 510 of 925

Q – Page 511 of 925

CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: RATIFICATION OF CONSTRUCTION AGREEMENT 25B480 OF AN

EMERGENCY CONSTRUCTION CONTRACT IN THE AMOUNT OF
$1,103,944 TO SCHINDLER ELEVATOR CORPORATION FOR AIRPORT PROJECT PSP 26-10, REMOVAL AND REPLACEMENT OF

ESCALATORS
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

In accordance with Section 7.03.09 of the Procurement and Contract Code, the City Council shall ratify the construction agreement and adopt the specifications and work details of the project. Approval of this item will allow staff to proceed with the construction of this capital project, with a bid price of $1,103,944.

RECOMMENDATION:

1. Ratify Construction Agreement 25B480 for Airport Project PSP 26-10, for the Removal and Replacement of Escalators, (“the Project”).

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $110,394 with all change orders reported to the City Council.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Disclosure forms (Attachment B) submitted on February 10, 2026, Schindler Elevator Corporation is registered in the states of New Jersey and California.

R – Page 512 of 925

City Council Staff Report
March 11, 2026 -- Page 2
Ratification of Construction Agreement 25B480
BACKGROUND:

The Bono Concourse, constructed in 1999, was originally equipped with base-grade commercial escalators. These escalators connect the ground level Courtyard to the second-level Bono Concourse, where ten passenger gates are located for large aircraft.

The escalators are depicted in Figure 1 – Existing Bono Concourse Escalators.

Figure 1 – Existing Bono Concourse Escalators
The escalators are experiencing accelerated wear and operational issues due to prolonged exposure to extreme outdoor conditions, particularly high heat, direct sunlight and debris from winds. These environmental stressors have contributed to frequent malfunctions, increased maintenance demands, and reduced reliability of the units. The escalators are also generating excessive noise, which is impacting the passenger experience.

In 2025, the Airport incurred $204,795 in additional expenses for escalator repairs that were outside of the scope of work of Cooperative Purchase Agreement No. 23C004 with TK Elevator Corporation for the maintenance and repair of the City’s escalators. As passenger volumes continue to grow, reliable vertical transportation is essential to maintain efficient passenger flow and assist in ADA compliance, especially during peak travel periods.

R – Page 513 of 925

City Council Staff Report
March 11, 2026 -- Page 3
Ratification of Construction Agreement 25B480
On August 8, 2025, the Airport’s on-call engineering consultant, RS&H, performed a detailed site investigation of the escalators in collaboration with Airport staff and TK Elevator Corporation. RS&H provided an assessment report (Attachment C) of the escalator’s current condition, and options for repairing or replacing the escalators. The options provided for the repair or replacement of the escalators included the following: In- Truss Modification ($1,400,000), New Construction (Complete Replacement) ($7,700,000), and Kone Repair-in-Place ($435,000). The assessment concluded that the best solution was an in-truss modification with a scope of work that included performance- based specifications for the replacement units. Staff discussed the possibility of incentivizing the installation of the escalators to accelerate the completion of the project with the bidding contractors, and staff was advised by the contractors that it would not be feasible to incentivize production. Staff determined that installing both escalators at the same time was the only viable option to reduce construction time.

Airport staff and RS&H presented the findings of the assessment to the Airport Commission on June 18, 2025. The Airport Commission voted unanimously (19-0) to recommend moving forward with the in-truss modification project.

The Project will allow for updated technology, improved energy efficiency, and modernized components, all of which support the Airport’s goals of enhancing the passenger experience and reducing operational downtime. The work for the Project will include removal of the escalators with the exception of the structural truss, and the escalators will be replaced with all new equipment that will be custom fit to the existing space constraints at the Bono Concourse. The plans and specifications will enable the Airport to install new escalators that will meet passenger demand and can withstand the outdoor operating environment. Furthermore, the Airport has already implemented additional recommendations for reducing the daily run time of the escalators based on passenger traffic.

On September 18, 2025, Airport staff notified the City Manager that both Bono Concourse escalators were inoperable due to mechanical issues, the passenger elevator was out of service due to ongoing refurbishment, and the backup cargo elevator was also inoperable due to mechanical issues. This situation created a significant accessibility concern and directly impacted ADA access for passengers. In response, staff requested an emergency authorization to proceed with direct negotiations to select a qualified contractor for the In- Truss Modification of the two escalators located at the Bono Concourse. On September 18, 2025, the City Manager authorized the Emergency Procurement to contract for the requested services.

On September 18, 2025, the City Manager notified the City Council of the emergency authorization to remove and replace the Airport’s escalators and staff took the following actions:

R – Page 514 of 925

City Council Staff Report
March 11, 2026 -- Page 4
Ratification of Construction Agreement 25B480
Airport staff collaborated with RS&H to prepare the bid package that included the project scope and specifications, as-builts, and bid schedule. The bid package was completed on September 29, 2025.
On September 30, 2025, Airport staff emailed the bid package to Kone Corporation, Schindler Elevator Corporation, Otis, and TK Elevator Corporation. A mandatory job-walk was held on October 8, 2025, and Kone Corporation, Schindler Elevator Corporation, and TK Elevator were in attendance.

The emergency procurement for the removal and replacement of the escalators does not include ongoing service and maintenance. Staff will coordinate with the Procurement Department to solicit competitive bids for a separate service and maintenance contract for the new escalators and the Airport’s existing three elevators. The scope of work for the service and maintenance contract will include routine inspections, system adjustments, cleaning, lubrication, preventative maintenance services, and the coordination and coverage of the annual inspections.

STAFF ANALYSIS:

On October 29, 2025, two (2) bids were received from the following contractors:

Company Location Bid Amount
Schindler Elevator Corporation Costa Mesa, CA $1,103,944 Kone Corporation Costa Mesa, CA $1,323,420
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose workforce resides within the Coachella Valley. Although Schindler Elevator Corporation is not considered a local business, they have demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials from local businesses.

Project Labor Agreement (PLA)
This Project is subject to the City’s Project Labor Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost.

Bid Analysis

R – Page 515 of 925

City Council Staff Report
March 11, 2026 -- Page 5
Ratification of Construction Agreement 25B480
The bid documents submitted were reviewed and it was determined that Schindler Elevator Corporation (“the Contractor”) complied with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that the City Council ratify Construction Agreement 25B480 with Schindler Elevator Corporation. The executed agreement is included as Attachment A and is subject to changes/revisions agreeable to the City Manager and City Attorney.

Project Timeline
Installation of the escalators is scheduled to begin in the second quarter of 2026 and the Project will be completed in the fourth quarter of 2026. Completing the work during the summer is important, as there is a decrease in passenger traffic, allowing operational impacts to be minimized. The Bono Concourse passenger elevator will be in service to provide accessibility, and the cargo elevator will be available as a backup. The Airport also has a contract with Sierra Aviation Group to assist passengers with portering their baggage up the stairs to the Bono Concourse.

ENVIRONMENTAL ASSESSMENTS:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that Airport Project PSP 26-10 for the removal and replacement of escalators, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City of Palm Springs’ Strategic Plan Broad Goals of Infrastructure and Facilities, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Infrastructure.

FISCAL IMPACT:

The Project is anticipated to be funded through Passenger Facility Charge (PFC) revenues. The City will submit a PFC application to the Federal Aviation Administration (FAA) in March 2026, requesting authority to use PFC funds for the Project. The application process includes public notice, airline consultation, and FAA review, culminating in a Final Agency Decision (FAD). Once the FAD is issued by the FAA, PFC revenues may be applied toward eligible project costs.

Although no General Fund dollars will be used, expenditures for the Project are currently programmed in Fiscal Year 2025-2026 in the Department of Aviation, Capital Improvement Project Account 4167065-80000. Upon FAA approval, eligible project costs

R – Page 516 of 925

City Council Staff Report
March 11, 2026 -- Page 6
Ratification of Construction Agreement 25B480
will be reimbursed with PFC revenues, and adjustments to the funding source will be reflected in future budget amendments as needed.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett, Jr.

City Attorney: Oscar Verdugo
City Manager: Scott Stiles

ATTACHMENTS:

A. Construction Agreement 25B480
B. Public Integrity Disclosure Form
C. RS&H Assessment

R – Page 517 of 925

ATTACHMENT A
CONSTRUCTION AGREEMENT 25B480

R – Page 518 of 925

Revised 8.9.23 Page 1 of 7
CONSTRUCTION AGREEMENT 25B480SCHINDLER ELEVATOR CORPORATIONTHIS AGREEMENTmade this 14thday of January,2026 (“Effective Date”) by and between the Cityof Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtueof the laws of the State of California, hereinafter designated as the City, and Schindler Elevator Corporation, a New Jersey corporation, hereinafter designated as the Contractor.The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree asfollows:1. THE WORKFor and in consideration of the payments and agreements to be made and performed by City,Contractor agrees to furnish all materials and perform all work required to complete the Work asspecified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for theProject entitled:The project consists of the removal and disposal of two (2) complete escalator systems located in the Bono Concourse at Palm Springs International Airport, excluding the existing structural trusses, which are to remain in place. The existing escalators will be replaced with new, custom-fabricated escalator equipment, designed to fit within the current truss-space constraints. The new escalators must be suitable for the demanding, outdoor operating environment of the airport. The contractor shall provide all labor, materials, equipment, and services necessary to complete the work as outlined in the project specifications. It is the contractor’s responsibility to coordinate all required inspections, startups, and commissioning activities with the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), Elevator Unit.2. COMMENCEMENT AND COMPLETIONThe Work to be performed under this Contract shall commence on the date specified in the Notice toProceed by the City, and the Work shall be fully completed within the time specified in the Notice toProceed.The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plusany extensions thereof allowed in accordance with applicable provisions of the StandardSpecifications, as modified herein. The parties also recognize the delays, expense, and difficultiesinvolved in proving in a legal proceeding the actual loss suffered by the City if the Work is notcompleted on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City thesum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the timespecified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewedthe provisions of the Standard Specifications, as modified herein, related to liquidated damages, andhas made itself aware of the actual loss incurred by the City due to the inability to complete the Workwithin the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

R – Page 519 of 925

Revised 8.9.23 Page 2 of 7

3. CONTRACT PRICEThe City shall pay the Contractor for the completion of the Work, in accordance with the ContractDocuments, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and BidSchedule(s), and any duly authorized Construction Contract Change Orders approved by the City.The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is ONE MILLION ONE HUNDRED THOUSAND NINE HUNDRED AND FORTY-FOUR Dollars ($1,103,944).Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. 4. CONTRACT DOCUMENTSThe Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rateof per diem wages as determined by the Director of the California Department of Industrial Relations,the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program –Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's GeneralInformation, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate,Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings,Addenda numbers 1 to 1, inclusive, and all Construction Contract Change Orders and Work ChangeDirectives which may be delivered or issued after the Effective Date of the Agreement and are notattached hereto.5. MUTUAL OBLIGATIONSFor and in consideration of the payments and agreements to be made and performed by the City, theContractor agrees to furnish all materials and perform all work required for the above stated project,and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agreesto employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfillthe obligations according to the terms and conditions herein contained and referred to, for the ContractPrice herein identified, and hereby contracts to pay the same at the time, in the manner, and upon theconditions set forth in the Contract Documents.6. PAYMENT PROCEDURESThe Contractor shall submit Applications for Payment in accordance with the Standard Specificationsas amended by the Special Provisions. Applications for Payment will be processed by the CityEngineer as provided in the Contract Documents.7. NOTICESAll notices shall be in writing and either served by personal delivery or mailed to the otherparty. Written notice to the Contractor shall be addressed to Contractor’s principal place ofbusiness unless Contractor designates another address in writing for service of notice. Noticeto the City shall be addressed to the City as designated in the Notice Inviting Bids unless theCity designates another address in writing for service of notice. Notice shall be effective uponreceipt or five (5) calendar days after being sent by first class mail, whichever is earlier.Notice given by facsimile shall not be effective unless acknowledged in writing by the receivingparty.

R – Page 520 of 925

Revised 8.9.23 Page 3 of 7

8. INDEMNIFICATIONContractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions. 9. PREVAILING WAGES Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. 10. CONFLICT OF INTEREST Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 11. NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 12 MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

R – Page 521 of 925

Revised 8.9.23 Page 4 of 7
The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. 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 “A” (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. Project Labor Agreement - The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work. Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Exhibit B" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first. Subcontractors - Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost. Condition of Payment - Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement. Reformation - Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction. Conflicts - In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control. Costs of Compliance - Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13. Not a Limitation - The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

R – Page 522 of 925

Revised 8.9.23 Page 5 of 7
Special Security Requirements at the Palm Springs International Airport:1. AIRPORT SECURED ACCESS TO WORK AREAS:a.Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website by clicking on Badging & AOA Permits - Palm Springs International Airport (PSP) - Palm Springs, Californiab.Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.c.Restricted Area Access All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not beenconvicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:1)Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.2)Interference with air navigation; 49 U.S.C. 46308.3)Improper transportation of a hazardous material; 49 U.S.C. 46312.4)Aircraft piracy; 49 U.S.C. 46502.5)Interference with flight crew members or flight attendants; 49 U.S.C. 46504.6)Commission of certain crimes aboard aircraft in flight; 46506.7)Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506.8)Conveying false information and threats; 49 U.S.C. 46507.9)Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).10)Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.11)Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.12)Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.13)Murder.14)Assault with intent to murder.15)Espionage.16)Sedition.17)Kidnapping or hostage taking.18)Treason.19)Rape or aggravated sexual abuse.20)Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.21)Extortion.22)Armed or felony unarmed robbery.23)Distribution of, or intent to distribute, a controlled substance;24)Felony arson.

R – Page 523 of 925

Revised 8.9.23 Page 6 of 7
25)Felony involving a threat.26)Felony involving:i)Willful destruction of property;ii)Importation or manufacture of a controlled substance;iii)Burglary;iv)Theft;v)Dishonesty, fraud, or misrepresentation;vi)Possession or distribution of stolen property;vii)Aggravated assault;viii)Bribery; orix)Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.27)Violence at international airports; 18 U.S.C. 37.28)Conspiracy or attempt to commit any of the criminal acts listed.2.Employee Security Badges All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. The Contractor must have a minimum of two staff members badged with a Palm Springs International Airport Photo Badge for the full term of the Agreement. These badges will be identified numerically and issued to individual employeeswith a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to the Airport, or a charge of $100 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the projectsite. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attendingSIDA training and completing security badge application. Attendance of the video-based class and issuance of the badge may take in excess of 4 hours. There will be a $60 charge (subject to change) for the FBI background check and fingerprinting process, and a $65 charge (subject to change) for the badge for a total of $125.00 (subject to change). There will be a $200 charge (subject to change) for lost, stolen, or damaged badges. The Contractor is financially responsible for all badging and fingerprinting fees and training time.3.Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.[SIGNATURES ON NEXT PAGE]

R – Page 524 of 925

Revised 8.9.23 Page 7 of 7
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SCHINDLER ELEVATOR CORPORATION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By DateSignatureBy DateSignature(2ndsignature required for Corporations)CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: Item No.APPROVED AS TO FORM: ATTEST:By ByCity Attorney City Clerk APPROVED: By DateCity Manager – over $150,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000

R – Page 525 of 925

Docusign Envelope ID: EE311C54-BB0B-4205-BB89-FD47338A0722 EXHIBIT "A"
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 any 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 PENAL TY FOR PERJURY, that a) the contractor 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: Chastian Bledsoe
Title: Modernization Representative
Firm Name: Schindler Elevator Corporation
Date: 1/5/2026
Revised 8.9.23

R – Page 526 of 925

Jacob Fowler, General Manager
375733
3585 Cadillac Ave, Suite B
Costa Mesa, CA 92626-1401
714-361-3043

R – Page 527 of 925

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE

R – Page 528 of 925

R – Page 529 of 925

Schindler Elevator Corporation100%

R – Page 530 of 925

R – Page 531 of 925

R – Page 532 of 925

ATTACHMENT C

RS&H ASSESSMENT

R – Page 533 of 925

August 15, 2025
Bono Concourse Escalator Assessment
Palm Springs International Airport
City of Palm Springs, CA

R – Page 534 of 925

Bono Concourse Escalator Assessment
Final Submittal
August 15, 2025
Palm Springs, CA
RS&H No. 1026-5278-013
Prepared by RS&H California, Inc. at the
direction of The City of Palm Springs,
Palm Springs International Airport

R – Page 535 of 925

A u g u s t 1 5 , 2 0 2 5 i

Table of Contents
1 Executive Summary ........................................................................................................................................... 1-2 2 Project Overview ................................................................................................................................................ 2-2

2.1 General ........................................................................................................................................................ 2-2

2.2 Escalator History ...................................................................................................................................... 2-2

2.3 Scope of Work .......................................................................................................................................... 2-3 3 Site Investigation ................................................................................................................................................ 3-3

3.1 Site Investigation ..................................................................................................................................... 3-3

3.2 Findings....................................................................................................................................................... 3-4

3.3 Site Challenges ......................................................................................................................................... 3-4 4 Escalator Options ............................................................................................................................................... 4-8

4.1 In-Truss Modification ............................................................................................................................. 4-8

4.2 New Construction ................................................................................................................................... 4-8

4.3 Kone Repair-In-Place ............................................................................................................................. 4-9 5 PSP Options Analysis ........................................................................................................................................ 5-9

5.1 In-Truss Modification ............................................................................................................................. 5-9

5.2 New Construction ................................................................................................................................ 5-10

5.3 Kone Repair-in-Place .......................................................................................................................... 5-11

5.4 Recommendation ................................................................................................................................. 5-11 6 Further Recommendations .......................................................................................................................... 6-12

6.1 More Robust Service Agreement ................................................................................................... 6-12

6.2 Reduce Daily Run Time ...................................................................................................................... 6-12

6.3 Extend Shade over Escalators .......................................................................................................... 6-12

6.4 Procure Maintenance/Service Competitively ............................................................................ 6-12 7 Appendices ........................................................................................................................................................ 7-12

7.1 Airport Commission Presentation .................................................................................................. 7-13

7.2 Photos ...................................................................................................................................................... 7-14

R – Page 536 of 925

A u g u s t 1 5 , 2 0 2 5 i i
List of Figures
Figure 2-1 Bono Concourse Escalators ............................................................................................................... 2-3 Figure 3-1 Back-of-house Chiller Equipment ................................................................................................... 3-4 Figure 3-2 Back-of-house Chiller Equipment ................................................................................................... 3-5 Figure 3-3 Walls from Bono Concourse As-Builts .......................................................................................... 3-6 Figure 3-4 Walls from Bono Concourse As-Builts .......................................................................................... 3-6 Figure 3-5 Escalator at top of current escalators ............................................................................................ 3-7 Figure 3-6 Shade structure foundation. ............................................................................................................. 3-8 Figure 5-1 Analysis Comparison ............................................................................................................................ 5-9

R – Page 537 of 925

A u g u s t 1 5 , 2 0 2 5 i

INTENTIONALLY BLANK

R – Page 538 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 2 - 2
1 Executive Summary
The City of Palm Springs (City), owner and operator of Palm Springs International Airport (PSP), has selected RS&H to provide an assessment of the Bono Concourse escalators (Project).

The escalators in the PSP Bono Concourse have been observed to be noisy during operation and require maintenance visits more frequently than is typical for their age. RS&H, and team member VDA, were tasked with evaluating the escalators and providing options for either repairs or replacement. The options developed include the following:
» In-Truss Modification
» New Construction (Replacement)
» Kone Repair-in-Place

All three options were evaluated based on total constructed cost estimates as well as the overall delivery program and schedule. Ultimately, the In-Truss Modification was recommended as the best alternative for PSP to restore operational resilience to the escalators with an appropriate capital cost and minimal operational disruption.
2 Project Overview

2.1 General
RS&H has prepared this report to outline the scope of the project, document the Engineer’s findings of the in-place escalators, present the Engineer’s assessments of alternatives, and identify a recommended alternative. The report was authorized by Task Order No. 13, dated April 23, 2025, to be completed in accordance with the terms and conditions of the Master Consulting Agreement between the Owner and RS&H, dated January 15, 2024.

2.2 Escalator History
The Bono Concourse, constructed in 1999, was originally equipped with base-grade commercial escalators that were not intended for outdoor use. Approximately nine years ago, Kone performed an in-truss modification as part of an EcoMod upgrade; however, no as-built documentation for this project has been located. Currently, the escalators are maintained under a service contract with the State, and maintenance is performed by TK Elevators (TK). The escalators are shown below in figure 2-1.

R – Page 539 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 3 - 3

Figure 2-1 Bono Concourse Escalators

2.3 Scope of Work
The City has been in communication with several escalator manufacturers for budget and feasibility information. Those manufacturers have indicated structural modifications will be required to install new escalator units. Structural modifications pose both an operational and a budget risk to the planned replacement.

The City has requested RS&H perform a review of the in-place escalators and evaluate options for replacement. The two main options are:
» Rebuilding the existing escalators and within the same available space. » Removing the existing escalators and replacing them with longer units that would require increasing the length of the lower pit by excavating to the west.

Estimates for each option will also be developed.
3 Site Investigation

3.1 Site Investigation
Representatives from RS&H and VDA visited the site with a maintenance team scheduled concurrently to assist with opening the pits and removing steps. In-place conditions of the existing escalators were documented and any special conditions noted. The site investigation

R – Page 540 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 3 - 4
was conducted on June 5, 2025. Note the TK representatives could not remove steps for our team during this visit.

3.2 Findings
The escalators are making a constant cyclical noise. The guide track for the handrails is damaged, causing excessive wear to the handrails. Additionally, the escalators require more maintenance callouts than industry standard, and the handrails are needing replacement at a higher rate than normal.

Bono Concourse chiller units are located directly under the top escalator pits, and the escalators become very hot during late afternoon sun exposure. Furthermore, the pits and the interior of the units are not being cleaned regularly.

3.3 Site Challenges
The chiller equipment for the Bono Concourse would require relocation prior to installation of a new unit. A new unit will require a large pit at the top and bottom for the equipment. The chiller equipment is nearly 30-years old and a relocation of the equipment would likely create additional issues requiring work to maintain chiller operations. Below are some photos highlighting the potential conflict.

Figure 3-1 Back-of-house Chiller Equipment
Bottom of current
escalators

R – Page 541 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 3 - 5

Figure 3-2 Back-of-house Chiller Equipment

Bottom of current
escalators

R – Page 542 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 3 - 6
The walls around the escalators and into the back-of-house services area are structural. Any required modification would be extensive and likely require seismic review.

Figure 3-3 Walls from Bono Concourse As-Builts

Figure 3-4 Walls from Bono Concourse As-Builts

R – Page 543 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 3 - 7
The elevator and the shade structure foundations are located adjacent to the existing escalator pits and in the way of new pits required for a new escalator. The elevator is currently being upgraded and it would be costly to relocate/modify to suit if required.

Figure 3-5 Escalator at top of current escalators

R – Page 544 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 4 - 8

Figure 3-6 Shade structure foundation 5’ from the base pits for the current escalators. 4 Escalator Options

4.1 In-Truss Modification

An escalator in-truss modification involves upgrading or replacing components within the existing truss structure of the escalator. The truss is the main framework that supports the escalator's steps, handrails, and other mechanical parts. This type of modification is typically undertaken to improve the escalator's performance, safety, and reliability without the need for a complete replacement. It can include the installation of new motors, control systems, steps, and handrails, as well as enhancements to the escalator's safety features. By focusing on the in-truss components, this modification aims to extend the lifespan of the escalator and ensure it meets current standards and regulations.

4.2 New Construction
Installing a new escalator in an existing facility can have several potential implications. Firstly, it can significantly enhance the efficiency and safety of vertical transportation within the building,

R – Page 545 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 5 - 9
providing a smoother and more reliable experience for users. However, the installation process may require substantial structural modifications to accommodate the new equipment, which could lead to temporary disruptions in the facility's operations. Additionally, the cost of installation and potential downtime must be considered, as they can impact the facility's budget and productivity. On the positive side, a new escalator can improve the overall aesthetic appeal and modernity of the facility, potentially increasing its value and attractiveness to visitors and tenants. Moreover, newer escalators often come with advanced safety features and energy- efficient technologies, contributing to long-term operational savings and sustainability goals.

4.3 Kone Repair-In-Place
This option would be to have Kone come in and do a detailed site investigation of the unit followed by executing the required repairs to bring the unit back into its serviceable lifespan.

Kone has indicated that the EcoMod performed most recently should not be exhibiting the problems seen today.
5 PSP Options Analysis
For the three options identified an estimated schedule, sequence, and cost were developed.

Schedule development included design, bid/solicitation, procurement, fabrication, and construction. Estimates included design, construction, and construction administration.

Sequencing accounted for operational disruptions to the passenger experience. The analysis is summarized in the following figure. Each item is broken down into subsequent sections.

In-Truss
Modification
New Construction
(Replacement)
Kone Repair-in-
Place
Cost $1,400,000 $7,700,000 $435,000*
Schedule 525 calendar days 623 calendar days 183 calendar days Passenger Experience 6-7 months w/ only
one escalator
6-7 months w/o
escalators
1-2 months w/ only
one escalator
Serviceable Life 20 years 30 years Unknown
Figure 5-1 Analysis Comparison
* A detailed investigation required to validate actual values

5.1 In-Truss Modification
The In-Truss Modification would be designed by providing performance specifications for qualified vendors to bid on. Following the bid process the contractor/vendor would take detailed measurements at Palm Springs, fabricated and procure required parts, and then mobilize to site for construction.

The estimate is broken down as follows:

R – Page 546 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 5 - 1 0

The schedule is broken down as follows:

* Escalators Disrupted for Site Investigation

5.2 New Construction
The New Construction (or complete replacement) would be designed by providing a complete set of plans and specifications for structural modifications, temporary stairs and ramps, chiller relocation, and other utility rerouting. A performance specification would be developed for the escalator. A general contractor would be procured via bid solicitation. Following the bid process the contractor would commence construction and procure the escalators. Installation of the escalators would be completed by the contractor in cooperation with the vendor.

The estimate is broken down as follows:

The schedule is broken down as follows:

Design NTP(8/1/25)
PSP Bids(9/19/25)
Project NTP(1/9/26)
Installation Begin(5/29/26)First Escalator Complete(9/18/26) Second Escalator Complete(1/8/27)
*
Only 1 Escalator In Service

R – Page 547 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 5 - 1 1

5.3 Kone Repair-in-Place
The Kone Repair-in-Place project would require Kone to be contracted directly to perform a detailed assessment in conjunction with our team. Kone would develop a report detailing their findings and the proposed repairs and/or part replacements. Finally, Kone would be instructed to commence work and would begin sourcing and fabricating the required parts and components.

The estimate is broken down as follows:

* Further investigation required; this estimate addresses repairing the issues causing the current operational noise only; additional defects may be discovered by Kone.

The schedule is broken down as follows:

5.4 Recommendation
RS&H, in consultation with VDA, recommend pursuing an In-Truss Modification. After extensive discussions with the team at PSP, it is clear that the additional enabling works and operational Design NTP(8/1/25)
CMAR Selected(11/21/25)
Design/Permitting Complete(3/13/26)
Comms Relocated(7/17/26)Chillers Relocated(9/25/26)
Structural Modifications Complete(12/25/26)
First Escalator Complete(2/19/27)
Second Escalator Complete(4/16/27)
Design NTP(8/1/25)
PSP Initiates with TK(8/15/25)
TK/Kone Negotiations Complete(11/25/25)
Kone NTP(12/8/25)Work Commences(1/6/26)
First Escalator Complete(1/17/26)
Second Escalator Complete(1/31/26)
No Escalators (6-7 months)
Only 1 Escalator In Service

R – Page 548 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 1 2
disruption do not warrant new construction (replacement). A detailed site survey including removing of steps followed by a strong performance specification should produce a result that yields an operational life suited to the airport.
6 Further Recommendations
RS&H and VDA developed these further recommendations based on their observations in the field, feedback from airport facilities staff, and input from the TK maintenance technicians.

6.1 More Robust Service Agreement
The existing agreement provides for maintenance of the in-place equipment only. There is no routine preventative service being performed between maintenance visits. These units were not intended for outdoor use and the afternoon heat exposure, combined with the often dusty environment, warrant an enhanced service agreement with prescribed cleanings and lubrication to slow wear and tear.

6.2 Reduce Daily Run Time
The escalators currently run 24 hours a day, 7 days a week. The airport sees no commercial flights between 11PM and 5AM most nights and the units could be shut off with no impact to the passenger experience. This would also provide a great time window for scheduled servicing.

A replacement escalator, or in-truss modification, could be specified to include a system that also slows the units down when there are lulls in pedestrian traffic.

6.3 Extend Shade over Escalators
The shade structure that currently shades the escalators and Bono Concourse Plaza could be extended to provide shade so that the escalators do not see any direct sun. This would eliminate a key driver for the wear and tear on the escalators.

6.4 Procure Maintenance/Service Competitively
For either a replacement escalator, or in-truss modification, the future maintenance and servicing can be procured competitively along with supply of the escalator equipment. The escalator performance specification can be written so that the future maintenance and service is a scorable criteria for selection of qualified vendors. 7 Appendices
Refer to the following Appendix sections.

R – Page 549 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 1 3

7.1 Airport Commission Presentation

R – Page 550 of 925

The City of Palm SpringsPalm Springs International AirportEscalator Assessment

R – Page 551 of 925

Known IssuesAlternative SolutionsSite Challenges for ReplacementOther SuggestionsAgenda

R – Page 552 of 925

Known Issues1. Excessive Downtime (sensor activated vs. maintenance/repairs)2. In-Truss Replacement 9-years ago3. Escalator Maintenance managed through State certified contractor•Up to 36 hours to respond to operational issues4. Clear long-term wear damage to handrail tracks5. Escalator operation resulting in noise; wear damage causing repetitive knocking sound6. Operating Outdoors7. Exposure to late-day sun

R – Page 553 of 925

Alternative Solutions1. Kone Repair-in-place•Kone evaluate and recommend repairs to bring back into expected service2. In-Truss Modification•Strip down to the truss and rebuild as new3. Replacement and Upgrade•Remove existing, modify structure, install APTA standard

R – Page 554 of 925

Design NTP(8/1/25)
PSP Initiates with TK(8/15/25)
TK/Kone Negotiations Complete(11/25/25)
Kone NTP(12/8/25)Work Commences(1/6/26)
First Escalator Complete(1/17/26)
Second Escalator Complete(1/31/26)Kone Repair-in-place
CostItem$350,000Escalator Design/Procure/Install*$85,000Design & Construction Admin$435,000TOTAL* Further investigation required; this estimate addresses the current operational noise only Only 1 Escalator In Service

R – Page 555 of 925

In-Truss Modification
Design NTP(8/1/25)
PSP Bids(9/19/25)
Project NTP(1/9/26)
Installation Begin(5/29/26)First Escalator Complete(9/18/26) Second Escalator Complete(1/8/27)
CostItem$1,200,000Escalator Design/Procure/Install$200,000Design & Construction Admin$1,400,000TOTAL Only 1 Escalator In Service
** Escalators Disrupted for Site Investigation

R – Page 556 of 925

Replacement and Upgrade
Design NTP(8/1/25)
CMAR Selected(11/21/25)
Design/Permitting Complete(3/13/26)
Comms Relocated(7/17/26)Chillers Relocated(9/25/26)
Structural Modifications Complete(12/25/26)
First Escalator Complete(2/19/27)
Second Escalator Complete(4/16/27)
No Escalators (6-7 months)CostItem$3,000,000Structural Modifications (w/ seismic)$200,000Temporary Stairs/Ramps$1,000,000Chiller Relocation$500,000Communication Rerouting$2,000,000Escalator Procurement$1,000,000Design & Construction Admin$7,700,000TOTAL

R – Page 557 of 925

Pros/Cons
Kone Repair-in-placeReplacement and UpgradeIn-Truss Modification*Cost*SchedulePassenger XUnknownServiceable Life* A detailed investigation required to validate actual values

R – Page 558 of 925

Site Challenges1. Chiller plant2. Elevator tower3. Narrow entry to concourse4. Occupant Load of concourse5. Unique structural challenges

R – Page 559 of 925

Site Challenges

R – Page 560 of 925

Site Challenges

R – Page 561 of 925

Site Challenges

R – Page 562 of 925

Site Challenges

R – Page 563 of 925

Site Challenges

R – Page 564 of 925

Other Suggestions1. More Robust Service Agreement•Sun exposure and outdoor location•More than maintenance; frequent cleaning & lubrication2. Reduce daily run time•Late night into early morning shut off3. Extend shade over escalators4. Procure maintenance/service competitively along with new equipment

R – Page 565 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 1 4

7.2 Photos

R – Page 566 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 1 5

R – Page 567 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 1 6

R – Page 568 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 1 7

R – Page 569 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 1 8

R – Page 570 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 1 9

R – Page 571 of 925

B o n o C o n c o u r s e E s c a l a t o r A s s e s s m e n t A u g u s t 1 5 , 2 0 2 5 7 - 2 0

R – Page 572 of 925

CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: APPROVE THE FUNDING OF TWO CAPITAL IMPROVEMENT

PROJECTS FROM MEASURE J FUNDS FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve the funding of two capital improvement projects from Measure J funds in an amount not to exceed $1,500,000 for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve the funding of two capital improvement projects from Measure J funds in an amount not to exceed $1,500,000 for the Palm Springs International Airport.

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

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

BACKGROUND:

On September 17, 2025, the Airport Commission voted unanimously (15-0) in favor to recommend to the Measure J Oversight Commission the approval of funding for two Airport capital improvement projects with Measure J funds in an amount not to exceed $1,500,000 as depicted below in Figure 2.

Proposed Projects Estimated Cost
Terminal Seating and Charging Tables $500,000
Federal Inspection Station (FIS) $1,000,000
Total Estimated Cost $1,500,000
Figure 2

S – Page 573 of 925

City Council Staff Report
March 11, 2026 -- Page 2
Approve the Funding of Two Capital Improvement Projects from Measure J Funds On October 16, 2025, the Measure J Oversight Commission voted unanimously (6-0) in favor to recommend to the City Council the approval of two Airport capital improvement projects from Measure J funds in an amount not to exceed $1,500,000 for the Airport.

STAFF ANALYSIS:

As part of the ongoing efforts to enhance the Airport’s facilities and services, staff is recommending the funding of the two Airport capital improvement projects with Measure J funds. The two proposed Airport capital improvement projects are vital for the enhancement of the overall Airport passenger experience.

Terminal Seating and Charging Tables
Adding terminal seating and charging tables to the Airport’s Bono Concourse will enhance passenger comfort, convenience, satisfaction, and efficiency. The proposed investment of $500,000 will create a more enjoyable and stress-free travel experience for the passengers. Airport staff are in the process of reviewing several options for terminal seating and charging tables which can be procured through a cooperative purchase agreement. The final options will be presented to the Airport Commission for their recommendation. The project is estimated to be completed in the fourth quarter of 2026.

Federal Inspection Station (FIS)
Airport staff and Visit Greater Palm Springs (VGPS) collaborated with the Airport’s On- Call Planning Consultant, InterVISTAS Consulting USA LLC, to conduct the following:

A two-phased FIS feasibility study was conducted in 2023 and 2024:
Phase 1 was focused on preparing five case studies that were appropriate comparators to the Airport.
Phase 2 provided a business case which included the following:
oA market analysis of passenger trends and airline growth at the Airport. oThe economic impact of a FIS facility at the Airport, including job creation and regional economic growth.
oInitial facility sizing and site alternatives.
oA scope and capability analysis focused on the ability of the airfield to accommodate larger aircraft.
oFinancial considerations and high-level pro-forma evaluating potential FIS user fees.
oAn environmental compliance assessment.
oA strategy for obtaining approvals for CBP officers at the Airport for commercial

S – Page 574 of 925

City Council Staff Report
March 11, 2026 -- Page 3
Approve the Funding of Two Capital Improvement Projects from Measure J Funds flights.

Following completion of the feasibility study, a CBP Engagement Plan was undertaken in 2025 to support the effort to secure CBP approval and resources through the Reimbursable Services Program (RSP) and the User Fee Airport Program to support expanded international operations and a future state-of-the-art FIS facility. The following was conducted for the CBP Engagement Plan:
Outreach to air carriers alongside VGPS and prepared a nominal flight schedule with aircraft types and passenger volumes.
Developed an initial staffing plan from the nominal flight schedule as well as explored additional opportunities to maximize CBP resource utilization. Obtained non-binding letters of commitment from two airlines currently operating at the Airport with strong verbal interest expressed from additional carriers. Written endorsements were obtained from:
oThe Mayor of Palm Springs
oVisit Greater Palm Springs
oThe Cities of:
La Quinta
Palm Desert
Cathedral City
Rancho Mirage
Indio
Indian Wells
Desert Hot Springs
Congressional support obtained from:
oAssemblymember Jeff Gonzalez
oAssemblymember Greg Wallis
oRepresentative Ken Calvert
oRepresentative Raul Ruiz
Held a briefing on the Airport’s proposed international plan with Andrew H.

Douglas, Acting Director for CBP’s Los Angeles Field Office (DFO) on September 24, 2025. The nominal flight schedule and initial presumed staffing needs were shared with the CBP. The CBP expressed appreciation for being involved at this early stage as well as support for next steps.

Before re-engaging the CBP Director of Field Operations (DFO) with a formal request,

S – Page 575 of 925

City Council Staff Report
March 11, 2026 -- Page 4
Approve the Funding of Two Capital Improvement Projects from Measure J Funds the Airport conducted an additional detailed demand validation and facility assessment exercise to strengthen the credibility and precision of the forthcoming CBP submission.

The more detailed facility assessment will be coupled with an updated site assessment to determine the optimal location for the FIS facility.

The Airport staff will seek formal approval from the CBP to staff an auxiliary FIS facility with CBP officers. Completion of the auxiliary FIS facility is estimated to be completed in summer 2027. The auxiliary FIS facility will support international operations while the primary FIS facility is being constructed. Completion of the primary FIS facility is estimated to be completed in 2032.

Adding a Federal Inspection Station (FIS) will increase the Airport’s ability to receive international flights directly from other countries, enhancing global connectivity and expanding access to international destinations. The Airport will invest $8.5 million from its Passenger Facility Charges (PFCs) fund, along with the proposed $1 million to support the establishment of the FIS. The $1 million allocation will fund one year of salaries and benefits for Customs and Border Protection officers, as well as the equipment necessary to stand up the FIS. This strategic investment is expected to attract international airlines and new routes, increase passenger traffic, strengthen airline partnerships, enhance the Airport’s visibility, and support regional economic growth by facilitating tourism and business travel.

In February 2026, a scheduled meeting with CBP was canceled due to the government shutdown, Communication with the CBP will remain suspended until the shutdown ends.

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 the City of Palm Springs’ Strategic Plan Broad Goals of Infrastructure and Facilities, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Operational Excellence and Infrastructure.

FISCAL IMPACT:

S – Page 576 of 925

City Council Staff Report
March 11, 2026 -- Page 5
Approve the Funding of Two Capital Improvement Projects from Measure J Funds In the event that the Airport’s formal request to the CBP to staff an auxiliary FIS facility isn’t approved or the City Council doesn’t approve the FIS Project, $1 million of the Measure J Funds could be reallocated upon the recommendation of approval from the Airport Commission and Measure J Oversight Commission, and approval from the City Council.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett, Jr.

Director of Finance and Treasurer: Kristopher J. Mooney City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

None.

S – Page 577 of 925

CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 26P019 WITH CHANDLER ASSET MANAGEMENT, INC., FOR NON-

DISCRETIONARY PORTFOLIO ADVISORY SERVICES
FROM: Scott C. Stiles, City Manager
BY: Department of Finance & Treasury
SUMMARY:

This action will award a professional services agreement with Chandler Asset Management, Inc., a California corporation, to provide Non-Discretionary Advisory professional services.

RECOMMENDATION:

1. Approve Professional Services Agreement No. 26P019 with Chandler Asset Management, Inc. for Non-Discretionary Portfolio Advisory Services in an amount not to exceed $514,200 for the initial three (3) years, with two (2) one-year options to extend at the City’s discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on January 6, 2026, Chandler Asset Management, Inc. is registered in the state of California.

BACKGROUND:

The City seeks to engage a firm registered with the Securities and Exchange Commission (SEC) under the Investment Advisers Act of 1940 to provide non-discretionary portfolio advisory services. The selected advisor will serve in a fiduciary capacity, ensuring all performance reporting adheres to the CFA Institute’s Global Investment Performance Standards (GIPS). The advisor will be responsible for managing the City’s investment portfolio currently valued at approximately $400 million in strict compliance with California State law, the City’s Investment Policy, and all established internal procedures.

T – Page 578 of 925

City Council Staff Report
March 11, 2026 -- Page 2
Professional Services Agreement NO. 26P019
STAFF ANALYSIS:

Finance and Treasury Department staff worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a consultant for the services needed. The RFP was advertised in the local newspaper and published on the PlanetBids website. Three proposals were received by the deadline of January 06, 2026, as follows:
Chandler Asset Management, Inc. – San Diego, CA
U.S. Bancorp Asset Management, Inc. – Los Angeles, CA
Meeder Public Funds, Inc. – Dublin, OH (Non-responsive) The evaluation team made up of City staff from the Finance and Treasury Department evaluated the proposals based on the criteria established in the RFP. After reviewing and scoring the written proposals, the evaluation committee conducted on-line interviews with the two highest scoring firms. Following the interviews, the committee unanimously recommended the selection of Chandler Asset Management, Inc. as the most qualified professional firm to provide the services requested for the Project.

Chandler Asset Management, Inc. has been providing investment advisory and management services for municipalities and other local governments in the State of California for over 3 decades, including the City of Palm Springs since 2021. They are a southern California-based investment adviser, and 100% employee-owned California Corporation. Chandler has assisted public agencies in fulfilling their fiduciary duties to their constituents by providing high quality fixed income portfolios in a prudent investment framework and providing personalized client services, meeting their investment objectives for their clients.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This item supports the City Council Strategic Plan Foundation of Financial and Organizational Well-Being.

FISCAL IMPACT:

T – Page 579 of 925

City Council Staff Report
March 11, 2026 -- Page 3
Professional Services Agreement NO. 26P019
Funds are budgeted in the appropriate Finance Department accounts for FY2025-2026 for these services and will be allocated accordingly in future years of the agreement.

REVIEWED BY:

Department Director: Kristopher J. Mooney
Procurement & Contracting Manager: Tabitha Richards
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 26P019
B. Public Integrity Disclosure Form

T – Page 580 of 925

ATTACHMENT A
Agreement No. 26P019

T – Page 581 of 925

55575.18100\42907009.1
BB&K (2024) Page 1 of 24

PROFESSIONAL SERVICES AGREEMENT 26P019

NON-DISCRETIONARY PORTFOLIO ADVISORY SERVICES
Thi
s Professional Services Agreement (“Agreement”) is entered into this 12th day of March 2026 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and Chandler Asset Management, Inc. , a California Corporation (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RE
CITALS
A. C
ity requires the services of a consultant, for Non-Discretionary Portfolio Advisory S
ervices (“Project”).

B. C
onsultant has submitted to City a proposal to provide Non-Discretionary Portfolio Advisory Services, to City under the terms of this Agreement.

C. C
onsultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. C
ity desires to retain Consultant to provide such professional services.

N
OW, 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:

A

GREEMENT

1. SER

VICES OF CONSULTANT

1. 1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work 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.

1. 2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) t
he Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated

T – Page 582 of 925

55575.18100\42907009.1

BB&K (2024) Page 2 of 24

herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4 th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments . Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of five hundred fourteen thousand two hundred dollars and zero cents ($514,200.00) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.

2.2. Method of Payment . Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10
th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

T – Page 583 of 925

55575.18100\42907009.1

BB&K (2024) Page 3 of 24

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested 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 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.

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

3. SCHEDULE OF PERFORMANCE

3.1 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 3 years, commencing on March 12, 2026, and ending on March 11 , 2029, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms

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

3.3 Schedule of Performance. Intentionally Omitted.

3.4 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

T – Page 584 of 925

55575.18100\42907009.1

BB&K (2024) Page 4 of 24

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. COORDINATION OF WORK

4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Mia Corral Brown It is expressly understood that the experience, knowledge, education, capability, expertise, 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 performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 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.

4.3 Prohibition Against Subcontracting or Assignments. 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 provisions 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 subconsultant (s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the

T – Page 585 of 925

55575.18100\42907009.1

BB&K (2024) Page 5 of 24

conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 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

T – Page 586 of 925

55575.18100\42907009.1

BB&K (2024) Page 6 of 24

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

5. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.

(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.

(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later . In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory

T – Page 587 of 925

55575.18100\42907009.1

BB&K (2024) Page 7 of 24

requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require eac h of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City reserves the right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

T – Page 588 of 925

55575.18100\42907009.1

BB&K (2024) Page 8 of 24

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment

T – Page 589 of 925

55575.18100\42907009.1

BB&K (2024) Page 9 of 24

of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 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 such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Consultant 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 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:

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

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

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

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold

T – Page 590 of 925

55575.18100\42907009.1

BB&K (2024) Page 10 of 24

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.

6.2 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.

7. REPORTS AND RECORDS

7.1 Accounting 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 to 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.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement

T – Page 591 of 925

55575.18100\42907009.1

BB&K (2024) Page 11 of 24

shall be the property of City and shall be promptly delivered 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 exer cise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

7.4 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.

All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

7.5 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.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as 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.

8.2 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.

8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period

T – Page 592 of 925

55575.18100\42907009.1

BB&K (2024) Page 12 of 24

as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.

B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and 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.

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

8.7 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 ente red in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City

T – Page 593 of 925

55575.18100\42907009.1

BB&K (2024) Page 13 of 24

shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 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 thi s 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.

9.3 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 this 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 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement. Intentionally Omitted

10.2 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.

All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332

T – Page 594 of 925

55575.18100\42907009.1

BB&K (2024) Page 14 of 24

To Consultant: Chandler Asset Management, Inc.

Attention: Mia Corral Brown
9255 Town Centre Drive, Suite 600
San Diego, CA 92121
Telephone: ( 858) 546-3737

10.3 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.

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

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

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

10.6 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.

10.7 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.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

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

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

T – Page 595 of 925

55575.18100\42907009.1

BB&K (2024) Page 15 of 24

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

[SIGNATURES ON NEXT PAGE]

T – Page 596 of 925

55575.18100\42907009.1

BB&K (2024) Page 16 of 24

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CHANDLER ASSET MANAGEMENT, INC.

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

CONSULTANT:

By: ______________________________ By: _______________________________ Signature Signature

Date: __ Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

T – Page 597 of 925