CITY OF PALM SPRINGS
Regular Meeting Agenda
MARCH 11, 2026
3:30 PM Closed Session
5:30 PM Open Session
Council Chamber
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Palmspringsca.gov
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY
Naomi Soto, Mayor
David Ready, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
Ron deHarte, Councilmember
Scott Stiles, City Manager
A
Pursuant to Assembly Bill 557 -
• To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
• You may submit your public comment to the City Council electronically.
Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
3:30 PM CLOSED SESSION:
CLOSED SESSION CALL TO ORDER:
PUBLIC COMMENT FOR CLOSED SESSION (Council Chamber):
The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760- 323-8204 or [email protected]. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room):
CONFERENCE WITH LEGAL COUNSEL: The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.
CLOSED SESSION ITEM(S):
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION, PURSUANT TO GOVERNMENT CODE SECTION
54956.9(D)(4)
One (1) matter
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION,
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1)
Two (2) Matters
Palm Springs Promenade, LLC v City of Palm Springs, American Arbitration Association Case No. 01-23-0002-5716
Ozzy Duran v. City of Palm Springs, Riv. Sup. Ct. Case No.
CVPS2509011
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property:
165 N. Indian Canyon Drive, Palm Springs
(APN: 513-092-009)
149 N. Indian Canyon Drive, Palm Springs
(APN: 513-092-003)
146 N. Palm Canyon Drive, Palm Springs (APN:
City Negotiator:
Negotiating parties:
Under negotiation:
513-092-010)
Scott Stiles, City Manager, and
Jeff Ballinger, City Attorney
Michael Braun, Town & Country Center, LLC
Price and Terms
CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiators: Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
Employee organization: Palm Springs Firefighters Association Palm Springs Fire Management Association
Public Employees Association of Palm Springs
Management Association of Palm Springs
CLOSED SESSION ADJOURNMENT:
5:30 PM REGULAR MEETING:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. LEADERSHIP COACHELLA VALLEY PROGRAM UPDATE
ACCEPTANCE OF THE AGENDA:
The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY (Non-Public Hearing Agenda Items Only): This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
1A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of February 25, 2026.
1B. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE
WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PAYMENT OF PAYROLL
WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-31-
26 TOTALING $2,743,033.38 AND ACCOUNTS PAYABLE
WARRANTS DATED 01-26-26, 01-29-26, AND 02-02-26
TOTALING $8,287,112.84, IN THE AGGREGATE AMOUNT OF
$11,030,146.22 DRAWN ON BANK OF AMERICA”.
1C. ADOPT A RESOLUTION TERMINATING THE JOINT
EXERCISE POWERS AGREEMENT WHICH ESTABLISHED
THE EASTERN RIVERSIDE COUNTY INTEROPERABLE
COMMUNICATIONS AUTHORITY (ERICA)
RECOMMENDATION:
Adopt a resolution entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
TERMINATING THE JOINT EXERCISE POWERS AGREEMENT
WHICH ESTABLISHED THE EASTERN RIVERSIDE COUNTY
INTEROPERABLE AUTHORITY."
1D. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS
LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL
CODE 3.39.050
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE
RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE
§3.39.050 APPROVED BY VOTERS BY MEASURE “G”.”
1E. APPROVAL OF PARCEL MAP 39219 TO SUBDIVIDE
PROPERTY BY THE CITY OF PALM SPRINGS
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING PARCEL MAP 39219 TO SUBDIVIDE CITY-OWNED
PROPERTY LOCATED AT APN 680-020-036, GENE AUTRY TRAIL
(1400-1500 BLOCK), IN SECTION 19, TOWNSHIP 4 SOUTH,
RANGE 5 EAST.”
1F. APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT NO. 24B101 WITH TIMBERLINE GSE, INC. TO
PURCHASE FOUR SWITCHBACK PASSENGER BOARDING
RAMPS FOR THE PALM SPRINGS INTERNATIONAL
AIRPORT
RECOMMENDATION:
1. Approve Amendment No. 2 to Contract Services
Agreement No. 24B101 with Timberline GSE, Inc. to
purchase four switchback passenger boarding ramps,
including two years of warranty and maintenance services, for the Palm Springs International Airport for an additional amount of $278,000 for a revised contract amount not to exceed $556,000, and extend the contract term for two
years, June 17, 2024, through June 16, 2028.
2. Authorize the City Manager or designee to execute all necessary documents.
1G. APPROVAL OF A RESOLUTION TO ACCEPT PETITION
CERTIFICATION OF OLD LAS PALMAS UNDERGROUND
UTILITY ASSESSMENT DISTRICT NO. 2, INITIATE
FORMATION OF THE DISTRICT AND PROCEED WITH
ASSESSMENT ENGINEER’S REPORT AND BALLOTING
RECOMMENDATION:
1. Staff recommends the City Council find this project
exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15302 (d) (conversion of
overhead electric utility distribution system facilities to underground including connection to existing overhead
electric utility distribution lines where the surface is restored to the condition existing prior to the
undergrounding).
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACCEPTING PETITION OF OLD LAS PALMAS ASSESSMENT
DISTRICT NO. 2”.
3. Authorize staff to collect deposits from the Old Las Palmas Neighborhood in an amount sufficient to order the
necessary Assessment Engineering Services from our on-
call Assessment Engineer to prepare the Engineer’s Report in compliance with Proposition 218.
4. Authorize the City Manager to execute all necessary
documents.
1H. APPROVAL OF AMENDMENT NO. 5 IN THE AMOUNT OF
$280,000 TO CONTRACT SERVICES AGREEMENT NO.
A8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL
TRAFFIC SIGNAL MAINTENANCE SERVICES FOR THE
REMAINDER OF FISCAL YEAR 2025-2026
RECOMMENDATION:
1. Approve Amendment No. 5 to Contract Services
Agreement No. 8865 with St. Francis Electric, LLC,
increasing the maximum annual contract amount by
$280,000 for Traffic Signal Maintenance Services for Fiscal Year 2025-2026;
2. Appropriate $280,000 from the Measure A Traffic Safety Project balance; and
3. Authorize the City Manager to execute all necessary
documents.
1I. APPROVE AMENDMENT NO. 2 TO THE LEASE WITH MIZELL
CENTER, LOCATED AT 480 SOUTH SUNRISE WAY, TO
EXTEND LEASE AN ADDITIONAL TWENTY (20) YEARS
RECOMMENDATION:
1. Approve Amendment No. 2 to the Lease with Mizell Center to extend the term an additional twenty years.
2. Authorize the City Manager or designee to execute all necessary documents.
1J. APPROVE AMENDMENT NO. 1 TO NON-EXCLUSIVE
OPERATING AND LEASE AGREEMENT NO. 25L083 WITH
ALCLEAR, LLC DBA CLEAR, TO ADJUST COMMERCIAL
ACTIVITY FEE BASED UPON CPI, INCLUDE 10%
COMMISSION ON MEET AND ASSIST FEE, AND TO
INCREASE THE MINIMUM ANNUAL GUARANTEE TO
$131,000 FOR BIOMETRIC PASSENGER SCREENING
SERVICES AT THE PALM SPRINGS INTERNATIONAL
AIRPORT
RECOMMENDATION:
1. Approve Amendment No. 1 to a Non-Exclusive Operating and Lease Agreement No. 25L083 with Alclear, LLC dba
CLEAR to adjust Commercial Activity Fee based upon CPI, include 10% commission on Meet and Assist Fee, and
increase the Minimum Annual Guarantee (MAG) for
biometric screening services at the Palm Springs
International Airport (Airport/PSP).
2. Authorize the City Manager or designee to execute all necessary documents subject to such changes/revisions
agreeable to the City Manager and City Attorney.
1K. APPROVE AMENDMENT NO. 2 TO LICENSE AGREEMENT
A9460 WITH MOBILEMONEY, INC. TO EXTEND THE TERM
THROUGH DECEMBER 31, 2026 FOR AUTOMATED TELLER
MACHINE (ATM) SERVICES AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
RECOMMENDATION:
1. Approve retroactively Amendment No. 2 to License
Agreement No. A9460 with MobileMoney, Inc. to extend
the term through December 31, 2026, for automated teller machine (ATM) services at the Palm Springs International Airport.
2. Authorize the City Manager or designee to execute all necessary documents subject to such changes/revisions
agreeable to the City Manager and City Attorney.
1L. AWARD PROFESSIONAL SERVICES AGREEMENT NO.
26Q021 WITH DALEY STRATEGIES, LLC FOR CITY
ADMINISTRATION STRATEGIC COMMUNICATIONS
SERVICES AND PROFESSIONAL SERVICES AGREEMENT
NO. 26Q022 FOR STRATEGIC COMMUNICATIONS FOR
PALM SPRINGS CONVENTION CENTER RENOVATION AND
EXPANSION PROJECT
RECOMMENDATION:
1. Approve Professional Services Agreement No. 26Q021 with Daley Strategies, LLC to provide on-call strategic
communications services for City Administration in an
amount not to exceed $325,000 for an initial three-year term commencing on March 12, 2026, and continuing
through March 11, 2029, with two one-year extension
options by mutual consent;
2. Approve Professional Services Agreement No. 26Q022 with Daley Strategies, LLC to provide strategic communications services for the Palm Springs Convention Center
Renovation and Expansion Project in an amount not to
exceed $307,445 for an initial one-year term commencing on March 12, 2026, and continuing through March 11,
2027, with two one-year extension options by mutual
consent;
3. Authorize the City Manager or designee to execute all necessary documents.
1M. APPROVE AMENDMENT NO. 4 TO CONTRACT SERVICE
AGREEMENT NO. A9145 WITH MOHAWK COMMERCIAL,
INC., FOR SYSTEMWIDE FLOORING AND INSTALLATION
SERVICES
RECOMMENDATION:
1. Approve Amendment No. 4 to Agreement No. A9145
(Attachment A) with Mohawk Commercial, Inc, to provide
systemwide flooring and installation services for the Public Works Department for an additional amount of $445,000
and for a total revised contract amount not to exceed
$995,000, and extending the term through June 14, 2027; and
2. Authorize the City Manager or designee to execute all necessary documents.
1N. 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)
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.
1O. 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
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.”
1P. APPROVAL OF THE FISCAL YEAR 2026/2027 CSA 152
SPECIAL ASSESSMENT RATE
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.”
1Q. 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)
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.
1R. 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
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.
1S. APPROVE THE FUNDING OF TWO CAPITAL IMPROVEMENT
PROJECTS FROM MEASURE J FUNDS FOR THE PALM
SPRINGS INTERNATIONAL 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.
1T. APPROVE PROFESSIONAL SERVICES AGREEMENT NO.
26P019 WITH CHANDLER ASSET MANAGEMENT, INC., FOR
NON-DISCRETIONARY PORTFOLIO ADVISORY 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.
2. PUBLIC HEARINGS:
2A. AN APPLICATION BY CITY OF PALM SPRINGS FOR
HISTORIC SITE DESIGNATION OF “THE HAL FORREST
RESIDENCE” LOCATED AT 608 SOUTH INDIAN TRAIL (APN
508-152-001), CASE HSPB #175
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING THE HAL
FORREST RESIDENCE, LOCATED AT 608 SOUTH INDIAN
TRAIL, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE
HSPB #175, SUBJECT TO CONDITIONS (APN 508-152-
001).”
2B. COMMUNITY DEVELOPMENT BLOCK GRANT 2026–2027
ANNUAL ACTION PLAN AND BUDGET PUBLIC HEARING
RECOMMENDATION:
1. Open the Public Hearing for testimony.
2. Review the draft 2026-2027 CDBG Budget and Annual
Action Plan and provide direction to staff.
3. Schedule a Public Hearing for April 22, 2026, to consider for approval and adoption of the 2026-2027 CDBG Budget
and Annual Action Plan.
3. BUSINESS & LEGISLATIVE:
3A. INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS
5.27.050(D) AND 5.27.040(D), (E) AND (F) OF THE PALM
SPRINGS MUNICIPAL CODE, REGARDING THE CITY’S
HOTEL INCENTIVE PROGRAM
RECOMMENDATION:
Waive the full reading of the ordinance text in its entirety and read by title only; and introduce for first reading of Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS
5.27.050(D) AND 5.27.040(D), (E), AND (F) OF THE PALM
SPRINGS MUNICIPAL CODE, REGARDING THE CITY’S HOTEL
OPERATIONS INCENTIVE PROGRAM”
3B. APPROVE THE REQUEST FOR FINANCIAL ASSISTANCE
AND FUNDING COMMITMENT IN THE AMOUNT OF
$3,000,000 FOR DEVELOPMENT AND CONSTRUCTION OF
A 72-UNIT AFFORDABLE SENIOR HOUSING PROJECT
LOCATED AT 1555 E. ALEJO ROAD IN THE CITY OF PALM
SPRINGS
RECOMMENDATION:
1. Approve a funding commitment in the amount of Three
Million Dollars ($3,000,000) to Wakeland Housing and
Development Corporation to provide permanent financing
for the development of a 100 percent affordable housing community located at 1555 East Alejo Road in the City of Palm Springs.
2. Authorize the City Manager to execute the Funding
Commitment Letter and other necessary documents to
facilitate the funding commitment.
3C. AMENDMENT TO SETTLEMENT/DEVELOPMENT
AGREEMENT BY AND BETWEEN CITY OF PALM SPRINGS
AND SELENE PALM SPRINGS, LLC
RECOMMENDATION:
1. Approve the First Amendment to the 2023 Dream Hotel
Settlement and Development Agreement with Selene,
Inc.; and,
2. Authorize the City Manager and City Attorney to make any non-substantive changes as needed and to execute the
Amendment.
3D. ORCHID TREE HOTEL PROJECT COVENANT AGREEMENT
MILESTONE UPDATE
RECOMMENDATION:
Receive and file.
PUBLIC COMMENT (Non-Agenda Items):
This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the
City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
A. TENTATIVE UPCOMING MEETING SCHEDULE
ADJOURNMENT:
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 3-5-2026, and posted on the City’s website as required by established policies and procedures.
Brenda Pree, MMC, CERA
City Clerk
PUBLIC NOTICE
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
(DRAFT MEETING MINUTES)
February 25, 2026
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Soto on February 25, 2026, at 5:45 PM.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Ready led the City Council in the Pledge of Allegiance.
ROLL CALL:
Present: Councilmember Jeffrey Bernstein, Councilmember Ron deHarte, Councilmember Grace Garner, Mayor Naomi Soto, Mayor Pro Tem David Ready
Absent: None
City Staff
Present:
Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Assistant City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS:
A. REVIEW OF PUBLIC COMMENT RELATED TO ZONING CODE UPDATE Planning Director Hadwin provided a presentation titled “Review of Public Comment Related to the Zoning Code Update”.
PROCLAMATIONS:
Mayor Soto announced the issuance of the following proclamations:
• February 12, 2026, was proclaimed as Nelda Linsk Day. • February 19 – 23, 2026, was proclaimed as International Bear Weekend.
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City of Palm Springs (DRAFT) Page 2
ACCEPTANCE OF THE AGENDA:
Motion by Mayor Pro Tem Ready, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Accept the Agenda with the removal of Consent Calendar Item Nos. 1D and 1F for separate discussion; with Councilmember deHarte noting recusals on Consent Calendar Item Nos. 1B and 1C.
AYES: Councilmember Bernstein, Councilmember deHarte, Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready
NAYS: None
ABSTAIN: None
RECUSED: None
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of February 25, 2026, was called to order by Mayor Soto at 3:31 PM.
Motion by Mayor Pro Tem Ready, Second by Councilmember deHarte, CARRIED 5-0, to add the following late-breaking item to the Closed Session Agenda:
CONFERENCE WITH LEGAL COUNSEL— REAL PROPERTY NEGOTIATION, Pursuant to Government Code Section 54956.8:
Town & Country (APN Nos. 513-092-009, 513-092-003, 513-093-010) The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
CLOSED SESSION ITEM(S):
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):
Under existing facts and circumstances, there were three (3) matters.
Supporters Alliance for Environmental Responsibility v. City of Palm Springs, et al, Riv. Superior Court No. CVRI2506980
Jennifer Gianerakis v. City of Palm Springs, Riv. Superior Court No. CVPS2406892 Palm Springs Promenade, LLC v City of Palm Springs, American Arbitration Association Case No. 01-23-0002-5716
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City Council Minutes February 25, 2026
City of Palm Springs (DRAFT) Page 3
CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code Section 54957.6:
City Negotiators: Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
Employee organizations: Palm Springs Firefighters Association Palm Springs Fire Management Association
Public Employees Association of Palm Springs
Management Association of Palm Springs
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association
(PSPMA)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to
Government Code Section 54956.8:
Property:
City Negotiator:
Negotiating parties:
Under negotiation:
125 E. Tahquitz Canyon Way, Palm Springs
Scott Stiles, City Manager,
and Jeff Ballinger, City Attorney
Michael Braun, Grit Development
Price and Terms
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there was one (1) matter.
LATE BREAKING ITEM:
CONFERENCE WITH LEGAL COUNSEL— REAL PROPERTY NEGOTIATION, Pursuant to Government Code Section 54956.8:
Town & Country (APN Nos. 513-092-009, 513-092-003, 513-093-010).
Councilmember Bernstein recused from the Palm Springs Promenade closed session item.
PUBLIC TESTIMONY (Non-Public Hearing Agenda Items Only):
Michael Joseph Pitkin, Paul Hinrichsen, and Matthew Bousquette provided oral testimony.
1. CONSENT CALENDAR:
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Approve the Consent Calendar with the removal of Item Nos. 1D
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City Council Minutes February 25, 2026
City of Palm Springs (DRAFT) Page 4
and 1F for separate discussion, with Councilmember deHarte recusing from Item Nos. 1B and 1C.
1A. APPROVAL OF MINUTES
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Approve the City Council Meeting Minutes of February 11, 2026.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1B. APPROVAL OF PAYROLL & ACCOUNTS PAYABLE WARRANTS,
CLAIMS AND DEMANDS
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 4 – 0, to: Adopt Resolution No. 25378 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PAYMENT OF PAYROLL
WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-17-26
TOTALING $2,679,170.78 AND ACCOUNTS PAYABLE WARRANTS DATED 01-15-26 TOTALING $6,530,898.98 IN THE AGGREGATE AMOUNT OF $9,210,069.76 DRAWN ON BANK OF AMERICA”.
AYES: Councilmember Bernstein, Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready
NAYS: None
ABSTAIN: None
RECUSED: Councilmember deHarte
1C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2026
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 4 – 0, to: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2026.
AYES: Councilmember Bernstein, Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready
A – Page 18 of 925
City Council Minutes February 25, 2026
City of Palm Springs (DRAFT) Page 5
NAYS: None
ABSTAIN: None
RECUSED: Councilmember deHarte
1D. SECOND READING OF AN ORDINANCE ADDING CHAPTER 5.27 TO
THE PALM SPRINGS MUNICIPAL CODE, RESTRUCTURING THE
CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM (CITYWIDE)
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to: Waive the full reading of the ordinance text in its entirety and read by title only; and conduct a second reading of Ordinance No. 2126, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.27 TO THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO A RESTRUCTURED HOTEL OPERATIONS INCENTIVE PROGRAM”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1E. APPROVE CONTRACT SERVICE AGREEMENTS NO. 26B015 AND
26B016 WITH ADVANTAGE TOTAL PROTECTION, INC. FOR ALARM
MONITORING AND MAINTENANCE SERVICES
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve Contract Services Agreement No. 26B015 with Advantage Total Protection, Inc. to provide alarm monitoring and maintenance services for the Public Works Department in an amount not to exceed $525,000, for an initial three-year term from March 1, 2026, through February 28, 2029, with two optional one-year extensions at the City’s sole discretion.
2. Approve Contract Services Agreement No. 26B016 with Advantage Total Protection, Inc. to provide alarm monitoring and maintenance services for the Aviation Department in an amount not to exceed $75,000, for an initial three-year term from March 1, 2026, through February 28, 2029, with two optional one-year extensions at the City’s sole discretion.
3. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
A – Page 19 of 925
City Council Minutes February 25, 2026
City of Palm Springs (DRAFT) Page 6
NAYS: None
ABSTAIN: None
RECUSED: None
1F. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 26P020 WITH AECOM TECHNICAL SERVICES, INC., FOR COMPREHENSIVE SHADE & HEAT MITIGATION PLAN CONSULTING SERVICES
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to:
1. Approve Professional Services Agreement No. 26P020 with AECOM Technical Services, Inc., for comprehensive shade & heat mitigation plan consulting services for a term commencing on February 26, 2026, and continuing through February 25, 2028, for an amount not to exceed $445,814;
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
2. PUBLIC HEARINGS: None.
3. BUSINESS & LEGISLATIVE:
3A. INTRODUCTION OF ORDINANCE ADDING SECTION 12.28.055 TO
THE PALM SPRINGS MUNICIPAL CODE REGULATING VEHICLE
SALES ACTIVITY IN THE PUBLIC RIGHT-OF-WAY
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to: Conduct a first reading and introduce Ordinance No. 2127 entitled, “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”; and schedule the Ordinance for adoption at a subsequent meeting.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
A – Page 20 of 925
City Council Minutes February 25, 2026
City of Palm Springs (DRAFT) Page 7
ABSTAIN: None
RECUSED: None
RECESS / RECONVENE:
The City Council recessed at 7:56 p.m. and reconvened at 8:07 p.m.
3B. FISCAL YEAR 2024-2025 FINANCIAL AUDIT REPORTS OF THE CITY
OF PALM SPRINGS
Motion by Councilmember Bernstein, Second by Mayor Soto, CARRIED 5 – 0, to: Receive and file the following Financial Audit Reports for the fiscal year June 30, 2025:
• Annual Comprehensive Financial Report (ACFR)
• Audit Communication Letter to the City Council
• Passenger Facility Charge (PFC) Report
• Housing Successor Audit Communication letter to the City Council • Public Financing Authority Financial Statements
• Independent Accountant’s Agreed Upon Procedures to
Appropriations (GANN)
• Measure D Independent Accountant’s Agreed Upon Procedures • Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)
• Measure J Financial Statements and Independent Auditors’ Report
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3C. GENERAL FUND, AIRPORT, AND CAPITAL MID-YEAR FISCAL YEAR 2025-26 BUDGET UPDATE
The General Fund, Airport, and Capital Mid-Year Fiscal Year 2025-26 Budget was received and filed.
3D. UPDATE ON OFFICE OF ECONOMIC DEVELOPMENT STRATEGIC
FRAMEWORK IMPLEMENTATION PLANNING
The City Council reached consensus to continue the item.
A – Page 21 of 925
City Council Minutes February 25, 2026
City of Palm Springs (DRAFT) Page 8
PUBLIC COMMENT (Non-Agenda Items):
Michael Joseph Pitkin, Hilton Whitaker, Connie Holt, Claudia Murphy, and Matthew Bousquette provided oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
A. TENTATIVE UPCOMING MEETING SCHEDULE
City Manager Stiles and the City Council discussed the tentative meeting schedule and agenda items for upcoming meetings.
ADJOURNMENT:
The City Council adjourned the Regular Meeting of February 25, 2026, at 10:07 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
A – Page 22 of 925
CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE WARRANTS,
CLAIMS AND DEMANDS
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
Staff requests City Council approve a resolution authorizing payment of Payroll and Accounts Payable Warrants/Disbursements, drawn on Bank of America. This process occurs bi-weekly, with City Council approval required each month.
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-31-26 TOTALING $2,743,033.38 AND ACCOUNTS PAYABLE WARRANTS DATED 01-26-26, 01-29-26, AND 02-02-26 TOTALING $8,287,112.84, IN THE AGGREGATE AMOUNT OF $11,030,146.22 DRAWN ON BANK OF AMERICA”.
BACKGROUND:
Payroll and accounts payable warrants are issued regularly to fulfill the City’s obligations for employee compensation and vendor payments in accordance with City policy and budget authority.
STAFF ANALYSIS:
In accordance with Chapter 3.16 of the Palm Springs Municipal Code, the Director of Finance has conducted an audit of the payroll records covering the subject warrants and audited the claims and demands shown in the attached documents. The Director hereby certifies the accuracy of these records and confirms the availability of funds for payment.
B – Page 23 of 925
City Council Staff Report
March 11, 2026 -- Page 2
Approval of Payroll & Accounts Payable Warrants, Claims and Demands FISCAL IMPACT:
Funding for these warrants is included in the Fiscal Year Adopted Budget.
REVIEWED BY:
Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Payroll & Warrants Memo for PPE January 31, 2026
C. AP Check Reconciliation Register for January 26, 2026 D. AP Check Reconciliation Register for January 29, 2026 E. AP Check Reconciliation Register for February 2, 2026
B – Page 24 of 925
ATTACHMENT A
Resolution
B – Page 25 of 925
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 01-31-26 TOTALING $2,743,033.38 AND
ACCOUNTS PAYABLE WARRANTS DATED 01-26-26, 01-
29-26 AND 02 -02-26 TOTALING $8,287,112.84 IN THE
AGGREGATE AMOUNT OF $ 11,030,146.22 DRAWN ON
BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and
WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 11TH DAY OF MARCH 2026
.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
B – Page 26 of 925
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
B – Page 27 of 925
ATTACHMENT B
Payroll & Warrants Memo for
PPE January 31, 2026
B – Page 28 of 925
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
TOTAL 2,743,033.38
DEFERRED COMP: NATIONWIDE 65,368.83
ICMA RHS CONTRIBUTION 33,325.00
CA DCCS 5,126.38
STATE TAXES 133,310.27
VENDOR WIRE PYMTS 6,944.60
DEFERRED COMP: ICMA 457 65,319.04
FEDERAL TAXES 382,772.74
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423248-423254 13,109.74
LIABILITY CHECK REGISTER 2029091-2029106 44,319.71
PAYROLL DIRECT DEPOSITS 1,993,437.07
PAY DATE 2/6/2026
March 11, 2026
PAYROLL PERIOD ENDING 1/31/2026
Payroll and Warrants Memo for PPE 013126 | 03112026 |2/24/2026 | 9:38 AM (AM) 1 | 1
B – Page 29 of 925
ATTA
CHMENT C
AP Check Reconciliation
Register for January 26, 2026
B – Page 30 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/26/2026 10:59
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028866 01/26/2026 PRINTED 104389 AECOM TECHNICAL SERVICES 74,891.80 1 CHECKS CASH ACCOUNT TOTAL 74,891.80 .00
B – Page 31 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/26/2026 10:59
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
1 CHECKS FINAL TOTAL 74,891.80 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
B – Page 32 of 925
ATTACHMENT
D
AP Check Reconciliation
Register for January 29, 2026
B – Page 33 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 09:57
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028867 01/29/2026 PRINTED 104719 AA BEEKEEPER INC 650.00 2028868 01/29/2026 PRINTED 101754 GLOBAL PAYMENTS INC 529.32 2028869 01/29/2026 PRINTED 100390 ADDICTION MEDICINE CONSUL 465.75 2028870 01/29/2026 PRINTED 104401 HEALTH AND HUMAN RESOURCE 1,140.00 2028871 01/29/2026 PRINTED 104488 AIRPORT ONE LLC 6,600.00 2028872 01/29/2026 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 1,674.16 2028873 01/29/2026 PRINTED 103797 ALLISON MECHANICAL INC 5,716.83 2028874 01/29/2026 PRINTED 100572 AMAZON COM 45.92 2028875 01/29/2026 PRINTED 103781 AMAZON.COM SALES INC 4,819.39 2028876 01/29/2026 PRINTED 100288 AMERICAN ASPHALT SOUTH IN 305,743.17 2028877 01/29/2026 PRINTED 100383 AMERICAN FORENSIC NURSES 4,008.00 2028878 01/29/2026 PRINTED 100036 AMERICAN LIBRARY ASSOCIAT 312.00 2028879 01/29/2026 PRINTED 105013 APTAERO INC 3,100.00 2028880 01/29/2026 PRINTED 104496 AQUATECH WATER SYSTEMS IN 472.00 2028881 01/29/2026 PRINTED 100668 ASCAP 465.06 2028882 01/29/2026 PRINTED 104905 ASM CONSULTING & INVESTIG 5,217.70 2028883 01/29/2026 PRINTED 105325 AT&T MOBILITY LLC 488.88 2028884 01/29/2026 PRINTED 103384 AVIATRIX COMMUNICATIONS 800.00 2028885 01/29/2026 PRINTED 105302 JAKE BACHMAN 5,000.00 2028886 01/29/2026 PRINTED 103994 BANNER BANK 27,088.28 2028887 01/29/2026 PRINTED 016776 JAMES BARQUERA 844.98 2028888 01/29/2026 PRINTED 104386 BERG AND ASSOCIATES INC 62,304.80 2028889 01/29/2026 PRINTED 015894 SCOTT BIEGEN 56.14 2028890 01/29/2026 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 713,491.02 2028891 01/29/2026 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 47,500.00 2028892 01/29/2026 PRINTED 100351 BRUDVIK INC 1,944.00 2028893 01/29/2026 PRINTED 105547 CAESARS APPLIANCE SERVICE 5,627.00 2028894 01/29/2026 PRINTED 103633 CARAHSOFT TECHNOLOGY CORP 9,685.17 2028895 01/29/2026 PRINTED 016289 MICHAEL CARVER 464.66 2028896 01/29/2026 PRINTED 101477 CASL INTERPRETING 180.00 2028897 01/29/2026 PRINTED 100112 CDW GOVERNMENT INC 1,952.73 2028898 01/29/2026 PRINTED 103619 CHANDLER ASSET MANAGEMENT 14,381.59 2028899 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 2,000.00 2028900 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2028901 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2028902 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 3,251.21 2028903 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 269.98 2028904 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2028905 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 229.99 2028906 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2028907 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2028908 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 167.93 2028909 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2028910 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,288.88 2028911 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2028912 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2028913 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2028914 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2028915 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2028916 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 130.00 2028917 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2028918 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 130.00
B – Page 34 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 09:57
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028919 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2028920 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2028921 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 209.99 2028922 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 100.00 2028923 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 270.00 2028924 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 270.00 2028925 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,200.00 2028926 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 598.41 2028927 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,200.00 2028928 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 293.37 2028929 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 319.99 2028930 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 110.00 2028931 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 406.72 2028932 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 2,426.72 2028933 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,095.75 2028934 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS 220.02 2028935 01/29/2026 PRINTED 100353 CHARTER COMMUNICATIONS / 156.25 2028936 01/29/2026 PRINTED 100558 CINTAS CORPORATION 1,327.19 2028937 01/29/2026 PRINTED 100573 CLEAN ENERGY 2,290.84 2028938 01/29/2026 PRINTED 105103 FITNESS REPAIR SHOP INC 875.00 2028939 01/29/2026 PRINTED 104051 CONVERGINT TECHNOLOGIES L 1,687.28 2028940 01/29/2026 PRINTED 016170 SEAN CORBIN 39.34 2028941 01/29/2026 PRINTED 101598 CORODATA RECORDS MANAGEME 75.21 2028942 01/29/2026 PRINTED 100205 NANCY K BOHL INC 577.50 2028943 01/29/2026 PRINTED 100253 COUNTS UNLIMITED INC 550.00 2028944 01/29/2026 PRINTED 100196 COUNTY OF RIVERSIDE 55,376.43 2028945 01/29/2026 PRINTED 100318 DATA TICKET INC 4,830.89 2028946 01/29/2026 PRINTED 104952 DATASTREAM TECHNOLOGY CON 10,590.71 2028947 01/29/2026 PRINTED 105285 DEARK E AND C INC 115,425.00 2028948 01/29/2026 PRINTED 101281 DELTA DENTAL INSURANCE CO 2,709.17 2028949 01/29/2026 PRINTED 101282 DELTA DENTAL OF CALIFORNI 24,184.20 2028950 01/29/2026 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 853.00 2028951 01/29/2026 PRINTED 103589 DESERT ARC 811.30 2028952 01/29/2026 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 7,496.27 2028953 01/29/2026 PRINTED 100254 DOKKEN ENGINEERING 8,133.73 2028954 01/29/2026 PRINTED 105187 DOTY AND SONS CONCRETE PR 885.00 2028955 01/29/2026 PRINTED 100054 DESERT WATER AGENCY 3,085.43 2028956 01/29/2026 PRINTED 100090 EBSCO 124.02 2028957 01/29/2026 PRINTED 100274 ENGINEERING RESOURCES OF 8,970.00 2028958 01/29/2026 PRINTED 101478 ESO SOLUTIONS INC 14,883.61 2028959 01/29/2026 PRINTED 016020 ERIK FERNANDEZ 541.26 2028960 01/29/2026 PRINTED 103451 FIESTA FORD INC 54,925.90 2028961 01/29/2026 PRINTED 101575 FIRETRUCKS UNLIMITED LLC 6,500.00 2028962 01/29/2026 PRINTED 101194 FLEX ADVANTAGE 677.25 2028963 01/29/2026 PRINTED 016601 PETER FORBES 231.00 2028964 01/29/2026 PRINTED 104699 FRASCA AND ASSOCIATES LLC 31,199.46 2028965 01/29/2026 PRINTED 103920 FUEL PROS INC 250.00 2028966 01/29/2026 PRINTED 100174 G/M BUSINESS INTERIORS 86,561.56 2028967 01/29/2026 PRINTED 101470 GA TECHNICAL SERVICES INC 137,151.64 2028968 01/29/2026 PRINTED 100158 GALLS LLC 1,821.46 2028969 01/29/2026 PRINTED 100169 GENSLER 174,286.33 2028970 01/29/2026 PRINTED 101231 GLOBAL ACCESS SUPPLY INC 1,048.53
B – Page 35 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 09:57
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028971 01/29/2026 PRINTED 105453 GOSEETELL NETWORK INC 20,411.00 2028972 01/29/2026 PRINTED 100480 GREATER PALM SPRINGS ANIM 695.99 2028973 01/29/2026 PRINTED 101733 GRAINGER 4,078.27 2028974 01/29/2026 PRINTED 104989 ADAM A CAMPOS 202.44 2028975 01/29/2026 PRINTED 105283 GRBCON INC 1,122,324.93 2028976 01/29/2026 PRINTED 104516 GROUP 4 ARCHITECTURE RESE 35,831.67 2028977 01/29/2026 PRINTED 105382 GROUP CREATIVE SERVICES L 14,000.00 2028978 01/29/2026 PRINTED 101343 HARRIS AND ASSOCIATES INC 162,446.24 2028979 01/29/2026 PRINTED 100382 HOME DEPOT USA INC 394.19 2028980 01/29/2026 PRINTED 105050 GMAT INC 2,039.00 2028981 01/29/2026 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 248.25 2028982 01/29/2026 PRINTED 104298 INTERVISTAS CONSULTING US 26,756.28 2028983 01/29/2026 PRINTED 105516 INTREPID NETWORKS LLC 4,468.80 2028984 01/29/2026 PRINTED 101727 IRON MOUNTAIN 2,801.00 2028985 01/29/2026 PRINTED 105142 IT1 CONSULTING LLC 1,015.00 2028986 01/29/2026 PRINTED 103751 JOBELEPHANT.COM INC 990.00 2028987 01/29/2026 PRINTED 101039 CHESTER JOHNSON 4,950.00 2028988 01/29/2026 PRINTED 103525 KGAY PSP CORPORATION 900.00 2028989 01/29/2026 PRINTED 101606 KINCAID INDUSTRIES INC 36,390.14 2028990 01/29/2026 PRINTED 100127 L N CURTIS AND SONS 701.38 2028991 01/29/2026 PRINTED 101225 LAZ PARKING CALIFORNIA LL 26,154.25 2028992 01/29/2026 PRINTED 101713 LESAR DEVELOPMENT CONSULT 25,251.80 2028993 01/29/2026 PRINTED 101768 LEXIPOL LLC 18,137.69 2028994 01/29/2026 PRINTED 100332 LIEBERT CASSIDY WHITMORE 20,849.60 2028995 01/29/2026 PRINTED 101260 THE LLOYD PEST CONTROL 4,720.00 2028996 01/29/2026 PRINTED 101309 LNRS DATA SERVICES INC. 2,020.75 2028997 01/29/2026 PRINTED 016368 CAMERON LOPEZ 143.47 2028998 01/29/2026 PRINTED 103966 LOWES COMPANIES INC 7,271.24 2028999 01/29/2026 PRINTED 015824 KEVIN LU 795.40 2029000 01/29/2026 PRINTED 101210 MARIPOSA LANDSCAPES INC. 78,714.26 2029001 01/29/2026 PRINTED 101513 MARTHA'S VILLAGE AND KITC 343,671.65 2029002 01/29/2026 PRINTED 010953 SHERYL MCMICHAEL 18.62 2029003 01/29/2026 PRINTED 101798 MIDWEST TAPE INC 806.21 2029004 01/29/2026 PRINTED 105546 MIJO CO LLC 480.00 2029005 01/29/2026 PRINTED 102894 MITCHELL REPAIR INFORMATI 1,908.00 2029006 01/29/2026 PRINTED 100009 MIZELL CENTER 49,230.00 2029007 01/29/2026 PRINTED 100079 MOHICA TOWING 1,672.70 2029008 01/29/2026 PRINTED 015596 VICTOR MOROLES 597.72 2029009 01/29/2026 PRINTED 101748 MOTOROLA SOLUTIONS INC 10,125.00 2029010 01/29/2026 PRINTED 100765 MUNISERVICES / AVENU INSI 15,200.00 2029011 01/29/2026 PRINTED 104404 NETWORK SERVICES COMPANY 11,423.19 2029012 01/29/2026 PRINTED 103900 ODP BUSINESS SOLUTIONS 406.14 2029013 01/29/2026 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,762.65 2029014 01/29/2026 PRINTED 101408 OHD LLLP 1,010.00 2029015 01/29/2026 PRINTED 016580 WAYNE OLSON 271.11 2029016 01/29/2026 PRINTED 100458 PALM SPRINGS AIR MUSEUM I 4,000.00 2029017 01/29/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2029018 01/29/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 7,500.00 2029019 01/29/2026 PRINTED 101728 PALM SPRINGS WATER SYSTEM 190.80 2029020 01/29/2026 PRINTED 101728 PALM SPRINGS WATER SYSTEM 572.40 2029021 01/29/2026 PRINTED 101728 PALM SPRINGS WATER SYSTEM 381.60 2029022 01/29/2026 PRINTED 105188 PISTONBONES PRINTING 2,806.78
B – Page 36 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 09:57
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029023 01/29/2026 PRINTED 105011 PITNEY BOWES GLOBAL FINAN 3,679.34 2029024 01/29/2026 PRINTED 101767 PROFORMA SOCAL 1,606.76 2029025 01/29/2026 PRINTED 100596 PROPER SOLUTIONS INC 3,431.99 2029026 01/29/2026 PRINTED 101528 PUMPMAN LLC 2,015.00 2029027 01/29/2026 PRINTED 101580 QUINN POWER SYSTEMS 3,049.41 2029028 01/29/2026 PRINTED 101230 R S AND H CALIFORNIA INC 89,456.24 2029029 01/29/2026 PRINTED 101527 RATTLE TECH LLC 568.39 2029030 01/29/2026 PRINTED 104486 RED HAWK SERVICES INC 14,830.51 2029031 01/29/2026 PRINTED 105004 RENEWELL FLEET SERVICE LL 1,016.72 2029032 01/29/2026 PRINTED 102760 RIVERSIDE CONSTRUCTION CO 1,143,318.60 2029033 01/29/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 198.00 2029034 01/29/2026 PRINTED 105032 RPMAYER AND ASSOCIATES LL 8,882.50 2029035 01/29/2026 PRINTED 104059 SAME DAY EXPRESS LLC 1,345.75 2029036 01/29/2026 PRINTED 101542 SC COMMERCIAL 32,775.44 2029037 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 56,261.42 2029038 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 570.52 2029039 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,974.61 2029040 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 531.10 2029041 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 16,815.57 2029042 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 54.80 2029043 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 154.28 2029044 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 201.15 2029045 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25.89 2029046 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,879.21 2029047 01/29/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,436.61 2029048 01/29/2026 PRINTED 100435 THE SHREDDERS 63.00 2029049 01/29/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 40,757.25 2029050 01/29/2026 PRINTED 101822 SO CAL LAND MAINTENANCE I 19,027.19 2029051 01/29/2026 PRINTED 101677 SOCAL PPE LLC 1,002.82 2029052 01/29/2026 PRINTED 105082 SOUTHERN PACIFIC ENTERPRI 4,560.00 2029053 01/29/2026 PRINTED 101356 ST FRANCIS ELECTRIC LLC 90,855.00 2029054 01/29/2026 PRINTED 103901 STEVE P RADOS INC 514,677.22 2029055 01/29/2026 PRINTED 101600 SWINERTON BUILDERS 631,800.35 2029056 01/29/2026 PRINTED 100043 SWRCB FEES 1,873.00 2029057 01/29/2026 PRINTED 100900 TERRA NOVA PLANNING AND R 20,826.55 2029058 01/29/2026 PRINTED 101852 TESLA ENERGY OPERATIONS I 5,354.59 2029059 01/29/2026 PRINTED 104308 WS CHIEF CORNERSTONE INC 1,410.00 2029060 01/29/2026 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 7,000.00 2029061 01/29/2026 PRINTED 100301 TRI STAR CONTRACTING INC. 15,688.88 2029062 01/29/2026 PRINTED 100386 U S CUSTOMS SERVICE 14,033.67 2029063 01/29/2026 PRINTED 100063 UNDERGROUND SERVICE ALERT 687.32 2029064 01/29/2026 PRINTED 104834 UNIFIRST CORPORATION 758.76 2029065 01/29/2026 PRINTED 104368 UNIVERSAL GREEN LLC 81,668.67 2029066 01/29/2026 PRINTED 101329 UPBEAT PARADE PRODUCTIONS 38,142.29 2029067 01/29/2026 PRINTED 100295 US BANK CORPORATE PAYMENT 148,525.73 2029068 01/29/2026 PRINTED 101784 V AND V MANUFACTURING 351.33 2029069 01/29/2026 PRINTED 100200 VALLEY LOCK AND SAFE 639.31 2029070 01/29/2026 PRINTED 103893 VALLEY VOICE MEDIA 1,650.00 2029071 01/29/2026 PRINTED 105534 VANGUARD TECHNOLOGIES LLC 672.97 2029072 01/29/2026 PRINTED 015572 ROBERTO VELAZQUEZ 1,500.00 2029073 01/29/2026 PRINTED 100267 VEOLIA WATER NORTH AMERIC 419,476.11 2029074 01/29/2026 PRINTED 104034 VERDE FACILITIES SERVICES 74,198.79
B – Page 37 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 09:57
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029075 01/29/2026 PRINTED 100144 VERIZON WIRELESS 8,729.77 2029076 01/29/2026 PRINTED 100144 VERIZON WIRELESS 3,009.79 2029077 01/29/2026 PRINTED 100144 VERIZON WIRELESS 13,683.73 2029078 01/29/2026 PRINTED 100144 VERIZON WIRELESS 2,788.26 2029079 01/29/2026 PRINTED 105089 VETERANS HIGH RISK SECURI 51,375.60 2029080 01/29/2026 PRINTED 105095 JOSHUA DONLIN 1,500.00 2029081 01/29/2026 PRINTED 100050 VISION SERVICE PLAN 6,857.62 2029082 01/29/2026 PRINTED 104939 VOGEL TRAFFIC SERVICES IN 460,551.02 2029083 01/29/2026 PRINTED 101277 VOHNE LICHE KENNELS INC 400.00 2029084 01/29/2026 PRINTED 100156 WAXIE SANITARY SUPPLY 1,080.57 2029085 01/29/2026 PRINTED 100222 WEST COAST ARBORISTS INC 11,703.00 2029086 01/29/2026 PRINTED 100299 WILLDAN FINANCIAL SERVICE 2,100.00 2029087 01/29/2026 PRINTED 100223 WILLIAMS SCOTSMAN INC 1,360.80 2029088 01/29/2026 PRINTED 105582 ZHENLI XIE 65.00 2029089 01/29/2026 PRINTED 100268 ZOLL MEDICAL CORPORATION 86.08 223 CHECKS CASH ACCOUNT TOTAL 8,197,221.04 .00
B – Page 38 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/29/2026 09:57
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
223 CHECKS FINAL TOTAL 8,197,221.04 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
B – Page 39 of 925
ATTACHMENT E
AP Check Reconciliation
for February 2, 2026
B – Page 40 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2026 14:31
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029090 02/02/2026 PRINTED 105562 PLAZA LAS FLORES LLC 15,000.00 1 CHECKS CASH ACCOUNT TOTAL 15,000.00 .00
B – Page 41 of 925
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 02/02/2026 14:31
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
1 CHECKS FINAL TOTAL 15,000.00 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
B – Page 42 of 925
CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION TERMINATING THE JOINT EXERCISE
POWERS AGREEMENT WHICH ESTABLISHED THE EASTERN
RIVERSIDE COUNTY INTEROPERABLE COMMUNICATIONS
AUTHORITY (ERICA)
FROM: Scott C. Stiles, City Manager
BY: City Clerk
SUMMARY:
Eastern Riverside County Interoperable Communications Authority ("ERICA") member agencies have no plans to use ERICA in the foreseeable future and have determined to terminate and dissolve ERICA, as it no longer serves its stated objective.
RECOMMENDATION:
Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, TERMINATING THE JOINT EXERCISE POWERS
AGREEMENT WHICH ESTABLISHED THE EASTERN RIVERSIDE COUNTY INTEROPERABLE AUTHORITY."
BACKGROUND:
The Eastern Riverside County Interoperable Communications Authority ("ERICA") was formed on July 16, 2008, by a Joint Powers Authority ("JPA''). The agreement authorized the formation of a JPA in a regional communications system known as ERICA, to implement the safety radio communications system. The ERICA project was created to provide an improved, integrated regional public safety radio system; however, member agencies have migrated to other interoperable communications systems. Therefore, ERICA no longer serves its stated objective. On February 12, 2026, the ERICA Board of Directors voted to dissolve the JPA.
C – Page 43 of 925
City Council Staff Report
March 11, 2026 -- Page 2
Termination of Eastern Riverside County Interoperable Communications Authority (ERICA) REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution to Dissolve the ERICA JPA
B. A5713 - ERICA Original Agreement
C – Page 44 of 925
A
TTACHMENT A
(RESOLUTION)
C – Page 45 of 925
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA , TERMINATING THE
JOINT EXERCISE POWERS AGREEMENT WHICH
ESTABLISHED THE EASTERN RIV ERSIDE
COUNTY INTEROPERABLE COMMUNICA TIONS
AUTHORITY
WHEREAS, the Eastern Riverside County Interoperable Authority ("ERICA") was formed on July 16, 2008 by a Joint Powers Agreement ("JPA'') pursuant to the Joint Exercise of Powers Law of the State of California, California Government Code§§ 6500 et. seq.; and
WHEREAS, ERICA consists of the following parties: City of Beaumont, City of Cathedral City, Desert Hot Springs, City of Indio, and City of Palm Springs ( collectively, Member Agencies”);
and
WHEREAS, ERICA principally provided an interoperable communications system to the law enforcement departments of the Member Agencies; and WHEREAS, on or about February 12, 2026, it was the determination of ERICA Board of Directors to wind down the operations of ERICA as the Agency Members had each decided to migrate to other interoperable communications system(s); and WHEREAS, the Member Agencies have no plans to use ERICA in the foreseeable future; and
WHEREAS, Member Agencies have determined to terminate and dissolve ERICA, as it no longer serves its stated objective; and
WHEREAS, California Government Code §6510 authorizes a joint powers agreement to be terminated by the terms of the agreement; and WHEREAS, Section 7. 1 of the JPA provides that the JPA may be terminated by the vote of a majority of the governing bodies of the Member Agencies; provided, however, that the JPA may not be terminated, and no Member Agency may withdraw its membership, until (a) all bonds or other instruments of indebtedness issued by the ERICA and the interest thereon, if any, have been paid in full or provision has been made for payment in full and (b) all outstanding obligations and liabilities of the ERICA have been paid in full or provision has been made for payment in full; and WHEREAS, (a) ERICA has no bonds or other instruments of indebtedness issued by the ERICA, and (b) all outstanding obligations and liabilities of the ERICA have been paid.
C – Page 46 of 925
Resolution No. _____
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY RESOLVES AS FOLLOWS:
S
ECTION 1. The above recitals are true and correct.
S
ECTION 2. ERICA's operations and activities have ceased. Further, ERICA has no outstanding bonds or other instruments of indebtedness and has no assets or liabilities. The purpose of ERICA, pursuant to Section 1.2 of the JPA, has been completed.
S
ECTION 3. It is the vote of the City of Palm Springs that the JPA be terminated and dissolved.
S
ECTION 4. These actions are effective upon adoption of this Resolution.
S
ECTION 5. The City of Palm Springs is hereby directed and authorized, in the name of and on behalf of ERICA , to do and perform all such acts necessary in order to fulfill the intent of this Resolution. All actions heretofore taken by officers, employees, or agents of ERICA that are in conformity with the purposes and intent of this Resolution are hereby approved, confirmed, and ratified.
S
ECTION 6. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
P
ASSED and ADOPTED this ______day of __________2026.
___
_______________________
SCOTT C. STILES
CITY MANAGER
AT
TEST:
___
________________________
BRENDA PREE
CITY CLERK
C – Page 47 of 925
Resolution No. _____
CERTIFICATION
S
TATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I,
BRENDA PRE E, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES
:
NOES:
ABSENT:
ABSTAIN:
I
N WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________. ___
_______________________
Brenda Pree, City Clerk
City of Palm Springs, California
C – Page 48 of 925
ATTACHMENT B
(A5713 – ERICA Original
Agreement)
C – Page 49 of 925
RESOLUTION NO. 08- 03
A RESOLUTION OF THE EASTERN RIVERSIDE COUNTY INTEROPERABLE
COMMUNICATIONS AUTHORITY AMENDING THE JOINT OF EXERCISE OF
POWERS AGREEMENT FOR THE EASTERN RIVERSIDE COUNTY
INTEROPERABLE COMMUNICATIONS AUTHORITY(" ERICA") TO ADD THE
CITY OF BEAUMONT AS A MEMBER AGENCY
WHEREAS, theCity of CathedralCity, City of DesertHot Springs, City of Indio, and City of PalmSpringshaveformedtheEasternRiversideCountyInteroperableCommunications Authority (" ERICA") pursuant to the Joint Exercise of Powers Agreement for the Eastern RiversideCountyInteroperableCommunicationsAuthority, referredto as "ERICA," datedJuly 16, 2008 (", TPA Agreement").
WHEREAS,thepurposeof ERICA is to acquire, plan, design, finance, construct, operate andmaintaina regionalcommunicationssystemservingthe CoachellaValley andindividual political jurisdictions therein.
WHEREAS, the regionalcommunicationssystemwill generallyconsistof (1) a 800 MI-Iz ASTRO P257.4 NarrowbandVoice Trunking System, which includesa two-site, eleven- channel, linear simulcastsystemandsystemmanagement, (2) severalMCC7500 IP Dispatch ConsoleSystem, (3) conventionalbackup stationsat all MemberAgencyPolice Departments, and ( 4) a Microwave Radio System (the `Eastern Riverside County Interoperable CommunicationsAuthority Project" or" ERICA Project").
WHEREAS, the City of Beaumontis in the processof acquiringandconstructinga communicationsinfrastructurethatwill becompatiblewith the ERICA project andis interested in integratingits communicationinfrastructureinto the ERICA. Projectto expandthe regional coverage of ERICA.
WHEREAS, the City of Beaumont desires to acquire and construct its communication infrastructureandjoin theERICAJPAasa "MemberAgency" withdecision-makingauthority over the operation and maintenanceof the ERICA Project subject to the terms and conditions of the following Amendment to the. TPA Agreement.
NOW, THEREFOREBEIT RESOLVEDthattheBoardof Directorsof ERICAhereby amends the Joint Exercise of Powers Agreement as follows:
SECTION 1: The introductory paragraphon page I of the Agreement is revised asfollows:
This Joint Exercise Of Powers Agreement for THE EASTERN RIVERSIDE COUNTY INTEROPERABLE COMMUNICATIONS AUTHORITY ( the
Agreement") is entered into as- 44he- l4ffi.. by and among the
CITY OF BEAUMONT, CITY OF CATHEDRAL CITY, CITY OF DESERT 01700 1
C – Page 50 of 925
HOT SPRINGS, CITY OF INDIO, AND CITY OF PALM SPRINGS, hereinafter collectively referred to as " Member Agencies" and individually as Member Agency").
SECTION 2: Section 3. 0, " ERICA PROJECT FUNDING," subsection 3. 1, " ERICA Implementation Costs" is hereby amendedto read as follows:
The City of Indio has incurred reasonable attorneys' fees and other technical consulting fees to facilitate the creation of ERICA and preparation of this Agreement (" ERICA Implementation Costs"). Each Member acknowledges that these serviceshave benefited all of the Member Agencies. Accordingly, each Member agreesto reimbursethe City of Indio for a proportionalshareof the ERICA ImplementationCostswithin thirty (30) daysof the effectivedateof this Agreement. Each Member shall be responsible for a twenty- five percent (240%) share or nineteeathousand five hundred dollars ( acro T of the total ERICA Implementation Costs of seventy eight thousand dollars ($ 78, 000.00).
SECTION 3: Section 3.0, " ERICA PROJECT FUNDING," subsection 3.2," Backbone System" is hereby amended to read as follows:
a. Backbone System Funding: Each Member Agency, extent for the City of Beaumont,which is subjectto the requirements of subsection3.2 (c). shall make a financial contribution to ERICA to allow ERICA to fund the purchaseand installation of the components described in Exhibit A to this Agreement ( the Backbone System"). Each Member Agency shall equally share in the costs of Backbone System ("Backbone Costs") and shall be responsible for twenty- five percent( 25%) of the total Backbone System costs.
C. City of Beaumont Contribution and Funding.
I. The Member Agencies acknowledge and agree that the City of Beaumont will incur approximately $ 1.1_m_illion in costs to acquire and constructthe necessaryinfrastructure to expand coverageof the Backbone System Beaumont Infrastructure"), which will be mutually beneficial to all of the Member Agencies (" Beaumont Infrastructure Costs"). The City of Beaumont acknow_ 1_edges and agrees that the other Member Agencies have made an initial capital investment in the Backbone System of approximately $ 1.45 million and drat the City of Beaumont's initial capital investment in the Backbone System shall beequal to eachMember Agency' s investment.
2, As a condition of membership into ERICA, the City of Beaumont shall ( 1) acquire and construct the infrastructure necessaryto expand the coverage of the Backbone System, and 2 make a financial contribution to 613700 1
C – Page 51 of 925
ERICA in an amount that equals the difference between Beaumont' s Infrastructure Costs and the other Member Agencies initial ca ital investment of
1. 45 million " Beaumont Financial Contribution"). Once the final amount of the Beaumont Financial Contribution is determined the Member A enc Board of Directors or the Technical Advisory Committee shall approve a Beaumont funding plan that includespolicies or proceduresfor transferrin funds from Beaumont to ERICA in accordancewith an timeframes or milestones setforth in the plan.
3. The Cfty of Beaumont further agrees that all decision- making responsibilityregponsibility relating to the operation and managementof the Beaumont Infrastructure shall be transferred to ERICA.
SECTION 3: Section 3. 0, " ERICA PROJECT FUNDING," subsection 3. 3, " Operation and MaintenanceFunding" is hereby amendedto read as follows:
a. Operation and Maintenance Funding. Unless otherwise determinedby the MemberAgency Board of Directors, eachMemberAgency shall be responsible for twenty- five percent ( 2-50%) of the costs of ongoing operation and maintenance (" O& M") of the Backbone System. The O& M costs shallincludeanyongoingcoststo leaseor purchaserealpropertyto accommodate the Backbone System.
SECTION 4: Section 10.3, "Notices," is hereby amendedto read asfollows:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Attn: City Manager
SECTION5: This Amendmentshallnot becomeeffectiveuntil andunlessthe City of Beaumont City Council approvesthe Joint Exercise of Powers Agreement for the EasternRiversideCountyhrteroperableCommunicationsAuthority, as amended by this Resolution, and executes a Memorandum of Execution of the JPA Agreement, as amended.
GU7UU. 1
C – Page 52 of 925
PASSED, APPROVEDAND ADOPTEDby theBoardof Directorsonthis I lth dayof December,2008, by thefollowing vote:
AYES: WEIGEL, GILBERT, MATAS, VASQUEZ
NOES: None
ABSTAINED: None
ABSENT: None
Weigel
Chairman, Board of Directors
A ° ' @iCCaAS r up,
ozo xi
61.770U I
C – Page 53 of 925
JOINT EXERCISE OF POWERS AGREEMENT FOR TIIE
EASTERN RIVERSIDE COUNTY INTF, ROPF. RABLE COMMUNICATIONS AUTHORITY, REFERRF, D TO AS " ERICA"
This Joint Exercise Of Powers Agreement for THE EASTERN RIVERSIDE COUNTY INTEROPEAABLE COMMUNICATIONS AUTHORITY ( the " Agreement') is entered into as ay of G 2008 by and among the CITY OF CATHEDRALof tlte& CITY, CITY OF DESERT HOT PRINGS, CITY OF INDIO. AND CITY OF PALM SPRINGS, (hereinaftercollectively referred to as "Member Agencies" and individually as Member Agency").
RECITALS
A. WHEREAS, the California Joint Exercise of Powers Act ( California Government Code, "Title 1, Division 7, Chapter 5) ( the " Act") authorizes the Member Agencies to enter into an agreementfor thejoint exerciseof any power common to them; and B. WHEREAS, the Member Agencies have the common powers, under their respectivesovereignandpolice powers, to acquirereal, personalandintangiblepropertyandto plats, design, finance, construct, operate, and maintain public safety radio communication systems, facilities and related structures, and appurtenances and incidental improvements thereto; and
C. WHEREAS, the Member Agencies have determined that the joint exercise of thesecommonpowersthroughthis Agreementand the creationof a joint powersERICA to acquire, plan, design, finance, construct, operateand maintain a regional communications system serving the Coachella Valley and individual political jurisdictions therein serves the public interest; and
D. WHEREAS, the regional communications systentwill generally consist of( 1) a 800 MHz ASTRO P25 7.4 Narrowband Voice Trunking System, which includes a two-site, eleven- charutel, linear simulcast system and system 1ttanagement, (2) several MCC7500 IP DispatchConsoleSystem, (3) conventionalback up stationsat all Member Agency Police Departments, and (4) a MicrowaveRadioSystem (the "EasternRiversideCountyInteroperable Communications Authority" Project or" ERICA" Project; and E. WIIEREAS, the ERICA Project will provide an improved and integrated regionalpublic safetyradio systemthat will provide, amongotherthings, regionalemergency dispatchfunctionsthat will be an essentialelementof eachMemberAgency's 911 emergency response system; and
F. WHEREAS, the Member Agencies have further determined that the ERICA Project, to which Member Agencies and non-member agenciesmay join ERICA subject to the provisions set forth herein, should be undertakenin order to meet public safety communication needs of the Member Agencies, and that the ERICA Project will have regional consequences 1 58, 3671
C – Page 54 of 925
beyond the Member Agencies' geographical jurisdictions, thus encouraging participation by other governmental agencies including but not limited to the State and Federal government.
NOW THEREFORE, in consideration of the promises, terms, conditions, and covenants contained herein, the Member Agencies agree as follows:
AGREEMENT
1. CREATION OF THE ERICA, PURPOSE AND POWERS
1. 1 Creation. Pursuant to the Act, the Member Agencies hereby create the EASTERN Riverside County Interoperable Communications Authority ( the " ERICA"), a public entity separate and distinct from each of the Member Agencies. The jurisdiction of the ERICA shall be all territory within the geographic boundaries of the Member Agencies; however the ERICA may undertake any action outside such geographic boundaries as is necessary and incidental to the accomplishment of its purpose and the ERICA Project.
1. 2 Purpose. The purpose of this Agreement is to provide for the acquisition of real, personal and intangible property; and the plan ming, design, financing, regulation, permitting, environmental evaluation, public outreach, construction, operation, and maintenance of the ERICA Project, or any identifiable portion of the ERICA Project. Notwithstanding anything in this Agreement to the contrary, each Member Agency also reserves all of its rights and powers to proceed separately within its jurisdictional boundaries on any compatible public safety communications projects anticipated to become part of the ERICA Project; provided, however, that the planning, design, and construction of such projects should be consistent with the functional specifications for the ERICA Projcct or as subsequentlyamendedby the ERICA and incorporated herein by this reference.
1. 3 Powers. The ERICA shall have all powers necessary or reasonably convenient to carry out the purposes stated in Section 1.2 of this Agreement, including, but not limited to, the following:
a. To secure administrative office space and furnishings; b. To make and enter into contracts including other joint powers agreements and Non- Member Agency agreements;
c. To contract for, or employ, administrative, technical, legal and support staff, and consultants and contractors of any kind;
d. To acquire and maintain insurance of all types;
e. To leaseor subleasereal, personal and intangible property; f. To acquire, hold, or dispose of real, personal or intangible property by negotiation, dedication or eminent domain provided, however, that the power of eminent domain shall be used to acquire real, personal or intangible property of a Member Agency only with the consent of the governing body of such Member Agency;
g. To own, lease, sublease, acquire, operate, maintain and dispose of materials, supplies, and equipment of all types including, but not limited to intangible 2 593367. 1
C – Page 55 of 925
property such as radio frequencies, software licenses, and technological innovations;
h. To plan, and to conduct environmental evaluation and other analyses in connection therewith, and design buildings, facilities or communications improvements of any kind;
i. To construct, operate, and maintain buildings, facilities or communications improvements of any kind, provided that ( i) for new buildings, facilities or communications improvements located on property owned by a public entity, the ERICA shall provide appropriate public notice of proposed action, but shall be exempt from all local land use and zoning regulations; and ( ii) for new buildings, facilities or communications improvements located on private property, the ERICA shall apply for and receive appropriate approvals under the applicable local land use and zoning regulations;
j. To accept, hold, invest (pursuantto the Act, including, without limitation, Section 6509. 5 thereol), manage, and expend monies;
k. To obtain and secure funding from any and all available public and private sourcesincluding local. state, and federal government, including but not limited to, bond issuances, leasepurchaseagreements, certificates of participation, public grants, public and private contributions, public and private loans, and other funds;
1. To incur debts, liabilities or obligations, subject to the provisions of this Agreement, provided that no debt, liability, or obligation shall constitute a debt, liability or obligation of the Member Agencies, either jointly or severally. m. Subject to applicable legal authority, to impose, levy, collect, or cause to be collected, or to receive and use, public safety communication impact or development fees on new residential, commercial, and industrial development; n_ Subject to applicable legal authority, to form one or more special assessment districts under any legal authority that exists now or in the future, including, without limitation, the Improvement Act of 1911 ( Streets & Highways Code Section 5000 et seq.), the Municipal Improvement Act of 1913 ( Streets & Highways Code Section 10000 et seq.), the Improvement Bond Act of 1915 Streets & Highways Code Section 8500 et seq.), and the Marks- Roos Local Bond Pooling Act of 1985 ( Government Code Section 6584 et seq.); o. Subject to applicable legal authority, to form one or more special tax districts under the Mello- Roos Community Facilities District Act of 1982 ( Government Code Section 53311 et seq.) or any other authority that may exist now or in the future;
p. To negotiate and enter into reimbursement agreements when monies to construct project improvements are advanced;
q. Subject to applicable legal authority, to cause taxes, assessments, user fees or charges, including a emergency response fee, to be levied in accordancewith applicable State and Federal law, and in a manner to accomplish the purposesof the ERICA;
r. To issue bonds and certificates of participation;
s. To sell or leaseany facilities for purposesof debt financing; t. To carry on technical and other investigations of all kinds necessary to further the purposes of the ERICA;
3 5933673
C – Page 56 of 925
u. To sue and be sued;
v. To amend the Functional Specifications; and
w. To exercise all powers incidental to the foregoing including, but not limited to, contracting for servicesfrom Member Agencies, reimbursing Directors for expensesincurred as permitted by law and adopting personnelrules and regulations.
1. 4 Limitation on Imposition of Property Related Fees. Notwithstanding section
1.3, the F.RICA shall have no power to impose property related feespursuantto Proposition 218 unlesseachgoverning body of the Member Agency adoptsa resolutionconsentingto the property relatedfee prior to the Member Agency Board of Directors approval of said fee.
1. 5 Additional Powers to Be Exercised. In addition to those powers common to eachof the Member Agencies, the ERICA shall have those powers that may be conferred upon it by subsequently enacted legislation.
1. 6 Restriction on Exercise of Powers. Pursuantto Section6509 of the Act, the City of Indio is designated as the Member Agency for determination of the restrictions upon the Member Agencies in exercising the powers set forth in this Agreement.
1. 7 Debts, Liabilities and Obligations. The debts, liabilities, and obligations of the ERICA shall not constitute debts, liabilities, or obligations of the Member Agencies, either jointly or severally.
1. 8 Designated Agency Policies and Procedures. In the event that ERICA has not adopted any formal policies, procedures or regulations that may be necessaryto further the purposeof the ERICA, the City of Palm Springs policies, proceduresand regulations shall apply.
2. 0 GOVERNANCE STRUCTURE
2. 1 Member Agency Board of Directors
a. Composition. The Member Agency Board of Directors shall consist of the one (1) official of the governing body of each Member Agency ( e.g. City Council, Board of Directors, etc.), who shall be appointedby the governing body. Notwithstanding subsection 2.1 b), the Board member shall serve at the pleasureof the governing body and may be removed at any time without notice. The governing body of each Member Agency shall also appoint an alternate to serve in the absence of the appointed director. The alternate shall exercise all rights and privileges thereof in the absenceof the appointed director. Each Director and eachalternate for such Director shall serve at the pleasure of the appointing entity and may be removed and replaced at any time without notice.
b. Term. The appointee to the Member Agency Board of Directors shall serve a two ( 2) year term-
4 593367 1
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C. Powers and Duties. The Member Agency Board of Directors shall be authorized to exercise those powers that are described in Section 1.3 of the Agreement. In addition, the MemberAgencyBoardof Directorsshall havethe following specificpowersand duties:
1. The Member Agency Board of Directors shall adopt an annual budget for the ERICA upon the recommendation of the Technical Advisory Conunittee no later than one hundred twenty ( 120) days after the first meeting of the Member Agency Board and no later than June 30th of each year thereafter.
2. The MemberAgencyBoardof Directorsshall approvenew Participating Agencies in accordancewith Sections6.0 and 8.0 of this Agreement and any other conditions of admission that the Member Board of Directors may establish from time to time.
2. 2 Technical Advisory Committee (" TAC")
a. Composition. The hechnical Advisory Committee ("TAC") shall consist of the City Manager from eachMember Agency. The City Manager may designatean alternate to serve in lieu of the City Manager at any meeting of the TAC. Alternates shall serve in the absenceof the City Managerandshallexerciseall rightsandprivilegesthereof. b. Responsibilities. The TAC shall be responsible for the operational administration of the ERICA Project and havethe following powers and duties:
1. To administer the ERICA Project in accordancewith the purposes set forth in Section 1
2. To establish within six ( 6) months of the execution of this Agreement ad hoc operational, tecludcal committees or other appropriate committees as necessary to consider and recommend system implementation issues to the Member Agency Board of Directors and the TAC.
4. To encourage other governmental and quasi-governmental agenciesincluding but not limited to the Stateand Federal government, and special districts to participate as Participating Agencies to the ERICA Project.
5. To establish policies and procedures for the voluntary transfer and/or leaseof assetsfrom Member Agency jurisdictions to ERICA including but not limited to frequencies, transmitter sites and associated equipment.
6. To enter into agreements with Member Agencies, or, in the event that a particular skill or service is unavailable from Member Agencies, with outside vendors to perform maintenance of the system.
7. To provide yearly performance review of the ERICA Project and to report thereon as directed by the Member Agency Board of Directors. 5 581. 167 1
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8. To recommend an annual budget to the Member Agency Board of Directors.
9_ To recommend the addition of new participating agenciesto the Member Board of Directors.
10. To recommend the hiring of staff and retention of independent consultants, includinglegalcounsel, to theMemberAgencyBoardof Directors.
2. 3 ERICA Meetings
a. Regular Meetings. The Member .Agency Board of Directors and the TAC shall by resolutionestablishthe numberof regularmeetingsto beheld eachyearandthe date, hour andlocationat which suchregularmeetingsshall beheld; provided, that eachBoard shall meetat least onceevery year-
b. Special Meetings. Special meetings of the Member Agency Board of Directors and the TAC may be called in accordancewith the provisions of the Ralph M. Brown Act ( Government Code Section 54950 et seq.)
C. Conduct of Meetings. All meetingsof the MemberAgency Board of Directors and the TAC shall be held in accordance with the Ralph M. Brown Act Government Code Section54950 et seq.).
d. Minutes. The Secretary of the ERICA shall cause minutes of all meetingsof the Member Agency Board of Directors andthe TAC to be kept and shall, assoonas possible after each meeting, causea copy of the minutes to be forwarded to each Director, the Member Agencies, andother parties upon request.
e. Quorum. A majority of the Member Agency Board of Directors and the TAC shall constitute a quorum for the transaction of business. f. Voting. The actions of the Member Agency Board of Directors and the TAC shall requirethe affirmativevote of a majority of a quorumof the entireBoard. A quorum shall consist of at least three Board member,,,- 9- Officers. The Member Agency Board of Directors and the TAC shall elect a Chair and Vice Chair from among its membershipto presideat meetingsand shall selecta Secretarywho may, but neednot, be a Director, at the first meetingof the MemberBoardof DirectorsandtheTAC andannuallythereafter. The MemberAgencyBoardof Directorsandthe TAC may, from time to time, elect such other officers as each body shall deem necessaryor convenient to conduct the affairs of the ERICA.
h. Procedural Rules. The Member Agency Board of Directors and the TAC may adopt, from time to time, such policies, procedures, bylaws, rules and regulations for the conduct of the ERICA' s affairs as the Member Agency Board of Directors and TAC deem 6 583367. 1
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necessaryandappropriate. TheMemberAgencyBoardof Directorsandthe TAC mayadoptby resolutionrulesof procedure, not inconsistentwith the provisionsof this Agreement, to govern the conduct of its meetings. Such rules of procedure shall be in accordancewith the Ralph M.
BrownAct (GovernmentCodeSection54950etseq.).
i. Political Reform Act. The Member Agency Board of Directors and the TAC anddesignatedofficials andemployees, if any, shallcomply with the Political Refoiln Act of 1974, Title 9 of the California GovernmentCode (commencingwith Section81000et seq.).
2. 4 Liability of Board, Officers and Employees. The Directors, officers, and employeesof the ERICA shall useordinary care andreasonablediligence in the exercise of their powers, and in the performanceof their dutiespursuantto this Agreement. They shall not be liable to the Member Agenciesfor any mistakeof judgment or other action made, taken, or omitted by them in good faith, nor for any action made, taken, or omitted by any agent, employee, or independent contractor selected with reasonable care, nor for loss incurred through the investment of the ER1CA' s funds, or failure to invest the same.
To the extent authorized by California law, no Director, officer, or employee of the ERICA shall be liable for anyaction made, taken, or omitted, by any othermemberof the Board, officer, or employee. No member of the Board, officer, or employee of the ERICA shall be required to give a bond or other security to guaranteethe faithful performance of his or her duties pursuant to this Agreement, except asprovided in Subsection6.d (2).
The fundsof the ERICA shall be usedto defend, indemnify, andhold harmless the ERICA and Director, officer, or employee of the ERICA for actions taken within the scope of hisor herERICA. Nothinghereinshalllimit therightof theERICAto purchaseinsuranceto provide coveragefor the foregoing indemnity.
3. 0 ERICA PROJECT FUNDING
3. 1 ERICA Implementation Costs
TheCity of Indio hasincurredreasonableattorneys' feesandothertechnicalconsulting fees to facilitate the creation of ERICA and preparation of this Agreement (" ERICA Implementation Costs"). Each Member acknowledges that these services have benefited all of the MemberAgencies. Accordingly, eachMemberagreesto reimbursethe City of Indio for a proportionalshareof the ERICA ImplementationCostswithin thirty (30) daysof the effective date of this Agreement. Each Member shall be responsible for a twenty- five percent ( 25%) share or nineteen- thousand five hundred dollars ($ 19,500) of the total ERICA Implementation Costs of seventy- eight thousand dollars ($ 78,000. 00).
3. 2 Backbone System
a. Backbone System Funding. Each Member Agency shall make a financial contribution to ERICA to allow ERICA to fund the purchaseand installation of the components 7 583367 1
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described in Exhibit A to this Agreement ( the " Backbone System"). Each Member Agency shall equally sharein the costs of Backbone System (`Backbone Costs") and shall be responsible for twenty- five percent ( 25%) of the total Backbone System costs- b. Fundinti Plan. The Member Agency Board of Directors shall adopt a finding plan to facilitate the voluntary transfer of funds and/or assetsfrom eachMember Agency to ERICA to enable ERICA to timely acquire and install the Backbone System. The finding plan shall establish the specific policies and proceduresfor transferring funds in accordancewith any timeframes or payment milestones that may be established pursuant to a contract with the vendor of the Backbone System.
3. 3 Operation and Maintenance Costs
a.
Operation and Maintenance Funding. Unless otherwise determined by the Member Agency Board of Directors. each Member Agency shall be responsible for twenty- five percent( 25%) of the costsof ongoing operation andmaintenance ("O&M") of the Backbone System. The O&M costsshallincludeany ongoingcoststo leaseor purchaserealpropertyto accommodate the Backbone System.
b. O& M Budget. the Member Board of Directors shall approve an annual budget for O& M costs for the Backbone System and shall identify each Member Agency' s share of the O& M costs (" O& M Costs")- F.ach Member Agency shall pay its shareof O& M Costs within thirty ( 30) days of the Member Agency Board' s approval of the 0& M budget.
4. 0 FISCAL MATTERS
4. 1 ERICA Treasurer and Auditor. The Treasurer and Auditor of the ERICA shall be the Treasurer and Auditor of one of the Member Agencies, or a Certified Public Accountant with the powers, duties, and responsibilities specified in the Act, including, without limitation, Sections 6505 and 6505. 5 thereof. If a Certified Public Accountant is designated the Treasures of the ERICA, the auditor of one of the Member Agencies shall be designated the auditor of the ERICA. If the ERICA employs officers or employees, the Member Board of Directors may at any time appoint one or more of theseofficers or employeesto either or both of the positions of Treasurer or Auditor asprovided in the Act.
4. 2 Custodian of Property. The Treasurer and Auditor of the ERICA shall be the public officers who shall have charge of, handle, and have accessto, the ERICA' s property and shall file with the ERICA an official bond in the amount set by the Member Board of Directors.
4. 3 Independent Audit. The Member Board of Directors shall designate a certified public accountant as the independent auditor of the Authority with the powers, duties, and responsibilities specified in the Act, including, without limitation, Sections 6505 and 6505. 5. 8 5833671
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4. 4 Accounts and Reports. I he Treasurer and Auditor of the ERICA shall establish and maintain such funds and accountsas may be required by generally acceptedpublic accounting practice. The books and records of the LR1CA shall be open to inspection at all reasonable times to the Member Agencies and their respective representatives. The Auditor shall. within one hundred twenty ( 120) days after the close of each fiscal year, causean independent audit of all financial activities for suchfiscal year to be preparedby the independentauditor designated pursuant to section 4.3 in accordance with Government Code Section 6505, The Auditor shall promptly deliver copies of the audit report to each member of the Board and the Member Agencies for review and consideration.
4. 5 Fiscal Year. The fiscal year of the ERICA shall be the period from July 1st of each year to and including the following June 30th.
5. 0 FEDERAL COMMUNICATIONS COMMISSION LICENSES
Federal Communications Commission (" FCC") licenses held by each Member Agency shall be co-licensed or transferred to the ERICA as the primary user in accordance with applicable FCC rules and regulations.
6. 0 NEW PARTICIPATING AGENCIES
6. 1 Approval. Subject to the approval of the Member Board of Directors. any public safety and public service agencies may participate in the ERICA (" Participating Agency")- " Public safety and public servicesagencies" shall include any law enforcement, lire service, EMS and disaster preparedness agencies, State of California Department of Transportation (" Caltrans"), Indian Tribes, and any other public agencies whose primary responsibilityis providing citizenswith services. If the governingbodyof eachMemberof the Authority approves a New Participating Agency, the Agreement shall be amended to add the New Participating Agency as a signatory to the Agreement_
6. 2 No Board Representation. A Participating Agency shall not be entitled to representation on the Member Board of Directors of Directors and the TAC.
6. 3 Participating Agency Agreement. The Member Board of Directors shall authorize access to the ERICA Project pursuant to appropriate terms and conditions of a Participating Agency Agreement. The Participation Agency Agreement shall require the Participating Agency to pay an initial one time fee to allow accessto the Backbone Systemand a recurring annual O& M fee (" Participating Agency Fee"). The Member Agency Board of Directors may establish a uniform formula for Participating Agency accessand O& M fees, or it may imposethe fee on a caseby casebasis, dependingon the particularcircumstancesof the Participating Agency' s requestto participate in ERICA.
7. 0. TERM, WITHDRAWAL AND TERMINATION.
7. 1 Term and Termination. This Agreement shall be effective as of the date first above written. It shall remain in effect until the purpose stated in Section I of this Agreement is 9 583367 1
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fully accomplished, or until terminatedby the voteof a majority of the governingbodiesof the Member Agencies; provided, however, that this Agreement may not be terminated, and no Member Agency may withdraw its membership, until ( a) all bonds or other instruments of indebtednessissuedby the ERICA and the interestthereon, if any, havebeenpaid in full or provision has been made for payment in full and (b) all outstanding obligations and liabilities of the ERICA have been paid in full or provision has been made for payment in full.
7. 2 Withdrawal by Member Agencies. Subject to the restriction on withdrawal set forth in Section8.1, MemberAgenciesmaywithdrawfrom the ERICA by giving the following notice: ( a) Member Agencies who do not provide infrastructure to the ERICA Project shall provide ninety ( 90) days advance written notice of intent to withdraw from the ERICA to the Chairperson of the Member Agency Board of Directors; ( b) Member Agencies who provide infrastructure to the ERICA Project, shall provide twelve ( 12) months advancewritten notice of intent to withdraw from the ERICA to the Chairperson of the Member Agency Board of Director' s.
7. 3 Disposition of Property upon Termination. In the event of termination of the ERICA pursuantto Section8.1hereinandwheretherewill be a successorpublic entity which will carry on the functions of the ERICA and assume its assets and liabilities, the assets of the ERICA shall be transferred to the successorpublic entity. If upon termination, there is no successor public entity which will carry on the functions of the ERICA and assume its assets, the assetsshall be returned to the Member Agencies as follows: ( a) all real property and any improvementsthereonshall be conveyedto the Memberwhich ownedthe propertyprior to the formation of the ERICA, and (b) all other assets shall be divided amon- the Member Agencies in proportion to their respective contributions during the term of this Agreement. If upon termination, there is a successor public entity which will carry on some of the functions of the ERICA and assumesome of the assets, the ER1CA's Member Agency Board of Directors shall allocate the assetsbetweenthe successorpublic entity and the Member Agencies.
8. 0 AMENDMENTS; ADDITIONS OF PARTICIPATING AGENCIES
8. 1 Amendment. The Member Agency Board of Directors may amend the Agreement in writing from time to time. If any bonds or other instruments of debt of the ERICA are outstanding and unpaid, or funds are not otherwise set aside for the payment or redemption thereofin accordancewith the termsof any bondsor other forms of debt financing and the documentation relating thereto, this Agreement shall not be amended, modified or otherwise revised, changedor rescinded, if suchaction would (a) materiallyandadverselyaffect (1) the rating of bonds or other forms of debt financing issued by the ERICA, or ( 2) bondholders holding such bonds, or (b) limit or reduce the obligations of the Member Agencies to make, in the aggregate, the payments under the Funding Plait which are for the benefit of the owners of the bonds
8. 2 New Participating Agencies. The addition of any public safety and public services agencies as a Participating Agency to the ERJCA shall become effective upon: ( i) the execution on behalf of such agency a separateParticipating Agency Agreement and the delivery 10 593367 1
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of such executed agreement to the TAC; and, ( ii) the adoption of a resolution of the TAC admitting that agency to the ERICA as a Non- Member Agency.
9. 0 INDEMNIFICATION.
The ERICA shall acquire such insuranceprotection as is necessaryto protect the interest of the ERICA and its Member Agencies. The ERICA shall assumethe defenseof and indemnify and hold barmlessthe Member Agencies and their governing bodies, officers, agents, and employeesfrom all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the performance of any of the activities of the ERICA or the activities undertakenpursuantto this Agreement.
10. 0 MISCELLANEOUS PROVISIONS
10. 1 Notice of Agreement. Within thirty ( 30) days after this Agreement becomeseffective, the City of Indio shall file with the Secretaryof Statethe notice of Agreement required by Section 6503. 5 of the Act.
10. 2 Successors: Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successorsof the Member Agencies. No Member Agency may assign any rights or obligations hereunder without the unanimous consent of the governing bodies of the other Member Agencies; provided, further, that no such assignment may be made if it would materially and adversely affect (a) the rating of bonds issued by the ERICA, or (b) bondholders holding such bonds.
10. 3 Notices. Any notices to Member Agencies required by this Agreement shall be delivered or mailed, U- S, first class, postage prepaid, addressed as follows:
City of CathedralCity
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: City Manager
City of Desert Not Springs
65- 950 Pierson Blvd.
Desert Hot Springs, CA 92240
Attn: City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201
Attn: City Manager
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City of Palm Springs
3200 EASTERN Tahquitz Canyon Way
Palm Springs, California 92262
Attn: City Manager
Notices under this Agreement shall be deemedgiven and received at the earlier of actual receipt. or the second business day following deposit in the United States mail. as required above. Any Member Agency may amend its address for notice by notifying the other Member Agencies pursuant to this Section.
10. 4 Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be renderedunenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
10. 5. Liberal Construction. The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the ERICA.
10. 6 Headings. The headings used in this Agreement are for convenience only and have no effect on the content, construction, or interpretation of the Agreement_
10. 7 Counterparts. This Agreement may be executed in any number of counterparts, and by different parties in separatecounterparts, each of which, when executed and delivered, shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument.
10. 8 Agreement Complete. The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing above. Any such agreementsmergeinto this Agreement.
10.9 Arbitration. Any controversy or claim between any two or more Member Agencies, or betweenany such Member Agency or Member Agencies and the ERICA, in respect to the ) RICA' s operations, or to any claims, disputes, demands, differences, controversies, or misunderstandingsarising tinder, out of, or in relation to this Agreement, shall be submitted to and determined by arbitration. To the extent not inconsistent herewith, the rules of the American Arbitration Association shall apply. The Member Agency desiring to initiate arbitration shall give notice of its intention to arbitrate to every other Member Agency and the ERICA. Such notice shall designate as " respondents" such other Member Agencies as the initiating Member Agency intends to have bound by any award made therein. Any Member Agency not so designatedbut which desiresto join in the arbitration may, within ten (10) daysof service upon it of such notice, file a responseindicating its intention to join in andto be bound by the results of the arbitration, and further designating any other Parties it wishes to name as a respondent.
Within twenty ( 20) days of the service of the initial demand for arbitration, the American Arbitration Association, hereinafter referred to as " AAA." shall submit simultaneously to the initiating and to all Partiesnamedas respondentsor filing a responsetherein, an identical list of names and personschosen from AAA National Panel of Arbitrators which persons shall be, to 12 5833671
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the extent possible, personsfirst in the field of transportationas well as public law. Each Member Agency to the dispute shall haveseven (7) days from the mailing date in which to cross off any namesindicating the order of his or her preference, and return the list within such time period, all personsnamed therein shall be deemedacceptable. From among the personswho have been approved on both lists, in accordancewith the designatedorder of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the Parties fail to agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other reason the appointment cannot be made from the submitted list, the AAA shall havethe power to make the appointment of the arbitrator from other members of the panel without the submission of any additional list.
The arbitrator shall proceed to arbitrate the matter in accordancewith the provisions of Title 9 of Part 3 of the Code of Civil procedure.
IN WITNESS WHEREOF, the Member Agencies have entered into this Agreement effective on the date first above written.
SIGNATURE PAGES TO FOLLOW
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CITY OF IND1O, a political subdivision of
the State of California
Dated: / 43 Q4 By:
ube Ramos Watson
Mayor
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE/ BOARD
l trc W L
Ci / Clerk, Indio
County of Riverside, California
APPROVED AS TO FORM:
Edward Z. Kotkin, Esq.
City Attorney
By:
Dated: 27h`g
16 583367 1
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CITY OF CATHEDRAL CITY, a political
subdivision of the State of California
Dated: By*
Ma
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO TIACHAIR> 1AN OF THE BOARD
X 4 Ir 4'2'_
City Clerk, Cathedral City
County of Riverside, Cali fomia
APPROVED AS TO FORM:
Charles R. Green, Esq.
City Attorney
By:
Dated: I_ —
14 58$ 36] 1
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CITY OF DESERT HOT SPRINGS, a
political subdivision of the State of
Califomia
Dated:
xYuonneParks
SIGNED AND CERTIFIED THAT A COPY OF Mayor
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
J
City Clerk, Hot Springs
County of Riverside, California
APPROVED AS TO FORM:
Ruben Duran
City Attorney
By:_
Dated:
15 583367. 1
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CITY Or PALM SPRINGS, a political
subdivision of the State of California
Dated:
David H. Ready—,---`
City Manager
sli; N; D•AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN Of T14E BOARD
y Clerk, PaIm Springs
County of Riverside, California pPPROUCpBY{CITYCOUNCIL
jD•Ord JFJ P1
APPROVED AS TO FORM:
Douglas C. Holland, Esq.
CityAttonieyA
By:
Dated:
17 583367. 1
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EXHIBIT A
ERICA BACKBONE SYSTEM
A. MASTER SITE AND SIMULCAST PRIME SITE ( LOCATED AT INDIO PD) Redundant Zone Controller
Core Routers
LAN Switches ( Redundant)
GCM 8000 Comparators
C,PS Time and Frequency Standard
System Network Management ( One SNM Located at Each City) Workstation Terminals
Zone Database and User Configuration Server Licenses
Dynamic Reports
Zone Historical Report
Basic Radio Control Manager
Zonewatch Grid and Control
Affiliation User Report
User Network ConGgurator
Zone Manager Configuration
Unified Event Manager
Security Partitioning
Alphanumeric Paging
Core Security Management Server( CSMS)
Out- of- Band Management Terminal Server
Microwave System
Monitored Hot- Standby Microwave Radio Links
Indio PD Site to Indio Hill Site
Indio Hill Site to Edom Hill Site
Edom Hill Site to Palm Springs PD Site
Edom Hill Site to Cathedral City Site
FarScan Microwave Network Management System Terminals
Indio PD Site
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Cathedral City PD Site
B. REMOTE SIMULCAST SITE—( LOCATED AT EDOM HILL)
Eleven Channel Remote Simulcast Site
GTR 8000 Base Radios
GCP 8000 Simulcast Site Controllers ( Redundant)
Site Routers ( Redundant)
LAN Switches
GPS Time and Frequency Standard
Receive Muhicoupler
Transmit Six Channel Combiner
Transmit RF Antenna Network
Receive RF Antenna Network
DC Power System
Monitored IIot- Standby Microwave Radios
Microwave Link to Indio Hill
Microwave Link to Palm Springs PD
Microwave Link to Cathedral City PD
C. REMOTE SIMULCAST SITE— ( LOCATED AT INDIO HILL) Eleven Channel Remote Simulcast Site
GTR 8000 Base Radios
GCP 8000 Simulcast Site Controllers ( Redundant)
Site Routers ( Redundant)
LAN Switches
GPSTime andFrequency Standard
Receive Multicoupler
Transmit Six Channel Combiner
Transmit RF Antenna Network
Receive RF Antenna Network
DC Power System
Monitored Hot- Standby Microwave Radios
Microwave Link to Ldom Hill
Microwave Link to Indio PD
19 583367 1
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CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
Pursuant to Palm Springs Municipal Code §3.39.050, approved by voters on November 3, 2009 by Measure “G” imposing an Access Line Tax, formerly known as Emergency Response Fee, to fund improvements to and operation of the City’s 911 communication system.
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G”.”
BACKGROUND:
Pursuant to Palm Springs Municipal Code §3.39.050, the voters approved an annual adjustment in accordance with the increase of the Consumer Price Index (CPI). Such annual adjustments as of December 31 of each year, beginning with December 31, 2010.
The voter-approved adjusted Access Line Tax pursuant to Section 1 of this Resolution shall be effective pursuant to §799(a)(5) of the Public Utilities Code of the State of California, collecting of this adjusted tax by no later than May 1, 2026. The CPI adjustment this year is 3.3%.
The new amount of the Access Line tax pursuant to Palm Springs Municipal Code §3.39.050 shall be adjusted as follows:
Access Line from $1.74 per month per access line to $1.80 Trunk Line from $13.18 per month per trunk line to $13.61
D – Page 73 of 925
City Council Staff Report
March 11, 2026 -- Page 2
Ratifying the Annual Adjustment to Access Line Rate
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Public Safety and Community Services.
FISCAL IMPACT:
The estimated total amount of the annual adjustment for all telecommunication users for a one-year period is approximately $41,000.
REVIEWED BY:
Department Director: Kristoper J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
D – Page 74 of 925
ATTACHMENT A
Resolution
D – Page 75 of 925
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL
ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO
PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED
BY THE VOTERS BY MEASURE “G”.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOLLOWS:
A. At the November 9, 2009 Regular Muni cipal Election, the voters passed Measure “G” imposing an Access Line Tax.
B. Pursuant to Palm Springs Municipal Code §3.39.050, the voters approved an annual adjustment in accordance with the increase of the Consumer Price Index. Such annual adjustment is to commence after December 31, 2010.
C. The Consumer Price Index: All Urban Consumers for the Riverside – San Bernardino – Ontario Area for All Items as reported by the United Stated Bureau of Labor Statistics is 3.3% for the period of January 1, 2026 and December 31, 2026.
D. Based on the CPI the annual adjustment is as follows: four (6) cents per month per access line, and thirty-three (43) cents per month per trunk line.
E. The estimated total amount of the annual adjustment for all telecommunication users for a one-year period is approximately $41,000.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The new amount of the Access Line Tax pursuant to Palm Springs Municipal Code §3.39.050 shall be adjusted as follows:
Access Line $1.80 per month per access line.
Trunk Line $13.61 per month per trunk line.
SECTION 2. The City Clerk is hereby directed and authorized to amend the Access Line Tax pursuant to voter approved Measure “G” and Palm Springs Municipal Code §3.39.050.
SECTION 3. The Director of Finance is hereby directed and authorized to provide written notice to service providers pursuant to §799(a)(5) of the Public Utilities Code of the State of California.
D – Page 76 of 925
Resolution No. _____
SECTION 4. The voter approved adjusted Access Line Tax pursuant to Section 1 of this Resolution shall be effective pursuant to §799(a)(5) of the Public Utilities Code of the State of California, but not later than May 1, 2026.
PASSED, APPROVED AND ADOPTED BY THE P ALM SPRINGS CITY
COUNCIL THIS 27th DAY OF March 11, 2026.
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
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 the 23 th day of April, 2025, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, MMC, CERA, City Clerk
City of Palm Springs, California
D – Page 77 of 925
CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PARCEL MAP 39219 TO SUBDIVIDE PROPERTY BY
THE CITY OF PALM SPRINGS
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:
The City of Palm Springs, (the “City”), has generated a Parcel Map to split one (1) larger City-owned vacant lot of 4.29 acres with APN 680-020-036, into two (2) parcels as follows:
Parcel 1 will be 2.38 acres and Parcel 2 will be 1.91 acres. The parcel is located on the west side of Gene Autry Trail (1400-1500 block) and the purpose of the lot split is to facilitate potential sale of one or both parcels in the future. There are no development plans currently; however, in the future, the City may elect to declare one or both lots as surplus under the Surplus Land Act (SLA). Both parcels are listed as excess land that is beyond the City’s foreseeable needs but not yet declared surplus in the Inventory Report for Excess, Exempt and Non-exempt Surplus Land adopted by City Council on November 12, 2025. The SLA requires any declared surplus land to be offered to other public/governmental entities, for parks/open space and affordable housing developers (preferred entities) in an open competitive bid process, prior to sale in the open market.
If sold in the open market, any future development must be consistent with the listed uses in the existing M-1 (service/manufacturing) zone per Section 92.17 of the Palm Springs Zoning Code and the Industrial (IND) General Plan Land Use Designation.
Approval of a final map for Parcel Map 39219 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. No prior discretionary actions were considered required by the Planning Services Director, allowing for the City’s ministerial approval of the final map.
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 39219 TO SUBDIVIDE CITY-OWNED PROPERTY LOCATED AT APN 680-020-036, GENE AUTRY TRAIL (1400-1500 BLOCK), IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”
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City Council Staff Report
March 11, 2026 -- Page 2
Parcel Map 39219
BUSINESS PRINCIPAL DISCLOSURE:
No principal disclosure is required as the subdivider is the City of Palm Springs.
BACKGROUND:
The City obtained the subject property on May 24, 1996, and the property has remained vacant since that time. The vacant lot is 4.29 acres and is located on the west side of Gene Autry Trail along the 1400-1500 block, south of Mesquite Avenue and west of the Palm Springs Surf Club.
To facilitate potential sale, the City is looking to subdivide the property into two smaller parcels. On May 28, 2025 it was determined by the Planning Services Director that the parcel map, being a City-initiated subdivision for vacant land, did not require going through Planning Commission as a tentative parcel map and that the final map can proceed directly to City Council for final map approval.
STAFF ANALYSIS:
A site map is provided below, a vicinity map is included as Attachment A, and a copy of the final map for PM 39216 is included as Attachment B.
The City Engineer has determined Parcel Map 39219 is ready for City Council approval.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt under CEQA Section 153015, Class 15 (Minor-Land Divisions) – The
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City Council Staff Report
March 11, 2026 -- Page 3
Parcel Map 39219
site is zoned for industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and zoning, and no variances or exceptions are required.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Economic Development.
FISCAL IMPACT:
Approval of Parcel Map 39219 for the currently vacant 4.29-acre parcel will allow for the potential development of the two resultant lots. Ultimately, upon completion of future development, the City will receive yet to be determined additional property tax and sales tax revenue. Additional incremental costs for public service may be incurred over time.
REVIEWED BY:
Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Vicinity Map
B. Parcel Map 39219
C. Resolution
E – Page 80 of 925
Attachment A
Vicinity Map
E – Page 81 of 925
CALLE SANTA CRUZ
VELLA RD
PASEO CAROLETA
PAR DR
CALLE PAULCALLE TOMAS
CALLE SAN RAPHAEL
CHERRY HILLS DR
WILLIAMS RD
PS WASTEWATER TREATMENT PLANT RD
DESERT LAKES DR
MESQUITE AVE
GENE AUTRY TRL
DINAH SHORE DR
Demuth
Park
Vicinity Map
Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen,
Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community, Esri Community Maps Contributors, Loma Linda University, UC Riverside, Agua Caliente Band of Indians, County of 1/30/2026
0 0.07 0.150.04 mi
0 0.1 0.20.05 km
1:4,000
Engineering Services Department
PS GIS
E – Page 82 of 925
Attachment B
Parcel Map 39219
E – Page 83 of 925
E – Page 84 of 925
E – Page 85 of 925
Attachment C
Resolution
E – Page 86 of 925
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP
39219 TO SUBDIVIDE CITY -OWNED PROPERTY
LOCATED AT APN 680 -020-036, GENE AUTRY TRAIL
(1400-1500 BLOCK), IN SECTION 19, TOWNSHIP 4
SOUTH, RANGE 5 EAST.
WHEREAS, on May 28, 2025 the Planning Services Director determined that the proposed subdivision did not require going before the Planning Commission of the City of Palm Springs; and
WHEREAS, the City has filed the subdivision of existing vacant City -owned land, identified as Parcel Map 39219, in accordance with Section 66458 of the California Government Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Parcel Map 39219 is in conformance with the General Plan
SECTION 2. Parcel Map 39219 conforms to all requirements of the Subdivision Map Act of the State of California.
SECTION 3. Parcel Map 39219 is hereby approved for purposes therein defined.
ADOPTED THIS 11TH DAY OF MARCH, 2026.
SCOTT C. STILES
CITY MANAGER, CITY OF PALM SPRINGS
ATTEST:
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
E – Page 87 of 925
Resolution No. _____
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 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
E – Page 88 of 925
CITY COUNCIL STAFF REPORT
DATE: March 11, 2026 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES
AGREEMENT NO. 24B101 WITH TIMBERLINE GSE, INC. TO
PURCHASE FOUR SWITCHBACK PASSENGER BOARDING RAMPS
FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve Amendment No. 2 to Contract Services Agreement No. 24B101 (Agreement) with Timberline GSE, Inc., in the amount of $278,000 for a revised contract amount not to exceed $556,000 to purchase four additional switchback passenger boarding ramps and two years of warranty and maintenance services for the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve Amendment No. 2 to Contract Services Agreement No. 24B101 with Timberline GSE, Inc. to purchase four switchback passenger boarding ramps, including two years of warranty and maintenance services, for the Palm Springs International Airport for an additional amount of $278,000 for a revised contract amount not to exceed $556,000, and extend the contract term for two years, June 17, 2024, through June 16, 2028.
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 March 2, 2026, Timberline GSE, Inc. is registered in the state of Utah.
BACKGROUND:
On June 13, 2024, City Council approved Contract Services Agreement No. 24B101 (Attachment C) with Timberline GSE, Inc. (Timberline), for the purchase of four
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City Council Staff Report
March 11, 2026 -- Page 2
Amendment No. 2 with Timberline GSE
switchback passenger boarding ramps (Ramps) for the Airport that included two years of warranty and maintenance services, for a two-year term with two one-year extension options, commencing on June 17, 2024, to June 16, 2026, for a total contract amount not to exceed $284,105.
On September 5, 2024, Amendment No. 1 (Attachment D) was executed to correct a mathematical error on the original bid form and revise the total contract amount, for a revised not to exceed amount of $278,000.
STAFF ANALYSIS:
The Ramps are used to support ground boarding and deplaning operations at ten gates within the Agua Caliente Concourse that are not equipped with passenger boarding bridges. These Ramps are a critical component in maintaining accessibility, operational efficiency, and compliance with the Americans with Disabilities Act (ADA).
Since their initial implementation, the existing Ramps have provided a safe, accessible, and reliable boarding solution for passengers, including those with reduced mobility, and have supported airline operations during periods of increased passenger demand. The Airport currently owns six Ramps; however, operational data and daily gate utilization have demonstrated that this quantity is insufficient to meet current needs. During peak operational periods, multiple aircraft routinely require simultaneous ground boarding, resulting in situations where all available Ramps are fully deployed and additional gates requiring Ramp access remain uncovered.
Airport staff evaluated several alternatives to address this operational gap, including continued use of the existing Ramp inventory, leasing additional Ramps, or purchasing additional Ramps:
Existing Ramps: Maintaining the current inventory of six Ramps was determined to be operationally inadequate, as it does not provide coverage for all ten gates requiring Ramp access and lacks sufficient redundancy during peak operational periods or when equipment is out of service. This option increases the risk of flight delays, operational inefficiencies, and potential ADA-related service impacts. Leasing Additional Ramps: Leasing was considered as a short-term alternative; however, this option presents several drawbacks including higher long-term costs, limited availability, potential inconsistencies in equipment specifications, and reduced operational control. Leasing does not provide a permanent solution to the Airport’s ongoing need for Ramp access at multiple gates, nor does it ensure immediate availability during peak periods or emergency situations. Purchasing Additional Ramps: Purchasing four additional Ramps provides a long-term, cost-effective solution that ensures consistent equipment specifications, immediate availability, and full operational control. This option allows the Airport to achieve full gate coverage, maintain necessary redundancy, and support reliable ADA-compliant operations without recurring lease costs or reliance on external
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City Council Staff Report
March 11, 2026 -- Page 3
Amendment No. 2 with Timberline GSE
availability. The associated capital investment would be amortized over a ten-year period, making the purchase a durable, long-term investment aligned with the Airport’s ongoing operational needs. Airport staff has determined that purchasing four additional Ramps represents the most operationally sound and fiscally responsible option. Procuring the Ramps from Timberline ensures consistency with equipment specifications previously approved by City Council, minimizes maintenance and supports seamless integration into existing Airport operations.
Airport staff recommends approval of Amendment No. 2 for the purchase of four additional Ramps to ensure adequate gate coverage, maintain operational continuity, and provide sufficient redundancy to support safe, accessible, and efficient ground boarding operations at the Airport.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a 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 Council Strategic Plan Broad Goals of Infrastructure and Facilities and Economic Development, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Infrastructure.
FISCAL IMPACT:
Sufficient funds are available in Fiscal Year 2025-26 in the Department of Aviation, Airside Operations Account 4157030-40105.
REVIEWED BY:
Procurement and Contracting Manager: Tabitha Richards
Executive Director of Aviation: Harry Barrett Jr.
City Attorney: Geremy Holm
City Manager: Scott Stiles
F – Page 91 of 925
City Council Staff Report
March 11, 2026 -- Page 4
Amendment No. 2 with Timberline GSE
ATTACHMENTS:
A. Contract Services Amendment No. 2 to Agreement No. 24B101 B. Public Integrity Disclosure
C. Contract Services Agreement No. 24B101
D. Amendment No. 1 to Agreement No. 24B101
F – Page 92 of 925
ATTACHMENT A
AMENDMENT NO. 2 TO
AGREEMENT NO. 24B101
WITH TIMBERLINE GSE INC.
F – Page 93 of 925
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT
NO. 24B101 BETWEEN THE CITY PALM SPRINGS AND TIMBERLINE GSE, INC.
1. P
arties and Date.
This Amendment No. 2 to the Contract Services Agreement is made and entered into as of this 11th day of March, 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Timberline GSE, Inc., a Utah corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2. 1 Agreement. City and Contractor entered into an agreement titled “Contract Services Agreement No. 24B101 Switchback Passenger Boarding Ramp for Palm Springs International Airport” dated June 17, 2024 (“Agreement”) for the purpose of retaining the services of Contractor to provide switchback boarding ramps for the Palm Springs International Airport with warranty and two years of warranty and maintenance service, in an amount not to exceed $284,105 and a two-year term with two one-year extension options, commencing on June 17, 2024, to June 16, 2026.
2.2 Amendment No 1 . City and Contractor entered into Amendment No. 1 to the Agreement, dated September 5, 2024, for the purpose of correcting the compensation amount due to a mathematical error on the bid form for a revised contract amount not to exceed $278,000.
2.3 Amendment Purpose. City and Contractor now desire to amend the Agreement to revise the Scope of Services and increase Compensation in an amount of $278,000 for a revised contract amount not to exceed $556,000, and extend the contract term for two years, term dates June 17, 2024, to June 16, 2028.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3. 1 Amendment. Section 1.1 Scope of Services of the Agreement is hereby amended to include services described in Exhibit “A1” attached hereto and incorporated herein by reference.
3.2 Amendment. Section 3.1 Compensation of Contractor of the Agreement is hereby amended to increase the contract in the amount of $278,000 described in Exhibit “A1” attached hereto and incorporated herein by reference. The total amount of Compensation shall not exceed $556,000.
3.3 Amendment. Section 4.4 Term of the Agreement is hereby amended in its entirety to read 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 for a period of four years, commencing on June 17, 2024, and ending on June 16, 2028, unless extended by mutual written agreement of the Parties.”
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55575.18100\42913029.1
(BB&K 2024)
3.4 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.3 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. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3. 5 Counterparts. This Amendment No. 2 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]
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55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT NO. 24B101 BETWEEN THE CITY PALM SPRINGS AND TIMBERLINE GSE, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: ____________________________ By: ______________________________ S ignature Signature
( 2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: 3/11/2026 Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ C ity 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
F – Page 96 of 925
55575.18100\42913029.1
(BB&K 2024)
EXHIBIT “A1”
F – Page 97 of 925
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
F – Page 98 of 925
F – Page 99 of 925
F – Page 100 of 925
ATTACHMENT C
AGREEMENT NO. 24B101
WITH TIMBERLINE GSE INC.
F – Page 101 of 925
CONTRACT SERVICES AGREEMENT 24B101
SWITCHBACK PASSENGER BOARDING RAMP FOR
PALM SPRINGS INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on June 17, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Timberline GSE, Inc., a Utah corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires qualified firm to provide switchback boarding ramps fo r the Palm Spr
ings International Airport with warranty and 2 years of operation and maintenance services, (“Project”).
B. Contractor has submitted to City a Bid to provide switchback boarding ramps for t he Palm
Springs International Airport with warranty and 2 years of operation and maintenance services, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualif ied and desir
es to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 C ompliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.3 Li censes and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work . By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
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2. TIME FOR COMPLETION
The t
ime for completion of the Services to be performed by Contractor is an essent ial condit
ion of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. C
OMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor . Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $284,105.00.
3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Se rvices rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director.
Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay 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 C hanges. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations . This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFO
RMANCE SCHEDULE
4.1 Time of Essence . Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure . The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an even t that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a
F – Page 103 of 925
m
unicipal 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 final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term . Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two years, commencing on June 17, 2024, and ending on June 16, 2026, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.
4.5 T ermination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
5. C
OORDINATION OF WORK
5.1 Representative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Wren Gardner, Administrator . It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 C ontract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 P rohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of
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City. Subcontracts, if any, shall contain a prov isions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor . Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 P ersonnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Wren Gardner Administrator
5.6 California Labor Code Requirements .
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require t he payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities , costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as
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applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION .
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertain ing to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 D esign Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports . Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records . Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services.
The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
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8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termi nation of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 R elease of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Contractor s hall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all account ing books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law . This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 I nterpretation. 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 (includi ng, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 W aiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 R ights 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 Part y of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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9.5 Legal Action . In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 A ttorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 C onflict 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 thereafte r. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 C ovenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expressi on, 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, up grading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; ra tes of pay or other forms of compensation; and selection for training, including apprenticeship; a nd further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice . Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
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To Contractor: Timberline GSE Inc.
Attention: Wren Gardner
2215 South Industrial Park Road
Richfield, UT 84754
11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 A mendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 S everability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clause s, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceabl e by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or se ctions of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 T hird 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 R ecitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority . The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.
12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
13. Federal Provisions
Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With
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respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND TIMBERLINE GSE, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _________________ Item No. _________________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ C i t y A t t o r n e y C i t y C l e r k
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Background:
It is the intention of these specifications to describe the minimum acceptable standards for obtaining a new switchback passenger boarding ramp for use at the Palm Springs International Airport. The scope is to include all services, equipment, and labor to deliver a new switchback passenger boarding ramp that meets the ADA compliance requirement.
The equipment will be used for the ground boarding of passengers to and from aircraft.
The equipment shall include all the manufacturer’s standard equipment for the model in addition to the items required by this specification.
1.2 Scope:
1. Equipment Specifications
These specifications describe the City of Palm Springs requirements for a Switchback Passenger Boarding ramp. The following describes the City’s (Airport’s) minimum Technical Specifications for equipment, functionality, durability, serviceability, and economics.
a. This specification describes City of Palm Springs (Airport) technical specifications for a switchback passenger boarding ramp. The unit shall NOT be what is commonly known as an “Air Stairs”.
The unit CAN NOT have any stairs. The unit must be a Switchback Style Passenger Boarding Ramp unit consisting of multiple ramps that are adjustable to various aircraft sill heights as specified above. The unit must be capable of meeting the ADA passenger accessibility standards. b. Service Height: Capable of serving an aircraft’s official doorsill height at a minimum of 6’2” (190 cm) and at a maximum of 11’2” (340 cm) regardless of aircraft type. Must not exceed 11’2” feet when stowed.
c. Total Length of Unit: Not to exceed 45 feet.
d. Total Width of Unit: 17 feet or less.
e. Weight: The unloaded weight of unit and all parts shall not exceed 6,500 lbs. f. Walkway Width: Minimum width of 34”. Must accommodate 3- and 4- wheeled mobility aids.
g. Handrail Surface: Coated in material designed for burn prevention should a user contact surface.
h. Walkway Surface: Coated in material designed to prevent slip and falls when surfaces are wet. Must be continuous and not have protrusions greater than 0.25 inches.
i. Operation: Towable
j. Deployment: The time required to deploy equipment and prepare standby/storage must be two minutes or less.
k. Design Stress: The stress levels for design must be based on the total of the structural weight plus the maximum carried passenger load. The design must be based on the highest stress occurring over the full range of motion with the load in the least favorable positions.
l. Wind Rating: The structure must withstand wind loads of up to 90 mph for 3 second gusts while in use, and up to 70 mph for sustained winds.
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m. Gradient Slope: The maximum angle for transition ramps should not be greater than 1:8.
n. Safety: The unit must be equipped with a stabilizing system for occupant safety while mated to the aircraft doorsill.
o. Tires: Shall be flat-free regardless of object it may run over. p. User Mobility Access: The unit must provide a means for boarding wheelchair users and other passengers with mobility impairments onto the ramp surface at ground level.
q. Training: The Contractor must, at no additional cost, provide trained personnel at the tie of delivery to adequately train airport/airline staff in the operation and maintenance of the unit.
Training must include written operating instructions that depict the step-by- step operating use of the unit. Writte n instruction must include, or be supplemented by, safety training materials which can be used to train subsequent new operators.
Training topics must include troubleshooting and problem solving, in the form of theory and hands-on training, for personnel designated by the City of Palm Springs.
r. Useful Total Life: The unit must be designed to perform its intended function for its “total life” period, when maintained according to the manufacturer’s instructions. The “total life” for which the equipment is designed, assuming it is used and maintained in accordance with the Contractor’s recommendations, must be a minimum of 2 years, based on a frequency of use of 1,000 cycles per year.
s. Supplemental Documentation: The Contractor must develop and provide to the City of Palm Springs written documentation on recommended preventative maintenance actions.
The Contractor must develop and provide to the City of Palm Springs written documentation on recommended cleaning procedures, including solvent types and tools.
The manufacturer must develop and provide to the City of Palm Springs written documentation on regularly scheduled maintenance inspection procedures. A focus on sensitive equipment and schedules timelines must be included in the documentation.
The manufacturer must develop and provide to the City of Palm Springs a parts list including associated replacement/repair costs. t. Operational Standards and Testing: Contractor shall be responsible for conducting tests to ensure that its equipment meets the operation and performance requirement it advertises. Certified records of these compliance tests shall be submitted by the manufacturer.
u. Post Delivery Inspection: Contractor shall provide a post-delivery inspection service of the equipment, approximately thirty (30) days after it is placed in service. The inspection shall include identifying signs of premature wear, verifying integrity of welds, check bearings.
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v. Delivery: Guaranteed delivery is required no later than forty w. Training: Contractor shall provide operational and repair troubleshooting training to staff or shall provide manual with sufficient instructions. x. Additional Replacement Parts: Contractor shall include 1 replacement tire for each unit. If multiple types of tires are equipment on each unit, the contractor shall include 1 replacement ti re of each type for each unit in the bid. Contractor shall include 1 replacement spring shield/guard for each unit in the bid.
2. Warranty:
a. Price Warranty:
Contractor shall guarantee that prices for equipment and parts in the like grade and quantity will be as low as such equipment and parts sold through any other government contract or cooperative. Any time the prices are reduced or increased to the general trade, it is understood that the City of Palm Springs shall not pay a higher price than any other user effective with the date of such price reduction or increase to the general trade.
b. Equipment Warranty:
The contractor shall fully warrant all products including without limitation against any poor or inferior quality product for a period not less than one (1) year from the date of final acceptance of the product by the City. The contractor shall replace product in a timely manner so as to minimize th e possible disruption of Airport operations resulting from the said product. Where applicable, all bids shall be accompanied by a copy description of the manufacturer’s warranty for the item(s) proposed and evidence that such a warranty is assignable to the City of Palm Springs or Palm Springs International Airport.
3. Parts and Services:
a. Service Capability
Contractor must have equipment, parts, and personnel available to service, maintain, overhaul, and repair the equipment within the warranty and service period.
b. Parts Pricing and Availability
The successful bidder agrees to offer OEM parts to the City of Palm Springs for the life of the equipment or as otherwise stated. The Contractor shall make deliveries within 48 hours when requested.
4. Compensation:
Work will be compensated on a lumpsum basis. Contract pricing includes purchase and delivery of 4 Switchback Passenger Boarding Ramps, 2-year operation and maintenance services, and warranty as outlined in the contract scope. No additional compensation will be due by the City unless the contract is modified work requested by the City.
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EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any pr oposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance . The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Invitation for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insure r shall waive all rights of subrogation and contribution it may have against City, its elec ted officials, officers, employees, agents, and volunteers.
4. E rrors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s
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services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. V erification of Coverage . Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, t he City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with res pect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of
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Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
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EXHIBIT “C”
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Exhibit “D”
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Bu y American Preference * 6
FAA – 05 Civil Ri ghts General 7
FAA – 06 Civil Ri ghts – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safet y Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvanta ged Business Enterprise * 23
FAA – 13 Distracted Drivin g 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Emplo yment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobb ying and Influencing Federal Employees 37 FAA – 19 Prohibition of Se gregated Facilities 38
FAA – 20 Occupational Safet y and Health Act of 1970 39 FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Ri ght to Inventions 41
FAA – 23 Seismic Safet y 42
FAA – 24 Tax Delinquenc y and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 2.8.2023
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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38
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FAA - 02 Affirmative Action Requirement
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:
Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.
Construction work means construction, rehabilit ation, alteration, conversion, extension, demolition or repair of buildings , highways or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction.
Equipment – any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).
Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined by the U.S.
Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).
Property/Land – any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENTS -
1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: [N/A]
Goals for female participation in each trade: [N/A]
These goals are applicable to all of the Contractor ’s construction work (whether or not it is Federal or federally assisted) performed in th e covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially
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uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.
Reference: 41 CFR Part 60-4
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FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
x Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
x Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.
REQUIREMENT -
The Contractor certifies that all constructions ma terials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
Reference: Title 49 USC § 50101
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FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.
REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited Englis h proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.
REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Cont ractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations ( ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
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reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.
Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Cont ractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrim ination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bi dding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in t he exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
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6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.
REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251
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FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.
Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Exam ples include the installation of property fencing or testing for environmental contamination
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
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The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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FAA – 09 Copeland Anti-Kickback
APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.
Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).
Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreem ents (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.
Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part
3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontra ctor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5
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FAA – 10 Davis Bacon Requirements
APPLICABILITY -
The Davis-Bacon Act (40 USC §§ 3141-3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.
Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.
Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects – Fencing projects that exceed $2,000 must include this provision.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
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for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classi fication for the time actually worked therein:
Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mec hanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
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(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding. The Federal Aviation Administration or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that t he wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to
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include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
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Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program , but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which ha s received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shal l not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination un less the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding
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journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
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(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141- 3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified fr om participation in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Managem ent at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any availabl e remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.
The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City. Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required
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in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).
REQUIREMENT -
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving moto r vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub- tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.
REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216
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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There DUHWZRSURYLVLRQVʊDFRQVWUXFWLRQFODXVHDQGDVSHFLILFDWLRQFODXVH The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.
Contract Types –
Construction – all construction contracts and subcontracts as required above.
Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – all professional service agreements as required above.
Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.
REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such
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employee's essential job functions discloses t he compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an inve stigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in c onspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisi ons of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a re sult of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority;
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c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization th e Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
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5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of thei r training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affi rmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bar gaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The
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Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employ ees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations servin g the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out.
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n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to me et its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a subst antially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and ti metables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve ma ximum results from its efforts to ensure equal
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employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e .g., mechanic, apprentic e, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.
All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.
Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.
REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.
REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also discl ose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
For an award over $100,00, the bidder or offero r certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
x No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. x If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
x The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender ident ity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.
Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause.
Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility serv ices. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.
Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring equipment.
Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.
Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1
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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.
REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.
Construction and Equipment – all construction and equipment projects.
Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.
REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contra ct performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to constr uction, equipment, or professional service contracts unless the cont ract includes experimental, developmental, or research work.
REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.
Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.
Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.
Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.
Land – This provision will not typically apply to a property/land project.
REQUIREMENT -
A23.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
A23.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
Reference: 49 CFR Part 41
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FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.
REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liabi lity for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
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FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09
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FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.
REQUIREMENT -
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country in cluded on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the ju risdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Cont ractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provis ion for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.
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