CITY OF PALM SPRINGS
Regular Meeting Agenda
MAY 27, 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
• To view, listen to, or participate in the meeting live, please contact the Office of the City Clerk at [email protected] or at the telephone number (760) 323-8204 to register for participation in the Zoom meeting. An email containing the Zoom credentials will be sent upon completion of registration in order to facilitate access to the meeting and enable public comment. Individuals wishing to provide public testimony regarding an item on the agenda are requested to file a speaker card before the Public Testimony portion of the meeting closes. • 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 http://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 – EXISTING LITIGATION,
Pursuant to Gov. Code § 54956.9(d)(1)
Two (2) matters
Elsa Alvarez Murillo v. City of Palm Springs, et al; Riv. Sup. Ct. No.
CVPS2500991
Worker’s Compensation Claim (Anthony Harrison) (ADJ13295391, ADJ13295392, ADJ13296039)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant
to Gov. Code §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: 513-092-010)
City Negotiator: Scott Stiles, City Manager and
Jeff Ballinger, City Attorney
Negotiating parties: Michael Braun, Town & Country Center, LLC Under negotiation: Price and Terms
CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Gov. Code § 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
CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE
TO LITIGATION, Pursuant to Gov. Code § 54956.9(d)(2)
Two (2) matters
CLOSED SESSION ADJOURNMENT:
5:30 PM REGULAR MEETING:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
(A) CARAVANSERAI PROGRAM UPDATE
(B) RAMON ROAD BRIDGE PROJECT ENGAGEMENT 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 (Agenda Items Only | Non-Public Hearing Items): 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. MOTION TO READ ORDINANCE BY TITLE ONLY
RECOMMENDATION:
Approve
1B. APPROVAL OF MINUTES
RECOMMENDATION:
1. Approve the City Council Meeting Minutes of May 12, 2026.
2. Approve the City Council Special Meeting Minutes of May 19, 2026.
1C. APPROVAL OF PAYROLL & 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 03-28-26 and 04-11-26 TOTALING $5,645,802.35 AND ACCOUNTS PAYABLE WARRANTS DATED 03-26-26 and 04-09- 26 TOTALING $11,207,429.64 IN THE AGGREGATE AMOUNT OF
$16,853,231.99 DRAWN ON BANK OF AMERICA”.
1D. RESOLUTIONS CALLING THE NOVEMBER 3, 2026, GENERAL
MUNICIPAL ELECTION, REQUESTING CONSOLIDATION OF
THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION AND ADOPTING REGULATIONS FOR
CANDIDATE STATEMENTS
RECOMMENDATION:
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER
3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS, AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA AND CITY CHARTER.”
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 3, 2026, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO §10403 OF THE ELECTIONS CODE.”
3. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE STATEMENTS
SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 3, 2026.”
1E. A REQUEST BY G&M OIL CO., LLC, FOR A RESOLUTION OF
PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER,
WINE, AND DISTILLED SPIRITS FOR OFF-SITE
CONSUMPTION (TYPE 21 – OFF-SALE GENERAL) AT AN
AUTOMOBILE SERVICE STATION CONVENIENCE MARKET
LOCATED AT 6600 NORTH INDIAN CANYON DRIVE, ZONE HC,
SECTION 23 (CASE PCN-2026-0001)
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT
PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL
LICENSE AT AN AUTOMOBILE SERVICE STATION CONVENIENCE
MARKET (CHEVRON) LOCATED AT 6600 NORTH INDIAN CANYON
DRIVE (APN: 669-091-019 & 669-091-020) WITHIN CENSUS TRACT NO. 445.24 (CASE NO. PCN-2026-0001)"
1F. APPROVAL OF AMENDMENT NO. 1 (24P168) WITH CVL
ECONOMICS FOR ECONOMIC DEVELOPMENT CONSULTING
SERVICES – IMPLEMENTATION ACTIVATION, CODE AND
REGULATORY REVIEW
RECOMMENDATION:
1. Approval of Amendment No. 1 (24P168) with CVL Economics for Economic Development Consulting Services -
Implementation Activation, Code and Regulatory Review.
2. Authorize the City Manager and City Attorney to make nonsubstantive changes to the document and execute the contract.
1G. MEMORANDUM OF UNDERSTANDING WITH THE
MANAGEMENT ASSOCIATION OF PALM SPRINGS AND PALM
SPRINGS FIREFIGHTERS ASSOCIATION
RECOMMENDATION:
1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE
TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS
FIREFIGHTERS ASSOCIATION AND THE MANAGEMENT
ASSOCIATION OF PALM SPRINGS FOR THE PERIOD OF JULY 1,
2026 THROUGH JUNE 30, 2029, SUBJECT TO THE
ASSOCIATION EXECUTING THE MEMORANDUM OF
UNDERSTANDING, AND ADOPTING SALARY AND BENEFIT
CONDITIONS OF EMPLOYMENT FOR UNREPRESENTED
EMPLOYEES SIMILAR AS THOSE OF THE MANAGEMENT
EMPLOYEE ASSOCIATION.”.
2. Authorize the City Manager to execute the Memorandum of Understanding (”MOU”) and all documents necessary to
effectuate the above action, including the allocation and compensation plans, salary schedules, agreements and
contracts, and any non-substantial MOU language or
reorganization.
1H. APPROVE SIDE LETTER AGREEMENT MODIFYING ARTICLE 22
OF THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION
MOU TO INCLUDE HOLIDAYS RECOGNIZED
RECOMMENDATION:
Approve Side Letter of Agreement between City of Palm Springs and Palm Springs Police Officers’ Association modifying Article 22 of the MOU to reflect current holidays for which members receive holidayin-lieu pay and clarifying that such compensation is reported to CalPERS in accordance with applicable regulations.
1I. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E),
AND AUTHORIZATION TO BID THE RACQUET CLUB ROAD
RECONFIGURATION, CITY PROJECT 22-21B
RECOMMENDATION:
1. Approve the plans, specifications and estimate, and authorize Staff to advertise and solicit bids for the Racquet Club Road Reconfiguration, City Project 22-21B;
2. Authorize the City Manager to execute all necessary
documents.
1J. APPROVE THE DESERT SUPERBLOOM TEMPORARY MURAL BY
ARTIST CHRIS RAMIREZ ON THE DOWNTOWN SOUTH
PARKING GARAGE LIGHTWELL SOUTH, NORTH, AND WEST
FACING WALLS
RECOMMENDATION:
1) Approve installation of the Desert Superbloom mural project on the south, north, and west facing walls of the South Public Parking Structure, as recommended by the Public Arts Commission. 2) Authorize the City Manager to execute all necessary documents to facilitate the installation of the Desert Superbloom mural. 1K. APPROVE A RESOLUTION ESTABLISHING A REIMBURSEMENT
OF ALL EXPENSES RELATED TO THE CONVENTION CENTER
IMPROVEMENTS WITH FUTURE DEBT PROCEEDS IF PAID
PRIOR TO THE ISSUANCE OF DEBT
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM
SPRINGS DECLARING ITS INTENT TO ISSUE TAX-EXEMPT BONDS
TO BE USED TO REIMBURSE THE CITY FOR EXPENDITURES PRIOR TO THE ISSUANCE OF SUCH BONDS”.
1L. AWARD CONSTRUCTION CONTRACTS WITH DESERT
CONCEPTS CONSTRUCTION, INC. AND ONYX PAVING
COMPANY, INC. FOR ON-CALL ASPHALT REPAIR AND
REPLACEMENT SERVICES
RECOMMENDATION:
1. Approve Construction Contract No. 26B076 with Desert Concepts Construction, Inc., to provide on-call asphalt repair and replacement services in an amount not to exceed
$960,000 for an initial three-year term commencing on May 28, 2026, and continuing through May 27, 2029, with two one-year extension options at the City’s sole discretion;
2. Approve Construction Contract No. 26B077 with Onyx Paving Company, Inc., to provide on-call asphalt repair and
replacement services in an amount not to exceed $640,000 for an initial three-year term commencing on May 28, 2026, and continuing through May 27, 2029, with two one-year
extension options at the City’s sole discretion;
3. Authorize the City Manager or designee to execute all necessary documents.
1M. AWARD OF A CONSTRUCTION AGREEMENT TO MALCOLM
DRILLING COMPANY, INC. IN THE AMOUNT OF $319,512.50
FOR NEW MONITORING WELLS, AIRPORT PROJECT PSP 26-
043
RECOMMENDATION:
1. Award a Construction Agreement to Malcolm Drilling
Company, Inc., in the amount of $319,512.50 for New
Monitoring Wells, Airport Project PSP 26-043.
2. Direct staff to report all contract change orders to City Council.
3. Authorize the City Manager or his designee to execute all necessary documents subject to such changes/revisions
agreeable to the City Manager and City Attorney.
1N. PURCHASE OF PROPERTY LOCATED AT 550 PASEO DOROTEA
TO SERVE AS AN ADMINISTRATION BUILDING FOR THE
PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Receive and file report on the April 9, 2026, acquisition of real property located at 550 Paseo Dorotea (Property) to serve as an administration building for the Palm Springs International Airport. 1O. AWARD CONTRACT SERVICES AGREEMENT NO. 26B072 WITH
UNIVERSAL GREEN LLC FOR LANDSCAPE AND GROUNDS
MAINTENANCE SERVICES FOR CITY FACILITIES
RECOMMENDATION:
1. Award Contract Services Agreement No. 26B072 with Universal Green LLC to provide landscape and grounds maintenance services of City facilities in an amount not to exceed $733,550 for an initial three-year term commencing on July 1, 2026, and continuing through June 30, 2029, with two one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
1P. ESTABLISH A POLICY MANDATING AN INDEPENDENT
AUDITING FIRM TO CONDUCT AN AUDIT EVERY TWO FISCAL
YEARS FOR CITY GRANTS AND CONTRACTS
RECOMMENDATION:
By motion, approve a policy mandating an independent auditing firm conduct an internal operational audit over City-funded grants and contracts (key processes, procedures, and internal controls) every two fiscal years.
1Q. ADOPT THE CITY’S FISCAL YEAR 2026-27 INVESTMENT
POLICY GOVERNING THE INVESTMENT OF CITY FUNDS
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
INVESTMENT POLICY GOVERNING THE INVESTMENT OF CITY
FUNDS AND SUPERSEDING RESOLUTION NO. 25200”.
Delegate the City Council’s authority to invest and reinvest public funds, and to sell or exchange securities so purchased to the City Treasurer for one year or until earlier revoked by the City Council. 1R. AUTHORIZE THE CITY OF PALM SPRINGS TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH PEOPLE FOR THE
PARKS PALM SPRINGS FOUNDATION, INC. DBA PALM
SPRINGS PARKS FOUNDATION
RECOMMENDATION:
1. Approve the Memorandum of Understanding with People for the Parks Palm Springs Foundation, Inc., dba Palm Springs Parks Foundation, subject to final City Manager and City Attorney approval, to formalize the partnership between the Foundation and the City of Palm Springs Department of Parks & Recreation.
2. Authorize the City Manager, or designee, to execute all necessary documents.
1S. AUTHORIZE THE CITY OF PALM SPRINGS TO AMEND
AGREEMENT NO. 25I136 WITH PYRO SPECTACULARS, INC.
FOR FIREWORKS PRODUCTIONS FOR THE CITY'S
INDEPENDENCE DAY AND VETERANS DAY CELEBRATIONS
RECOMMENDATION:
1. Approve Amendment No. 1 to Agreement No. 25I136 with Pyro Spectaculars, Inc. for fireworks productions for the City’s Independence Day and Veterans Day celebrations, subject to final City Manager and City Attorney approval, in the total contract amount of $252,000 and extending the agreement term an additional two years through November 30, 2027.
2. Authorize the City Manager, or designee, to execute all necessary documents.
1T. EXTENSION OF THE DISASTER OVERLAY ZONE PROGRAMS
RECOMMENDATION:
Adopt Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING
PROGRAMS FOR THE DISASTER OVERLAY ZONE AREA.”
1U. ECONOMIC DEVELOPMENT LIAISON APPOINTMENTS;
SUSPENSION OF THE ECONOMIC DEVELOPMENT
SUBCOMMITTEE
RECOMMENDATION:
Appoint Mayor Soto and Councilmember Bernstein as Economic Development liaisons and to suspend the Economic Development Subcommittee.
2. PUBLIC HEARINGS:
2A. DELINQUENT WASTE DISPOSAL CHARGES
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE
DELINQUENT AND DIRECTING THE PLACEMENT OF THESE
ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR
COLLECTION."
2B. RESOLUTION DECLARING RESULTS OF MAJORITY PROTEST
PROCEEDINGS TO ESTABLISH THE PALM SPRINGS TOURISM
INFRASTRUCTURE DISTRICT
RECOMMENDATION:
1. Hold a final hearing, declaring results of majority protest proceedings; and
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL (COUNCIL) OF THE CITY OF PALM SPRINGS (CITY)
DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS
AND ESTABLISHING THE PALM SPRINGS TOURISM
INFRASTRUCTURE DISTRICT (PSTID)”.
3. BUSINESS & LEGISLATIVE:
3A. GENERAL FUND, AIRPORT, AND CAPITAL 3RD QUARTER OF
FISCAL YEAR 2025-26 BUDGET UPDATE AND FORECAST
RECOMMENDATION:
Receive and File.
3B. INTRODUCTION OF AN ORDINANCE ENTITLED, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.45 OF THE
PALM SPRINGS MUNICIPAL CODE REGARDING THE HUMAN
RIGHTS COMMISSION”
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance entitled “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 2.45 OF THE PALM
SPRINGS MUNICIPAL CODE REGARDING THE HUMAN RIGHTS
COMMISSION”
3C. DISCUSSION OF CITY MAYORAL POSITION AND REPORT
FROM AD HOC SUBCOMMITTEE
RECOMMENDATION:
Receive and file this report and provide direction to Staff as appropriate.
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 05/20/2026, 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 Pursuant to G.C. Section 65009(b)(2) if you challenge any action taken concerning a public hearing item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
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)
May 12, 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 May 12, 2026, at 6:02 PM.
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: None.
PROCLAMATIONS:
Mayor Soto announced the issuance of the following proclamations:
• April 22, 2026: Proclaimed as Earth Day and Arbor Day. • May 1, 2026: Proclaimed as Gary Kief Day and Sigma Phi Epsilon Day. • May 3 – 4, 2026: Proclaimed as Convergence Beauty Wellness Science Summit Days. • May 8, 2026: Proclaimed as Desert Ensemble Theatre Day. • May 3 – 9, 2026: Proclaimed as Public Service Week.
ACCEPTANCE OF THE AGENDA:
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Accept the agenda with the removal of Consent Calendar Item Nos. 1E, 1J, 1N, and 1O for separate discussion.
B – Page 14 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 2
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 May 12, 2026, was called to order by Mayor Soto at 3:32 PM.
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 — SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Gov. Code § 54956.9(d)(2)
One (1) matter
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Gov. Code § 54956.9(d)(1)
One (1) matter
Ana Sosa-Lanz and Raul Sosa-Michel v. City of Palm Springs, et al., Riv. Sup. Ct.
No. CVPS2508198
CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Gov. Code §54956.8 Property:
City Negotiator:
Negotiating parties:
Under negotiation:
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: 513-092-
010)
Scott Stiles, City Manager and Jeff Ballinger, City Attorney Michael Braun, Town & Country Center, LLC
Price and Terms
Councilmember Bernstein recused from the conference with real property negotiators closed session item (related to negotiating parties Michael Braun and Town & Country, LLC).
B – Page 15 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 3
CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Gov. Code § 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
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to
Gov Code §54957
City Manager
City Attorney
PUBLIC TESTIMONY (Non-Public Hearing Agenda Items Only):
Luis Martinez, Shannon Anderson, Shon Tomlin, Adam Robinson, Heather Carson, Bruce Hoban, Emmanuelle Chandler, Fred Gruner, Tammara Wells, Frank Hundley, Tom McGlone, Emily Bailey, Robb Levinsky, John Zemko, Michael Lambton, Garrett Rice, Karl Frazier, Mike Paonessa, Francine McDougall, Celeste Brackley, Lisa Farsadi, Angelo Figone, Scott White, Dayna Steele, Ryan Fischer, Rich Gordon, and David Vignolo provided oral testimony.
1. CONSENT CALENDAR:
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to: Approve the Consent Calendar with the removal of Consent Calendar Item Nos. 1E, 1J, 1N, and 1O for separate discussion. 1A. MOTION TO READ ORDINANCE BY TITLE ONLY
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to: Approve.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1B. APPROVAL OF MINUTES
B – Page 16 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 4
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to: Approve the City Council Meeting Minutes of April 22, 2026.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1C. TREASURER’S INVESTMENT REPORT AS OF MARCH 31, 2026
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to: Receive and File.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1D. APPROVE AN AGREEMENT WITH THE FEDERAL HIGHWAY
ADMINISTRATION (FHWA) FOR FUNDING UNDER THE SAFE
STREETS AND ROADS FOR ALL (SS4A) PROGRAM FOR THE CITY OF
PALM SPRINGS COMPREHENSIVE SAFETY ACTION PLAN
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve Agreement (Federal Award No. 693JJ32640492) with the Federal Highway Administration for Safe Streets and Roads for All (SS4A) Program funding in an amount not to exceed $776,000 for the preparation of the City of Palm Springs Comprehensive Safety Action Plan; and
2. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
B – Page 17 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 5
1E. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E), AND
AUTHORIZATION TO BID THE SOUTH PALM CANYON DRIVE ROAD
RECONFIGURATION, CITY PROJECT 22-21A
Motion by Mayor Pro Tem Ready, Second by Councilmember
Garner, CARRIED 5 – 0, to:
1. Approve the plans, specifications and estimate, and authorize Staff to advertise and solicit bids for the South Palm Canyon Drive Road Reconfiguration, City Project 22-21A; and
2. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1F. APPROVE CONSTRUCTION CONTRACT NO. 26P038 FOR PARKING
ACCESS AND REVENUE CONTROL SYSTEMS EQUIPMENT,
MAINTENANCE, AND SUPPORT AND CONTRACT SERVICES
AGREEMENT NO. 26P039 FOR A PREBOOKING AND RESERVATION
SYSTEM WITH SKIDATA, INC., FOR PALM SPRINGS
INTERNATIONAL AIRPORT
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve Construction Agreement No. 26P038 for Parking Access and Revenue Control Systems (PARCS) equipment, maintenance, and support for an amount not to exceed $794,118 for an initial five-year term commencing on May 12, 2026, and continuing through May 11, 2031, with a five-year optional renewal term at the City’s sole discretion.
2. Approve Contract Services Agreement No. 26P039 for a Prebooking and Reservation System in an amount not to exceed $43,780 for an initial five-year term commencing on May 12, 2026, and continuing through May 11, 2031, with a five-year optional renewal term at the City’s sole discretion.
3. Authorize the City Manager or designee to execute all necessary documents subject to such changes/revisions agreeable to the City Manager and City Attorney.
B – Page 18 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 6
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1G. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH BEAR
ELECTRICAL SOLUTIONS, LLC, FOR ON-CALL TRAFFIC SIGNAL
MAINTENANCE SUPPORT SERVICES
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve Agreement with Bear Electrical Solutions, LLC, for on-call traffic signal maintenance services for a not-to-exceed annual amount of $580,000 for routine maintenance, and all other emergency repairs reimbursed at a time/materials cost basis, for an initial three (3) year term, subject to two (2) additional one (1) year extensions; and,
2. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1H. APPROVE COOPERATIVE PURCHASE AGREEMENT 26C042 WITH
BRIGHTLY SOFTWARE, INC. TO PROVIDE FACILITIES
MANAGEMENT SOFTWARE FOR ONE YEAR
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
Approve Cooperative Purchase Agreement 26C042 (Attachment A) with Brightly Software, Inc., for facilities management software in an amount of $39,708.73 beginning April 1, 2026, continuing through March 31, 2027.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
B – Page 19 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 7
RECUSED: None
1I. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. 23P056 WITH OFRS, INC., FOR HOMELESS ENCAMPMENT AND SITE CLEAN-UP
SERVICES
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve Amendment No. 3 to Agreement No. 23P056 with OFRS, Inc., to provide homeless encampment and site clean-up services for an additional amount of $1,008,000 for a total revised contract amount not to exceed $3,888,000 and extend the term of the contract through May 31, 2027; and,
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
1J. AWARD OF A CONSTRUCTION CONTRACT TO GLOBAL BUILDERS, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $495,976
FOR THE VICTORIA PARK RESTROOM REPLACEMENT, CITY
PROJECT 18-06 (MEASURE J FUNDS)
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Award a construction contract to Global Builders, Inc., in the amount of $495,976 for the Victoria Park Restroom Replacement, City Project No. 18-06 (“the Project”);
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
B – Page 20 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 8
1K. AUTHORIZE THE PURCHASE OF ONE (1) GAPVAX JET/VAC TRUCK AND (1) TRAFFIC CONTROL TRUCK
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve the issuance of a purchase order to Plumbers Depot, Inc., for the purchase of one (1) new 2026 GapVax combination jet/vac truck, in an amount not to exceed $976,210.73, inclusive of a 10% contingency.
2. After delivery of the new vehicle, declare the existing vehicle (Unit 4130E) being replaced as surplus, and authorize its reassignment to the Public Works Department for operational use until such a time that the repairs exceed the value of the vehicle, after which the Department of Public Works shall surplus the equipment directly to auction as authorized by the City Manager or designee.
3. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of (1) new 2026 Ford F-350 traffic control truck, in the amount of $90,491.75, inclusive of a 10% contingency.
4. After delivery of the new vehicle, declare the existing vehicle (Unit 431) being replaced as surplus, waive the equipment requirements of 7.07.020 (5) of the Palm Springs Municipal Code and approve the surplus equipment to directly to auction as authorized by the City Manager or designee.
5. 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
1L. APPROVE CONSTRUCTION CONTRACT NO. 26C057 WITH OTIS
ELEVATOR COMPANY FOR ELEVATOR MAINTINACE AND REPAIR
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve Contract Service Agreement No. 26C057 with Otis Elevator Company for elevator maintenance, repair, and refurbishment services for the five (5) City-owned and operated elevators for an amount not to exceed $350,000 for a five-year term.
2. Authorize the City Manager or designee to execute all necessary documents.
B – Page 21 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 9
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1M. ACCEPTANCE OF THE DOWNTOWN PARK FOUNTAIN SPLASHPAD
RENOVATION
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Accept the public works improvement known as the Downtown Park Fountain Splashpad Renovation Project, as completed in accordance with the Construction Contract; and
2. Authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Downtown Park Fountain Splashpad Renovation Project.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1N. APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 23B079 WITH WEST AVIATION SERVICES – SAN DIEGO DBA
SIERRA AVIATION GROUP FOR BAGGAGE RELOCATION AND
WAYFINDING ASSISTANCE SERVICES FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 4 – 1, to:
1. Approve Amendment No. 2 to Contract Services Agreement No. 23B079 with West Aviation Services - San Diego dba Sierra Aviation Group to add a supervisor position, establish overtime and holiday rates, define regular working hours and a holiday schedule, extend the term, and account for the annual Consumer Price Index (CPI) adjustment to increase compensation in the amount of
$1,498,422.50, for a revised not to exceed amount of
$3,608,422.50, for baggage relocation and wayfinding services at the Palm Springs International Airport.
B – Page 22 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 10
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.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto
NAYS: Mayor Pro Tem Ready
ABSTAIN: None
RECUSED: None
1O. APPROVE COOPERATIVE PURCHASE AGREEMENT 26C069 WITH
VERTOSOFT, LLC TO IMPLEMENT OPENGOV SOFTWARE
MANAGEMENT SOLUTIONS INCLUDING ENTERPRISE ASSET
MANAGEMENT, 311 CONSTITUENT RELATIONSHIP MANAGEMENT,
CODE ENFORCEMENT, AND PROCUREMENT & CONTRACT
MANAGEMENT
Motion by Councilmember deHarte, Second by Councilmember Garner, CARRIED 5 – 0, to:
1. Approve Cooperative Purchase Agreement 26C069 with Vertosoft, LLC, for the purchase and implementation of OpenGov software solutions and related professional services in an amount not to exceed $2,117,383.79 for a five-year term commencing on June 1, 2026, through May 31, 2031;
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
1P. APPROVE REQUEST FOR PROPOSALS/QUALIFICATIONS FOR ASNEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE PALM
SPRINGS POLICE DEPARTMENT AND ADOPT A RESOLUTION
AUTHORIZING THE ADVERTISEMENT AND SOLICITATION OF
RESPONSES
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
B – Page 23 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 11
1. Authorize staff to advertise and solicit responses for as-needed vehicle towing and storage services for the Palm Springs Police Department; and,
2. Adopt Resolution No. 25394 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
THE REQUEST FOR PROPOSALS/QUALIFICATIONS FOR THE
ROTATIONAL TOW PROGRAM, AUTHORIZING STAFF TO ADVERTISE
AND SOLICIT RESPONSES FOR THE PALM SPRINGS POLICE
DEPARTMENT.”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
2. PUBLIC HEARINGS:
2A. AB2561 EMPLOYEE VACANCIES AND RECRUITMENT AND
RETENTION EFFORTS
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Hold a public hearing and receive and file the annual report on the status of City vacancies, recruitment, and retention efforts, as required by Assembly Bill 2561.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
2B. APPLICATION BY SAGEWOOD HOMEOWNERS ASSOCIATION FOR
HISTORIC DISTRICT DESIGNATION OF SAGEWOOD
CONDOMINIUMS LOCATED SOUTH OF NORTH SUNRISE WAY AND
EAST VISTA CHINO, (APN 507-421-033) CASE: HSPB #166 / HD13 Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Open the public hearing and receive public testimony.
B – Page 24 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 12
2. Close the public hearing and adopt Resolution No. 25395 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING THE SAGEWOOD
CONDOMINIUMS LOCATED SOUTH OF NORTH SUNRISE WAY AND
EAST VISTA CHINO, (HSPB #166 / HD-13), SUBJECT TO
CONDITIONS, APN FOR ALL UNITS: 507-422-001 TO 507-422-076, 507-421-001 TO 507-421-032, AND 507-421-033”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
Claude Peck provided oral testimony.
2C. APPLICATION BY EICHOLZ SCOTT FAMILY TRUST FOR HISTORIC SITE DESIGNATION OF “THE SNYDER RESIDENCE” LOCATED AT
271 WEST MERITO PLACE, (APN 505-301-001) CASE: HSPB #176 Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. 25396 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING THE SNYDER RESIDENCE,
AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #176,
SUJECT TO CONDITIONS (APN 505-301-001).
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
Steve Vaught, Steve Scott, and Robert Eicholz provided oral testimony. 2D. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE
CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL
OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS
AND THE ALCAZAR PALM SPRINGS, LLC PURSUANT TO MUNICIPAL
B – Page 25 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 13
CODE CHAPTER 5.26 OF THE CITY’S HOTEL OPERATIONS
INCENTIVE PROGRAM
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:
1. Open the public hearing and receive public testimony.
2. Approve a Hotel Operations Covenant Agreement with Alcazar Palm Springs located at 622 N. Palm Canyon Drive, Palm Springs.
3. Authorize the City Manager and City Attorney to make nonsubstantive changes and execute all necessary documents related to the subsidy.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3. BUSINESS & LEGISLATIVE:
3A. PUBLIC MEETING TO ESTABLISH THE PALM SPRINGS TOURISM
INFRASTRUCTURE DISTRICT
Peggy Trott, PS Resorts Board Chair, and Gina Reid, Civitas Project Manager, and Mark Guire, Daily Strategies, provided a presentation. 3B. DISCUSSION OF CITY MAYORAL POSITION AND REPORT FROM AD
HOC SUBCOMMITTEE
No action.
PUBLIC COMMENT (Non-Agenda Items): None.
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 May 12, 2026, at 9:11 PM.
B – Page 26 of 1107
City Council Minutes May 12, 2026
City of Palm Springs (DRAFT) Page 14
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
B – Page 27 of 1107
(DRAFT MEETING MINUTES)
May 19, 2026
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was called to order by Mayor Soto on May 19, 2026, at 1:09 PM.
ROLL CALL:
Present: Councilmember Jeffrey Bernstein, Councilmember Ron deHarte, Councilmember Grace Garner, Mayor Naomi Soto
Absent: Mayor Pro Tem David Ready
City Staff
Present:
Brenda Pree, City Clerk, and Evelyn Beltran, Chief Deputy City Clerk, were present at Roll Call.
PUBLIC TESTIMONY (For Agenda Items Only):
Michael Joseph Pitkin provided oral testimony.
1. INTERVIEW AND APPOINT APPLICANTS TO THE HISTORIC SITE PRESERVATION BOARD, HUMAN RIGHTS COMMISSION, MEASURE "J"
OVERSIGHT COMMISSION, AND PLANNING COMMISSION
Motion by Councilmember deHarte, Second by Councilmember Garner, CARRIED 4 – 0, to:
1. Interview the applicants for the Historic Site Preservation Board, Human Rights Commission, Measure “J” Oversight Commission, and Planning Commission.
2. Historic Site Preservation Board:
a) Reappoint Jeffrey Herr and Kurt Bachman to the Historic Site Preservation Board for terms ending June 30, 2029.
b) Appoint Larry Yarchever to the Historic Site Preservation Board for a term ending June 30, 2029; and,
B – Page 28 of 1107
City Council Minutes May 19, 2026
City of Palm Springs (DRAFT) Page 2
c) Continue the appointment of the fourth vacant term (expiring June 30, 2029), to a future meeting in which a tie-breaking decision can be made.
3. Human Rights Commission:
a) Reappoint Beverly Greer, Bobby T. Rimas, and Carlotta Rinke to the Human Rights Commission for terms ending June 30, 2029. b) Appoint Sara Lilly, Frank McAlpin, and Rene Robles to the Human Rights Commission for terms ending June 30, 2029.
4. Measure “J” Oversight Commission:
a) Reappoint Jack Newby and Paul Travis to the Measure “J” Oversight Commission, as voting members, for terms ending June 30, 2029. b) Reappoint La Toya Thigpen and Peter Sipkins to the Measure “J” Oversight Commission for terms ending June 30, 2029.
c) Appoint John Laino and Colin Wright to the Measure “J” Oversight Commission for terms ending June 30, 2029.
d) Appoint Andrew Mellissinos to the Measure “J” Oversight Commission, as an alternate, for a term ending June 30, 2029.
e) Appoint Daniel Seymour to the Measure “J” Oversight Commission, as an alternate, for a term ending June 30, 2027.
5. Planning Commission:
a) Reappoint Carl Baker, David Murphy, and Robert Rotman to the Planning Commission for terms ending June 30, 2029.
The City Council reached consensus to propose an amendment to the existing Historic Site Preservation Board ordinance that would add an alternate member to the Historic Site Preservation Board.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto
NAYS: None
ABSTAIN: None
RECUSED: None
ADJOURNMENT:
The City Council adjourned the Special Meeting of May 19, 2026, at 5:13 PM.
B – Page 29 of 1107
City Council Minutes May 19, 2026
City of Palm Springs (DRAFT) Page 3
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
B – Page 30 of 1107
CITY COUNCIL STAFF REPORT
DATE: MAY 27, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PAYROLL & 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 03-28-26 and 04-11-26 TOTALING $5,645,802.35 AND ACCOUNTS PAYABLE WARRANTS DATED 03-26-26 and 04-09-26 TOTALING $11,207,429.64 IN THE AGGREGATE AMOUNT OF $16,853,231.99 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.
C – Page 31 of 1107
City Council Staff Report
May 27, 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 March 28, 2026
C. Payroll & Warrants Memo for PPE April 11, 2026
D. AP Check Reconciliation Register for March 26, 2026
E. AP Check Reconciliation Register for April 9, 2026
C – Page 32 of 1107
ATTACHMENT A
Resolution
C – Page 33 of 1107
Resolution No. _____
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 03-28-26 AND 04-11-26 TOTALING
$5,645,802.35 AND ACCOUNTS PAYABLE WARRANTS
DATED 03-26-26 AND 04-09-26 TOTALING $11,207,429.64
IN THE AGGREGATE AMOUNT OF $16,853,231.99
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 27TH DAY OF MAY 2026.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
C – Page 34 of 1107
Resolution No. _____
C – Page 35 of 1107
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 _______________________, 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
C – Page 36 of 1107
ATTACHMENT B
Payroll & Warrants Memo
for PPE March 28, 2026
C – Page 37 of 1107
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
TOTAL 2,793,098.60
DEFERRED COMP: NATIONWIDE 44,483.59
ICMA RHS CONTRIBUTION 33,937.50
CA DCCS 5,037.11
STATE TAXES 139,274.21
VENDOR WIRE PYMTS 6,334.11
DEFERRED COMP: ICMA 457 67,889.04
FEDERAL TAXES 400,242.86
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423279-423286 13,196.94
LIABILITY CHECK REGISTER 2030333-2030347 38,158.04
PAYROLL DIRECT DEPOSITS 2,044,545.20
PAY DATE 4/3/2026
May 27, 2026
PAYROLL PERIOD ENDING 3/28/2026
Attachment B - Payroll Wires & Warrants Memo for PPE March 28, 2026 | 052726 |5/11/2026 | 4:09 PM (AM) 1 | 1
C – Page 38 of 1107
ATTACHMENT C
Payroll & Warrants Memo
for PPE April 11, 2026
C – Page 39 of 1107
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
TOTAL 2,852,703.75
DEFERRED COMP: NATIONWIDE 44,368.59
ICMA RHS CONTRIBUTION 33,937.50
CA DCCS 4,840.10
STATE TAXES 142,394.30
VENDOR WIRE PYMTS 6,827.09
DEFERRED COMP: ICMA 457 70,114.04
FEDERAL TAXES 412,343.47
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423287,423289-423295 16,527.42
LIABILITY CHECK REGISTER 2030508-2030522 38,282.73
PAYROLL DIRECT DEPOSITS 2,083,068.51
PAY DATE 4/17/2026
May 27, 2026
PAYROLL PERIOD ENDING 4/11/2026
Attachment C - Payroll Wires & Warrants Memo for PPE April 11, 2026 | 052726 (2) |5/11/2026 | 4:17 PM (AM) 1 | 1
C – Page 40 of 1107
ATTACHMENT D
AP Check Reconciliation
Register for March 26, 2026
C – Page 41 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 03/26/2026 14:26
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2029997 03/26/2026 PRINTED 100824 15000 INC 1,140.00
2029998 03/26/2026 PRINTED 100555 4IMPRINT 3,321.52
2029999 03/26/2026 PRINTED 104375 4LEAF INC 3,920.00
2030000 03/26/2026 PRINTED 101208 ABM AVIATION INC 89,760.38 2030001 03/26/2026 PRINTED 104726 ACCENTURE LLP 137,362.50 2030002 03/26/2026 PRINTED 100024 ACE PRINTING 120.18
2030003 03/26/2026 PRINTED 101215 ADB SAFEGATE AMERICAS 34,590.08 2030004 03/26/2026 PRINTED 100390 ADDICTION MEDICINE CONSUL 447.60 2030005 03/26/2026 PRINTED 101814 ADLERHORST INTERNATIONAL 484.00 2030006 03/26/2026 PRINTED 100292 ADMINSURE INC 20,799.00 2030007 03/26/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 1,868.75 2030008 03/26/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 5,678.13 2030009 03/26/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 3,521.88 2030010 03/26/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 1,581.25 2030011 03/26/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 575.00 2030012 03/26/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 4,707.81 2030013 03/26/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 2,156.25 2030014 03/26/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 4,743.75 2030015 03/26/2026 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 2,847.25 2030016 03/26/2026 PRINTED 016113 AUSTIN ALEXANDER 1,500.00 2030017 03/26/2026 PRINTED 100053 ALLIED REFRIGERATION INC 2,688.07 2030018 03/26/2026 PRINTED 100572 AMAZON COM 629.25
2030019 03/26/2026 PRINTED 103781 AMAZON.COM SALES INC 4,946.09 2030020 03/26/2026 PRINTED 100288 AMERICAN ASPHALT SOUTH IN 1,214,556.81 2030021 03/26/2026 PRINTED 100383 AMERICAN FORENSIC NURSES 2,664.00 2030022 03/26/2026 PRINTED 105147 AMERIFLEX 874.25
2030023 03/26/2026 PRINTED 104496 AQUATECH WATER SYSTEMS IN 472.00 2030024 03/26/2026 PRINTED 100879 ARCCOPS 300.00
2030025 03/26/2026 PRINTED 015635 ARTURO ARGUMEDO 426.80 2030026 03/26/2026 PRINTED 104905 ASM CONSULTING & INVESTIG 5,948.25 2030027 03/26/2026 PRINTED 103384 AVIATRIX COMMUNICATIONS 1,750.00 2030028 03/26/2026 PRINTED 101345 LUIS AZARCOYA 425.00
2030029 03/26/2026 PRINTED 105302 JAKE BACHMAN 1,250.00 2030030 03/26/2026 PRINTED 100203 BARBARA SINATRA CHILDRENS 100.00 2030031 03/26/2026 PRINTED 016776 JAMES BARQUERA 1,313.12 2030032 03/26/2026 PRINTED 104386 BERG AND ASSOCIATES INC 67,469.39 2030033 03/26/2026 PRINTED 100020 BEST BEST & KRIEGER 311,364.13 2030034 03/26/2026 PRINTED 015894 SCOTT BIEGEN 61.84
2030035 03/26/2026 PRINTED 105168 BIRD ROCK SYSTEMS INC 24,599.60 2030036 03/26/2026 PRINTED 015789 LAUREN BIXLER 7,514.63 2030037 03/26/2026 PRINTED 101696 BLACK AND WHITE EMERGENCY 11,505.12 2030038 03/26/2026 PRINTED 016640 JOHN BRICKLEY 169.66
2030039 03/26/2026 PRINTED 104371 BUBBLES CARPET CLEANING L 5,390.00 2030040 03/26/2026 PRINTED 015950 DANNY BUDUAN 995.60
2030041 03/26/2026 PRINTED 016515 ERICK BURNS 217.00
2030042 03/26/2026 PRINTED 105645 LISA MARIE CALDERA 59.00 2030043 03/26/2026 PRINTED 100070 CALIFORNIA ASSOCIATION FO 4,250.00 2030044 03/26/2026 PRINTED 016603 MEGAN CAMPE 6.96
2030045 03/26/2026 PRINTED 016096 ANGELA CANNADY 59.00
2030046 03/26/2026 PRINTED 101193 CANYON COPY AND PRINT 4,539.39 2030047 03/26/2026 PRINTED 100551 CAPIO 80.00
2030048 03/26/2026 PRINTED 103633 CARAHSOFT TECHNOLOGY CORP 33,800.59
C – Page 42 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 03/26/2026 14:26
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030049 03/26/2026 PRINTED 105635 ERIC CARLOS 65.00
2030050 03/26/2026 PRINTED 101837 CASC ENGINEERING AND CONS 5,845.00 2030051 03/26/2026 PRINTED 103619 CHANDLER ASSET MANAGEMENT 14,541.21 2030052 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 300.00 2030053 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 2,000.00 2030054 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2030055 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2030056 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 3,251.21 2030057 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 281.38 2030058 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2030059 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 229.99 2030060 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2030061 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2030062 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 171.36 2030063 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2030064 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,288.88 2030065 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2030066 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2030067 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2030068 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2030069 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2030070 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 130.00 2030071 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2030072 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 130.00 2030073 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2030074 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 554.88 2030075 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 219.82 2030076 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 270.00 2030077 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 270.00 2030078 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,200.00 2030079 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 598.41 2030080 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,200.00 2030081 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 150.00 2030082 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 166.72 2030083 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 307.83 2030084 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 319.99 2030085 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 110.00 2030086 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 406.72 2030087 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 2,426.72 2030088 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,222.40 2030089 03/26/2026 PRINTED 100353 CHARTER COMMUNICATIONS 233.78 2030090 03/26/2026 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 86.66 2030091 03/26/2026 PRINTED 105174 CLIFTONLARSONALLEN LLP 33,095.85 2030092 03/26/2026 PRINTED 105340 DESERT COMMUNITY COLLEGE 1,655.00 2030093 03/26/2026 PRINTED 100928 COLANTUONO HIGHSMITH AND 1,260.00 2030094 03/26/2026 PRINTED 010269 ANNJOHNETTE COLLINS 333.56 2030095 03/26/2026 PRINTED 105370 CONVENTIONAL WISDOM CORP 11,092.50 2030096 03/26/2026 PRINTED 016170 SEAN CORBIN 68.88
2030097 03/26/2026 PRINTED 016767 JOSE CORIA 171.10
2030098 03/26/2026 PRINTED 101598 CORODATA RECORDS MANAGEME 75.21 2030099 03/26/2026 PRINTED 100205 NANCY K BOHL INC 3,550.88 2030100 03/26/2026 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 10,016.00
C – Page 43 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 03/26/2026 14:26
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030101 03/26/2026 PRINTED 100196 COUNTY OF RIVERSIDE 12,930.90 2030102 03/26/2026 PRINTED 015642 MATTHEW CRAMPTON 5,751.34 2030103 03/26/2026 PRINTED 010915 JARVIS CRAWFORD 67.87 2030104 03/26/2026 PRINTED 105644 TERESA CURTIS 41.00
2030105 03/26/2026 PRINTED 105633 PHILLIP CYR 65.00
2030106 03/26/2026 PRINTED 100318 DATA TICKET INC 4,362.64 2030107 03/26/2026 PRINTED 105020 DATAPILOT INC 1,590.00 2030108 03/26/2026 PRINTED 104952 DATASTREAM TECHNOLOGY CON 14,385.66 2030109 03/26/2026 PRINTED 100179 DAVES TOWING SERVICE 1,510.00 2030110 03/26/2026 PRINTED 105634 BRAD DELAIR 15.00
2030111 03/26/2026 PRINTED 101281 DELTA DENTAL INSURANCE CO 149.10 2030112 03/26/2026 PRINTED 100378 STATE OF CA, DEPARTMENT 7,500.00 2030113 03/26/2026 PRINTED 103589 DESERT ARC 688.15
2030114 03/26/2026 PRINTED 100117 DESERT ELECTRIC SUPPLY 2,232.20 2030115 03/26/2026 PRINTED 100048 DESERT FIRE EXTINGUISHER 3,902.63 2030116 03/26/2026 PRINTED 100580 DESERT PROMOTIONAL EMBROI 8,771.68 2030117 03/26/2026 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 3,582.86 2030118 03/26/2026 PRINTED 104812 DIGITALRADIUS 1,012.50 2030119 03/26/2026 PRINTED 101227 DISCOUNT TWO-WAY RADIO CO 3,296.07 2030120 03/26/2026 PRINTED 100254 DOKKEN ENGINEERING 17,434.55 2030121 03/26/2026 PRINTED 100393 GERGIS YOUSEF 1,352.61 2030122 03/26/2026 PRINTED 100984 DTPS C-15 LLC 3,477.83 2030123 03/26/2026 PRINTED 016722 CHRIS DUARTE 2,002.40 2030124 03/26/2026 PRINTED 016739 TRISTAN DUNCAN 756.96 2030125 03/26/2026 PRINTED 100054 DESERT WATER AGENCY 2,955.93 2030126 03/26/2026 PRINTED 100054 DESERT WATER AGENCY 28,433.09 2030127 03/26/2026 PRINTED 100054 DESERT WATER AGENCY 3,434.05 2030128 03/26/2026 PRINTED 100054 DESERT WATER AGENCY 6,825.73 2030129 03/26/2026 PRINTED 104000 ECH TOOLS LLC (MATCO TOOL 13,758.72 2030130 03/26/2026 PRINTED 105646 ECHELON FRONT LLC 14,595.00 2030131 03/26/2026 PRINTED 100305 EISENHOWER MEDICAL CENTER 4,000.00 2030132 03/26/2026 PRINTED 100750 ELM USA INC 245.67
2030133 03/26/2026 PRINTED 104203 EMD CONSTRUCTION INC 57,206.45 2030134 03/26/2026 PRINTED 100601 ERGOMETRICS 18,029.47 2030135 03/26/2026 PRINTED 105642 DENNIS ESHELMAN 31.00 2030136 03/26/2026 PRINTED 100300 ENVIRONMENTAL SYSTEMS RES 49,369.50 2030137 03/26/2026 PRINTED 016020 ERIK FERNANDEZ 958.64 2030138 03/26/2026 PRINTED 103451 FIESTA FORD INC 49,192.47 2030139 03/26/2026 PRINTED 105298 FIRST AMERICAN DATA CO LL 4,117.23 2030140 03/26/2026 PRINTED 016230 SARAH FISHKETA 45.00
2030141 03/26/2026 PRINTED 101194 FLEX ADVANTAGE 687.75 2030142 03/26/2026 PRINTED 104587 FOLLETT HIGHER EDUCATION 2,120.63 2030143 03/26/2026 PRINTED 015995 BRENT FRANCIS 1,500.00 2030144 03/26/2026 PRINTED 104699 FRASCA AND ASSOCIATES LLC 11,175.00 2030145 03/26/2026 PRINTED 100395 FRIENDS OF THE PALM SPRIN 1,441.00 2030146 03/26/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 105.75 2030147 03/26/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 877.72 2030148 03/26/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2030149 03/26/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2030150 03/26/2026 PRINTED 101683 FS.COM INC 2,141.30
2030151 03/26/2026 PRINTED 103920 FUEL PROS INC 250.00
2030152 03/26/2026 PRINTED 100174 G/M BUSINESS INTERIORS 4,266.78
C – Page 44 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 03/26/2026 14:26
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030153 03/26/2026 PRINTED 016363 TERESA GALLAVAN 338.50 2030154 03/26/2026 PRINTED 105639 ALAN GALLIVAN 209.00
2030155 03/26/2026 PRINTED 100158 GALLS LLC 2,786.37
2030156 03/26/2026 PRINTED 016236 RICKEY GANDHI 461.25
2030157 03/26/2026 PRINTED 105636 SEAN GASKELL 575.00
2030158 03/26/2026 PRINTED 100724 BGF LLC 6,000.00
2030159 03/26/2026 PRINTED 105263 GELATO A GO GO LLC 750.00 2030160 03/26/2026 PRINTED 100169 GENSLER 160.85
2030161 03/26/2026 PRINTED 016766 NELSON GONZALEZ-HERNANDEZ 2,002.40 2030162 03/26/2026 PRINTED 105453 GOSEETELL NETWORK INC 30,414.00 2030163 03/26/2026 PRINTED 101733 GRAINGER 5,975.13
2030164 03/26/2026 PRINTED 104516 GROUP 4 ARCHITECTURE RESE 38,390.42 2030165 03/26/2026 PRINTED 016554 DEAN GRUBL 234.97
2030166 03/26/2026 PRINTED 105601 GRUNFELD DESIDERIO LEBOWI 5,000.00 2030167 03/26/2026 PRINTED 016307 JEREMY HAMMOND 434.08 2030168 03/26/2026 PRINTED 101343 HARRIS AND ASSOCIATES INC 100,282.15 2030169 03/26/2026 PRINTED 104383 HD SUPPLY INC 6,478.59 2030170 03/26/2026 PRINTED 103912 HERC RENTALS INC 1,106.85 2030171 03/26/2026 PRINTED 016684 SEAN HINTON 329.93
2030172 03/26/2026 PRINTED 100382 HOME DEPOT USA INC 755.78 2030173 03/26/2026 PRINTED 100483 INFOSAT 239.81
2030174 03/26/2026 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 3,441.00 2030175 03/26/2026 PRINTED 103170 CONTROLTOUCH SYSTEMS LLC 17,321.57 2030176 03/26/2026 PRINTED 100119 INTERACTIVE DESIGN CORPOR 13,414.75 2030177 03/26/2026 PRINTED 104298 INTERVISTAS CONSULTING US 52,577.03 2030178 03/26/2026 PRINTED 101727 IRON MOUNTAIN 3,010.35 2030179 03/26/2026 PRINTED 105142 IT1 CONSULTING LLC 476.88 2030180 03/26/2026 PRINTED 101364 IT1 SOURCE LLC 580.26 2030181 03/26/2026 PRINTED 105649 HERMES JEROME 41.00
2030182 03/26/2026 PRINTED 103751 JOBELEPHANT.COM INC 694.95 2030183 03/26/2026 PRINTED 105643 SYDNEY R KALEF 31.00
2030184 03/26/2026 PRINTED 101510 KC'S LAWNMOWER SHOP LLC 108.99 2030185 03/26/2026 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 78,076.58 2030186 03/26/2026 PRINTED 101606 KINCAID INDUSTRIES INC 3,539.27 2030187 03/26/2026 PRINTED 105637 KJT LAW GROUP LLP AND JEN 190,000.00 2030188 03/26/2026 PRINTED 105468 KRGS ROOFING INC 29,752.21 2030189 03/26/2026 PRINTED 100127 L N CURTIS AND SONS 2,779.32 2030190 03/26/2026 PRINTED 016217 STEPHANIE LAING 25.09 2030191 03/26/2026 PRINTED 101225 LAZ PARKING CALIFORNIA LL 26,154.25 2030192 03/26/2026 PRINTED 101713 LESAR DEVELOPMENT CONSULT 83,734.49 2030193 03/26/2026 PRINTED 100332 LIEBERT CASSIDY WHITMORE 42,515.50 2030194 03/26/2026 PRINTED 103753 LIFE INSURANCE COMPANY OF 54,424.89 2030195 03/26/2026 PRINTED 101260 THE LLOYD PEST CONTROL 1,513.00 2030196 03/26/2026 PRINTED 101309 LNRS DATA SERVICES INC. 2,020.75 2030197 03/26/2026 PRINTED 103966 LOWES COMPANIES INC 3,582.41 2030198 03/26/2026 PRINTED 016781 MIGUEL LUNA JR 776.32 2030199 03/26/2026 PRINTED 016792 RUTH LUNA 776.32
2030200 03/26/2026 PRINTED 103726 LY ENVIRONMENTAL INC 1,800.00 2030201 03/26/2026 PRINTED 105581 LYNGSOE SYSTEMS INC 4,188.65 2030202 03/26/2026 PRINTED 105084 TERRY DEAN MADORY 330.00 2030203 03/26/2026 PRINTED 011071 MICHAEL MAIDMENT 161.00 2030204 03/26/2026 PRINTED 100849 MANSFIELD POWER AND GAS L 20,735.17
C – Page 45 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 03/26/2026 14:26
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030205 03/26/2026 PRINTED 016566 MARCIO MATIAS 908.93
2030206 03/26/2026 PRINTED 010953 SHERYL MCMICHAEL 16.46 2030207 03/26/2026 PRINTED 103492 ANTHONY LUCCI 800.00
2030208 03/26/2026 PRINTED 104365 MEDIWASTE DISPOSAL LLC 50.00 2030209 03/26/2026 PRINTED 101798 MIDWEST TAPE INC 2,485.05 2030210 03/26/2026 PRINTED 103926 MUNICIPAL INFORMATION SYS 2,250.00 2030211 03/26/2026 PRINTED 105632 ERIK MITCHELL 65.00
2030212 03/26/2026 PRINTED 105653 CLEMENT MOK 50,000.00 2030213 03/26/2026 PRINTED 105584 MONTAGE AGENCY LLC 1,500.00 2030214 03/26/2026 PRINTED 101855 MOTOWORX GARAGE 3,244.54 2030215 03/26/2026 PRINTED 104922 MAURO P GARCIA 7,668.47 2030216 03/26/2026 PRINTED 100765 MUNISERVICES / AVENU INSI 6,533.74 2030217 03/26/2026 PRINTED 015603 YRENE NAVARRO 69.02
2030218 03/26/2026 PRINTED 101453 NETFILE INC 4,750.00
2030219 03/26/2026 PRINTED 103824 NEUMO RECORDS LLC 7,725.01 2030220 03/26/2026 PRINTED 105014 8540527 CANADA INC 89,800.00 2030221 03/26/2026 PRINTED 103572 NV5 INC 25,219.50
2030222 03/26/2026 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,318.73 2030223 03/26/2026 PRINTED 104556 SAVE OSWIT CANYON INC 58,500.00 2030224 03/26/2026 PRINTED 101742 OVERDRIVE INC 10,000.00 2030225 03/26/2026 PRINTED 105470 GLOBAL SPECTRUM LP 36,016.09 2030226 03/26/2026 PRINTED 016680 DANIEL PAJONK 169.23
2030227 03/26/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2030228 03/26/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,976.74 2030229 03/26/2026 PRINTED 100003 PALM SPRINGS DISPOSAL SER 292.78 2030230 03/26/2026 PRINTED 100133 PALM SPRINGS MOTORS 32,000.00 2030231 03/26/2026 PRINTED 101728 PALM SPRINGS WATER SYSTEM 572.40 2030232 03/26/2026 PRINTED 101728 PALM SPRINGS WATER SYSTEM 190.80 2030233 03/26/2026 PRINTED 101516 PHOTOS BY LANI 1,300.00 2030234 03/26/2026 PRINTED 105188 PISTONBONES PRINTING 278.59 2030235 03/26/2026 PRINTED 105011 PITNEY BOWES GLOBAL FINAN 487.43 2030236 03/26/2026 PRINTED 105015 THE PITNEY BOWES BANK 145.07 2030237 03/26/2026 PRINTED 105053 PRECISION GARAGE DOORS AN 3,050.00 2030238 03/26/2026 PRINTED 101674 PROCAST PRODUCTS INC 513.48 2030239 03/26/2026 PRINTED 101292 PROFESSIONAL MEDICAL WARE 2,606.36 2030240 03/26/2026 PRINTED 101767 PROFORMA SOCAL 211.44 2030241 03/26/2026 PRINTED 100596 PROPER SOLUTIONS INC 13,947.65 2030242 03/26/2026 PRINTED 104324 PALM SPRINGS PUBLIC LIBRA 14,400.00 2030243 03/26/2026 PRINTED 100654 PS RESORTS 99,890.78
2030244 03/26/2026 PRINTED 101253 PYE BARKER / FIRE PROTECT 1,325.50 2030245 03/26/2026 PRINTED 103563 PYRO-COMM SYSTEMS INC 140.00 2030246 03/26/2026 PRINTED 101642 QUENCH USA INC 327.66 2030247 03/26/2026 PRINTED 105600 QVC INC 10,000.00
2030248 03/26/2026 PRINTED 101230 R S AND H CALIFORNIA INC 5,547.30 2030249 03/26/2026 PRINTED 016789 MANDY RAINEY 776.32
2030250 03/26/2026 PRINTED 016651 JESUS FERNANDO RAMIREZ-AL 20.23 2030251 03/26/2026 PRINTED 016779 BRIAN RAMIREZ-ALVARA 776.32 2030252 03/26/2026 PRINTED 101629 THE RAMSAY GROUP 6,900.00 2030253 03/26/2026 PRINTED 100076 RIVERSIDE CTY LAW ENFORCE 350.00 2030254 03/26/2026 PRINTED 105493 RESOURCE ENVIRONMENTAL IN 325,978.47 2030255 03/26/2026 PRINTED 105641 LAW OFFICES OF MICHAEL R 120,000.00 2030256 03/26/2026 PRINTED 105380 RIVCO MECHANICAL SERVICES 23,923.50
C – Page 46 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 03/26/2026 14:26
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030257 03/26/2026 PRINTED 100501 RIVERSIDE COUNTY TREASURE 6,034.06 2030258 03/26/2026 PRINTED 100086 RIVERSIDE COMMUNITY COLLE 11,178.00 2030259 03/26/2026 PRINTED 102760 RIVERSIDE CONSTRUCTION CO 295,369.26 2030260 03/26/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 198.00 2030261 03/26/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2030262 03/26/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2030263 03/26/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2030264 03/26/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2030265 03/26/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2030266 03/26/2026 PRINTED 103678 ROADRUNNER PRINTING AND S 1,376.55 2030267 03/26/2026 PRINTED 016056 JARED ROGERS 461.25
2030268 03/26/2026 PRINTED 015021 ROSA ROMO 49.17
2030269 03/26/2026 PRINTED 105650 JEAN SACLASUO 53.00
2030270 03/26/2026 PRINTED 016275 JONATHAN SAMANIEGO 249.73 2030271 03/26/2026 PRINTED 104059 SAME DAY EXPRESS LLC 5,785.75 2030272 03/26/2026 PRINTED 015943 GREGORY SANCHEZ 1,500.00 2030273 03/26/2026 PRINTED 101542 SC COMMERCIAL 42,980.99 2030274 03/26/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 479.44 2030275 03/26/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 160.52 2030276 03/26/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 26.71 2030277 03/26/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 204.17 2030278 03/26/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 36,302.45 2030279 03/26/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 529.11 2030280 03/26/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,151.78 2030281 03/26/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 33,349.32 2030282 03/26/2026 PRINTED 103164 SCP DISTRIBUTORS LLC 1,011.76 2030283 03/26/2026 PRINTED 100435 THE SHREDDERS 118.00
2030284 03/26/2026 PRINTED 100245 SIGN A RAMA 5,969.06
2030285 03/26/2026 PRINTED 105648 DANIEL SMITH 35.00
2030286 03/26/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 44.42 2030287 03/26/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 6,729.01 2030288 03/26/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 33,961.37 2030289 03/26/2026 PRINTED 101822 SO CAL LAND MAINTENANCE I 17,714.97 2030290 03/26/2026 PRINTED 101677 SOCAL PPE LLC 1,405.81 2030291 03/26/2026 PRINTED 104441 SOUTHSTAR ENGINEERING AND 20,412.50 2030292 03/26/2026 PRINTED 104309 SOUTHWEST BOULDER AND STO 1,348.40 2030293 03/26/2026 PRINTED 105631 SUSAN ST LOUIS 681.75 2030294 03/26/2026 PRINTED 104878 SVT FLEET LLC 85,525.38 2030295 03/26/2026 PRINTED 016158 TYLER TEAGUE 461.25
2030296 03/26/2026 PRINTED 100900 TERRA NOVA PLANNING AND R 65,828.77 2030297 03/26/2026 PRINTED 101852 TESLA ENERGY OPERATIONS I 5,367.20 2030298 03/26/2026 PRINTED 101852 TESLA ENERGY OPERATIONS I 5,754.20 2030299 03/26/2026 PRINTED 100031 TOPS N BARRICADES INC 2,300.00 2030300 03/26/2026 PRINTED 104308 WS CHIEF CORNERSTONE INC 11,005.00 2030301 03/26/2026 PRINTED 100335 TOUCH SCREEN CENTERS DESE 3,800.00 2030302 03/26/2026 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 7,000.00 2030303 03/26/2026 PRINTED 101391 TRANSUNION RISK AND ALTER 500.00 2030304 03/26/2026 PRINTED 105290 TRIPEPI SMITH AND ASSOCIA 611.25 2030305 03/26/2026 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 1,250.00 2030306 03/26/2026 PRINTED 100386 U S CUSTOMS SERVICE 4,686.05 2030307 03/26/2026 PRINTED 104834 UNIFIRST CORPORATION 1,328.67 2030308 03/26/2026 PRINTED 100114 UNITED RENTALS 5,112.64
C – Page 47 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 03/26/2026 14:26
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030309 03/26/2026 PRINTED 104368 UNIVERSAL GREEN LLC 56,870.00 2030310 03/26/2026 PRINTED 016737 JULIO URIBE 756.96
2030311 03/26/2026 PRINTED 100295 US BANK CORPORATE PAYMENT 177,733.30 2030312 03/26/2026 PRINTED 015437 NANCY VALDIVIA 57.49
2030313 03/26/2026 PRINTED 100200 VALLEY LOCK AND SAFE 11,321.94 2030314 03/26/2026 PRINTED 105608 VARI SALES CORPORATION 226.14 2030315 03/26/2026 PRINTED 105328 VECTOR FLEET MANAGEMENT L 588,945.77 2030316 03/26/2026 PRINTED 100267 VEOLIA WATER NORTH AMERIC 1,306,533.96 2030317 03/26/2026 PRINTED 104034 VERDE FACILITIES SERVICES 76,656.72 2030318 03/26/2026 PRINTED 100144 VERIZON WIRELESS 2,771.55 2030319 03/26/2026 PRINTED 100144 VERIZON WIRELESS 8,957.30 2030320 03/26/2026 PRINTED 100144 VERIZON WIRELESS 15,452.33 2030321 03/26/2026 PRINTED 104950 VETERANS COMMUNICATION SE 15,293.54 2030322 03/26/2026 PRINTED 105089 VETERANS HIGH RISK SECURI 44,736.03 2030323 03/26/2026 PRINTED 016790 MATEO VILLEGAS 776.32 2030324 03/26/2026 PRINTED 100050 VISION SERVICE PLAN 7,018.66 2030325 03/26/2026 PRINTED 105063 VIVID ACCENT PAINTING CO 139,950.00 2030326 03/26/2026 PRINTED 015525 JULIE WARREN 24.07
2030327 03/26/2026 PRINTED 100156 WAXIE SANITARY SUPPLY 4,867.41 2030328 03/26/2026 PRINTED 100222 WEST COAST ARBORISTS INC 53,237.98 2030329 03/26/2026 PRINTED 101680 WEST COAST CODE CONSULTAN 16,539.75 2030330 03/26/2026 PRINTED 100223 WILLIAMS SCOTSMAN INC 453.60 2030331 03/26/2026 PRINTED 101388 WON-DOOR CORPORATION 577.00 2030332 03/26/2026 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,661.37 336 CHECKS CASH ACCOUNT TOTAL 7,609,290.65 .00
C – Page 48 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 03/26/2026 14:26
User: AnaF
Program ID: apchkrcn
UNCLEARED CLEARED
336 CHECKS FINAL TOTAL 7,609,290.65 .00
** END OF REPORT - Generated by Ana Fisher **
C – Page 49 of 1107
ATTACHMENT E
AP Check Reconciliation
Register for April 9, 2026
C – Page 50 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 04/09/2026 12:29
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030348 04/09/2026 PRINTED 104488 AIRPORT ONE LLC 28,000.00 2030349 04/09/2026 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 907.50 2030350 04/09/2026 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 11,698.75 2030351 04/09/2026 PRINTED 100925 ALCAZAR PALM SPRINGS LLC 55,340.78 2030352 04/09/2026 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 5,940.47 2030353 04/09/2026 PRINTED 105013 APTAERO INC 3,100.00
2030354 04/09/2026 PRINTED 105325 AT&T MOBILITY LLC 488.88 2030355 04/09/2026 PRINTED 016480 BERNSTEIN JEFFREY 143.63 2030356 04/09/2026 PRINTED 101696 BLACK AND WHITE EMERGENCY 17,814.38 2030357 04/09/2026 PRINTED 105300 BLUETRITON BRANDS INC 2,289.38 2030358 04/09/2026 PRINTED 104371 BUBBLES CARPET CLEANING L 3,974.00 2030359 04/09/2026 PRINTED 101203 BUREAU VERITAS NORTH AMER 2,210.00 2030360 04/09/2026 PRINTED 103604 CAROLLO ENGINEERS INC 32,544.04 2030361 04/09/2026 PRINTED 016293 VICTORIA CARPENTER 4,767.14 2030362 04/09/2026 PRINTED 016155 JAVIER CARRILLO 330.00 2030363 04/09/2026 PRINTED 104925 CERAGON NETWORKS INC 31,621.60 2030364 04/09/2026 PRINTED 105656 ROSALIE CLEMENTS 95.76 2030365 04/09/2026 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 52,200.00 2030366 04/09/2026 PRINTED 100088 COUNTY OF RIVERSIDE 14,184.76 2030367 04/09/2026 PRINTED 100196 COUNTY OF RIVERSIDE 10,000.00 2030368 04/09/2026 PRINTED 100751 COUNTY OF RIVERSIDE EMD 8,645.70 2030369 04/09/2026 PRINTED 100007 CPS HUMAN RESOURCE SERVIC 419.75 2030370 04/09/2026 PRINTED 010915 JARVIS CRAWFORD 36.11 2030371 04/09/2026 PRINTED 100490 COACHELLA VALLEY CONSERVA 30,650.40 2030372 04/09/2026 PRINTED 100318 DATA TICKET INC 1,342.55 2030373 04/09/2026 PRINTED 104952 DATASTREAM TECHNOLOGY CON 23,838.77 2030374 04/09/2026 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 1,007.00 2030375 04/09/2026 PRINTED 104356 BELL LOFTS LLC 69,231.34 2030376 04/09/2026 PRINTED 103589 DESERT ARC 96.30
2030377 04/09/2026 PRINTED 100117 DESERT ELECTRIC SUPPLY 3,362.47 2030378 04/09/2026 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 475.13 2030379 04/09/2026 PRINTED 016209 JORGE DIAZ 78.55
2030380 04/09/2026 PRINTED 100254 DOKKEN ENGINEERING 3,942.73 2030381 04/09/2026 PRINTED 105430 DUFFERIN CONSULTING SOLUT 13,365.00 2030382 04/09/2026 PRINTED 100054 DESERT WATER AGENCY 58,373.27 2030383 04/09/2026 PRINTED 100054 DESERT WATER AGENCY 19,388.50 2030384 04/09/2026 PRINTED 100054 DESERT WATER AGENCY 3,580.18 2030385 04/09/2026 PRINTED 104203 EMD CONSTRUCTION INC 3,419.00 2030386 04/09/2026 PRINTED 101775 ENVISIONWARE INC. 1,207.50 2030387 04/09/2026 PRINTED 103708 EPLUS TECHNOLOGY INC 17,084.75 2030388 04/09/2026 PRINTED 105658 KENNETH ERKE 50,000.00 2030389 04/09/2026 PRINTED 105615 JASMINE FIELDS 50.60
2030390 04/09/2026 PRINTED 103451 FIESTA FORD INC 109,497.85 2030391 04/09/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 81.68 2030392 04/09/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 105.75 2030393 04/09/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,126.87 2030394 04/09/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 8,791.12 2030395 04/09/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 3,042.89 2030396 04/09/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 501.05 2030397 04/09/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 877.72 2030398 04/09/2026 PRINTED 105454 BRUCE E MIHELICH INC 5,936.66 2030399 04/09/2026 PRINTED 101470 GA TECHNICAL SERVICES INC 8,358.28
C – Page 51 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 04/09/2026 12:29
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030400 04/09/2026 PRINTED 016363 TERESA GALLAVAN 44.00 2030401 04/09/2026 PRINTED 100742 THE GREATER COACHELLA VAL 360.00 2030402 04/09/2026 PRINTED 101958 CORINNE GRISWOLD 195.59 2030403 04/09/2026 PRINTED 100169 GENSLER 79,568.71
2030404 04/09/2026 PRINTED 105162 GLOBAL BUILDERS INC 65,054.87 2030405 04/09/2026 PRINTED 016452 JACOB GONZALEZ 1,284.62 2030406 04/09/2026 PRINTED 016678 NICHOLAS GONZALEZ 330.66 2030407 04/09/2026 PRINTED 016033 DENISE GOOLSBY 308.62 2030408 04/09/2026 PRINTED 105453 GOSEETELL NETWORK INC 42,464.00 2030409 04/09/2026 PRINTED 101733 GRAINGER 11,158.13
2030410 04/09/2026 PRINTED 100313 GRANICUS INC 23,034.00 2030411 04/09/2026 PRINTED 100681 GREATER PALM SPRINGS PRID 70,000.00 2030412 04/09/2026 PRINTED 100564 HARRELL AND COMPANY ADVIS 44,101.00 2030413 04/09/2026 PRINTED 104383 HD SUPPLY INC 10,005.87 2030414 04/09/2026 PRINTED 102960 HI GRADE MATERIALS CO 1,081.06 2030415 04/09/2026 PRINTED 105222 HI LITE AIRFIELD SERVICES 100,000.00 2030416 04/09/2026 PRINTED 101795 HIGHERGROUND INC 8,450.00 2030417 04/09/2026 PRINTED 016732 JASON HODGES 1,446.24 2030418 04/09/2026 PRINTED 100382 HOME DEPOT USA INC 1,988.91 2030419 04/09/2026 PRINTED 100110 INTERNATIONAL ASSOCIATION 220.00 2030420 04/09/2026 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 4,445.64 2030421 04/09/2026 PRINTED 100119 INTERACTIVE DESIGN CORPOR 43,816.50 2030422 04/09/2026 PRINTED 104298 INTERVISTAS CONSULTING US 35,728.30 2030423 04/09/2026 PRINTED 105172 KAPLAN KIRSCH LLP 2,760.00 2030424 04/09/2026 PRINTED 101510 KC'S LAWNMOWER SHOP LLC 939.94 2030425 04/09/2026 PRINTED 104269 MEAD AND HUNT INC 1,642.33 2030426 04/09/2026 PRINTED 100079 MOHICA TOWING 450.00
2030427 04/09/2026 PRINTED 016389 KRISTOPHER MOONEY 171.70 2030428 04/09/2026 PRINTED 104922 MAURO P GARCIA 27,074.04 2030429 04/09/2026 PRINTED 101211 NAI CONSULTING 21,332.53 2030430 04/09/2026 PRINTED 100417 NI GOVERNMENT SERVICES IN 315.63 2030431 04/09/2026 PRINTED 016091 JESUS NIETO 303.25
2030432 04/09/2026 PRINTED 103900 ODP BUSINESS SOLUTIONS 2,166.87 2030433 04/09/2026 PRINTED 105470 GLOBAL SPECTRUM LP 191,663.75 2030434 04/09/2026 PRINTED 105470 GLOBAL SPECTRUM LP 83,333.33 2030435 04/09/2026 PRINTED 100282 PACIFIC PRODUCTS AND SERV 22,753.81 2030436 04/09/2026 PRINTED 105657 PALM SPRINGS MODERN CONST 800.00 2030437 04/09/2026 PRINTED 100599 PALM SPRINGS ART MUSEUM 91,575.00 2030438 04/09/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,976.74 2030439 04/09/2026 PRINTED 101738 PALM SPRINGS POWER BASEBA 3,500.00 2030440 04/09/2026 PRINTED 105053 PRECISION GARAGE DOORS AN 3,075.00 2030441 04/09/2026 PRINTED 105198 PRESIDIO NETWORKED SOLUTI 29,376.00 2030442 04/09/2026 PRINTED 100596 PROPER SOLUTIONS INC 7,337.97 2030443 04/09/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2030444 04/09/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2030445 04/09/2026 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 37,128.00 2030446 04/09/2026 PRINTED 105032 RPMAYER AND ASSOCIATES LL 2,137.50 2030447 04/09/2026 PRINTED 101542 SC COMMERCIAL LLC 49,006.92 2030448 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 355.38 2030449 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 865.28 2030450 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 425.64 2030451 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 15.65
C – Page 52 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 04/09/2026 12:29
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030452 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 15.65 2030453 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,368.26 2030454 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 198.84 2030455 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 17.93 2030456 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 12,161.57 2030457 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 23.18 2030458 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 372.82 2030459 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,677.75 2030460 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 99,765.04 2030461 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 265.49 2030462 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 707.81 2030463 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8,222.77 2030464 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 142.50 2030465 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 148.56 2030466 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 186.80 2030467 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 116.66 2030468 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 777.40 2030469 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,168.79 2030470 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 108.91 2030471 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 58.03 2030472 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 14,081.16 2030473 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,430.68 2030474 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 92.60 2030475 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 36.08 2030476 04/09/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 34,941.54 2030477 04/09/2026 PRINTED 100546 SHADE STRUCTURES INC 461,727.23 2030478 04/09/2026 PRINTED 100435 THE SHREDDERS 56.00
2030479 04/09/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,001.85 2030480 04/09/2026 PRINTED 100120 SPOK INC 107.45
2030481 04/09/2026 PRINTED 102619 STUDIO AR&D ARCHITECTS IN 800.00 2030482 04/09/2026 PRINTED 102712 TSG ENTERPRISES, INC. 15,333.00 2030483 04/09/2026 PRINTED 104779 TWIN PALMS RESORTS LLC 106,392.65 2030484 04/09/2026 PRINTED 100386 U S CUSTOMS SERVICE 5,645.84 2030485 04/09/2026 PRINTED 100063 UNDERGROUND SERVICE ALERT 776.97 2030486 04/09/2026 PRINTED 104834 UNIFIRST CORPORATION 441.48 2030487 04/09/2026 PRINTED 100200 VALLEY LOCK AND SAFE 190.00 2030488 04/09/2026 PRINTED 100066 VALLEY MAIL DELIVERY 3,924.00 2030489 04/09/2026 PRINTED 103893 VALLEY VOICE MEDIA 1,000.00 2030490 04/09/2026 PRINTED 100144 VERIZON WIRELESS 2,934.67 2030491 04/09/2026 PRINTED 100144 VERIZON WIRELESS 2,561.52 2030492 04/09/2026 PRINTED 100144 VERIZON WIRELESS 3,163.74 2030493 04/09/2026 PRINTED 100144 VERIZON WIRELESS 80.47 2030494 04/09/2026 PRINTED 104950 VETERANS COMMUNICATION SE 24,120.98 2030495 04/09/2026 PRINTED 100121 VISIT GREATER PALM SPRING 235,070.92 2030496 04/09/2026 PRINTED 101537 VISUAL EDGE IT LLC 10,828.50 2030497 04/09/2026 PRINTED 101277 VOHNE LICHE KENNELS INC 200.00 2030498 04/09/2026 PRINTED 015506 JASMINE WAITS 149.00
2030499 04/09/2026 PRINTED 100156 WAXIE SANITARY SUPPLY 924.34 2030500 04/09/2026 PRINTED 100222 WEST COAST ARBORISTS INC 1,333.56 2030501 04/09/2026 PRINTED 101604 WGJ ENTERPRISES INC 659,218.65 2030502 04/09/2026 PRINTED 105675 LAW OFFICES OF ERIC M WIL 10,000.00 2030503 04/09/2026 PRINTED 100223 WILLIAMS SCOTSMAN INC 4,049.02
C – Page 53 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 04/09/2026 12:29
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030504 04/09/2026 PRINTED 105602 WINDMILL CITY INC 1,784.81 157 CHECKS CASH ACCOUNT TOTAL 3,598,138.99 .00
C – Page 54 of 1107
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 04/09/2026 12:29
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
157 CHECKS FINAL TOTAL 3,598,138.99 .00
** END OF REPORT - Generated by Patrick Wynhoff **
C – Page 55 of 1107
CITY COUNCIL STAFF REPORT
DATE: MAY 27, 2026 CONSENT CALENDAR
SUBJECT: RESOLUTIONS CALLING THE NOVEMBER 3, 2026, GENERAL
MUNICIPAL ELECTION, REQUESTING CONSOLIDATION OF THE
GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL
ELECTION AND ADOPTING REGULATIONS FOR CANDIDATE
STATEMENTS
FROM: Scott C. Stiles, City Manager
BY: City Clerk
SUMMARY:
The City Council is being requested to call the General Municipal Election to be held on November 3, 2026, to elect Members to the City Council for Districts 1, 2, and 3, each for a full term of four years. Adoption of these resolutions will request consolidation of the election with the County as well as set regulations for Candidates Statements.
RECOMMENDATION:
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS, AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA AND CITY CHARTER.”
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO §10403 OF THE ELECTIONS CODE.”
3. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026.”
D – Page 56 of 1107
City Council Staff Report
May 27, 2026 -- Page 2
Resolutions Calling the November 3, 2026, General Municipal Election BACKGROUND:
Pursuant to Palm Springs Municipal Code Section 2.02.010, the City shall hold its General Municipal Election on November 3, 2026, to elect Members of the City Council for Districts 1, 2, and 3, each for a full term of four years.
Three resolutions are necessary to facilitate the City’s November 3, 2026, General Municipal Election:
1. Calling the Election. This Resolution calls and gives notice of the election; directs the City Clerk to give further notice as provided for in the California Elections Code and provides for the City Clerk or the Registrar of Voters to conduct and complete the canvass.
2. Requesting Consolidation with the Statewide General Election. This resolution requests that the County Board of Supervisors permit the consolidation of the General Municipal Election with the Statewide General Election also being held on the same date. This is required under the California Elections Code when the Municipal Election is held on a Statewide Election date. For practical purposes, this permits the Registrar of Voters to prepare and furnish any and all supplies and to conduct the Municipal Election on the City’s behalf. To foster efficiency, all applicable Federal, State, County, City and other local candidates and issues are “consolidated” into one ballot that the voter receives, and the County Registrar of Voters will tally the final results and report them to the City Clerk. Despite the County processing the election logistics, all candidate filings, including nomination documents, Candidate Statements, Statements of Economic Interests, and Campaign Disclosure Statements, will be filed and processed through the City Clerk’s Office.
3. Candidate Statement. This resolution adopts rules and regulations for the submission of candidate statements as required by Section 13307 of the California Elections Code, Palm Springs Municipal Code Section 2.02.035, and the required payment for translation and printing of said statements.
Pursuant to Palm Springs Municipal Code Section 2.02.020, the official period for a candidate to pull and file nomination papers is July 13, 2026, to August 7, 2026, and each candidate shall be proposed by not less than 80 nor more than 120 voters of their District.
Additionally, if an incumbent eligible to run does not file by the end of the nomination period, an extended nomination period will apply, pursuant to the Elections Code Section 10225, and candidates other than the person who was the incumbent may file nomination papers for that office until August 12, 2026.
D – Page 57 of 1107
City Council Staff Report
May 27, 2026 -- Page 3
Resolutions Calling the November 3, 2026, General Municipal Election FISCAL IMPACT:
The cost of the election will be influenced by the number of candidates filing for elected office. The Registrar of Voters provided a base cost of $3.50 per voter for the district elections. There are sufficient funds in the City Clerk’s budget to cover the cost of the district elections.
Below is an itemization of the election costs provided by the Registrar of Voters.
District 1 $19,000
District 2 $22,000
District 3 $20,000
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution Calling the Election
B. Resolution Requesting Consolidation
C. Resolution on Candidate Statements
D – Page 58 of 1107
ATTACHMENT A
(DRAFT RESOLUTION CALLING THE
NOVEMBER ELECTION)
D – Page 59 of 1107
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 3, 2026, FOR THE
ELECTION OF CERTAIN OFFICERS, AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA AND CITY CHARTER.
WHEREAS, pursuant to Palm Springs Municipal Code Section 2.02.010 a General Municipal Election shall be held on November 3, 2026, for the election of three Members to the City Council for District 1, 2, and 3, each for a full term of four years; and WHEREAS, the Charter of the Palm Springs, Section 802, requires that elections shall be held in accordance with the provisions of the California Elections Code, unless otherwise provided by ordinance.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That pursuant to the requirements of the Charter of the Palm Springs, Palm Springs Municipal Code, and the laws of the State of California relating to elections; there is called and ordered to be held in the City of Palm Springs, California, on November 3, 2026, a General Municipal Election for the purpose of electing three Members to the City Council for Districts 1, 2, and 3, each for a full term of four years.
SECTION 3. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 4. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Riverside Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 5. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Riverside and in compliance with the Elections Code of the State of California.
SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 7. That notice of the time and place of holding the election is given and
D – Page 60 of 1107
Resolution No. ___
the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.
SECTION 8. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 9. Pursuant to Section 10263 and 10403 of the California Elections Code, the canvass of the General Municipal Election is requested to be made by the Registrar of Voters of County of Riverside and, upon completion, the City Clerk shall receive the results of the canvass.
SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 11. The City Clerk is hereby directed to deliver a certified copy of this resolution with the Board of Supervisors of the County of Riverside and the Riverside County Registrar of Voters.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS THIS ____ DAY OF ________, 2026.
________________________________
Scott Stiles
City Manager
ATTEST:
_____________________________
Brenda Pree, MMC, CERA
City Clerk
D – Page 61 of 1107
Resolution No. ___
D – Page 62 of 1107
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 the ___ day of ____,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, MMC, CERA
City Clerk
D – Page 63 of 1107
ATTACHMENT B
(DRAFT RESOLUTION REQUESTING
ELECTION CONSOLIDATION)
D – Page 64 of 1107
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO §10403 OF THE ELECTIONS CODE
WHEREAS, on ________, 2026, the City Council of the City of Palm Springs adopted Resolution No.______, calling a General Municipal Election to be held on November 3, 2026, for the purpose of electing three Members to the City Council representing Districts 1, 2, and 3, each for a full term of four years; and WHEREAS, it is therefore desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Riverside canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
WHEREAS, all necessary expenses in performing these services shall be paid by the City of Palm Springs.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of electing three Members to the City Council representing Districts 1, 2, and 3, each for a full term of four years.
SECTION 3. Canvass of Returns. The County election department is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.
SECTION 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.
D – Page 65 of 1107
Resolution No. ___
SECTION 5. That the City of Palm Springs shall reimburse the County of Riverside for all services performed when the work is completed and upon presentation to the City a properly approved bill.
SECTION 6. The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters for the County of Riverside.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS THIS ______ DAY OF ______, 2026.
________________________________
Scott Stiles
ATTEST: City Manager
_____________________________
Brenda Pree, MMC, CERA
City Clerk
D – Page 66 of 1107
Resolution No. ___
D – Page 67 of 1107
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 the ___day of ____, 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, MMC, CERA
City Clerk
D – Page 68 of 1107
ATTACHMENT C
(DRAFT RESOLUTION ON CANDIDATE’S
STATEMENT)
D – Page 69 of 1107
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
TO CANDIDATE’S STATEMENT SUBMITTED TO THE
VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026.
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of the local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. GENERAL PROVISIONS.
Pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at the City of Palm Springs General Municipal Election to be held on November 3, 2026, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
The City Clerk is NOT permitted to edit any material contained in candidate statements. Candidates are responsible for proofreading spelling, punctuation, and grammar. Since the statement cannot be changed after it is submitted, candidates must carefully prepare and proofread their statements. Pursuant to the Palm Springs Municipal Code §2.02.035, the City Clerk shall not cause to be printed or circulated any statement which the City Clerk determines does not comply with the provisions of the Elections Code.
The City Clerk, in his or her sole discretion, after first attempting to consult with the candidate, may strike or modify the portion or portions of the candidate statement that is not in
D – Page 70 of 1107
Resolution No. ____
compliance and thereafter cause to be printed and circulated the candidate’s statement as redacted or modified. (Ordinance No. 1820, adopted May 15, 2013) SECTION 3. FOREIGN LANGUAGE POLICY.
Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Riverside. The County is required to translate candidates statements into the following language(s): Spanish.
The County will print and mail voter information guides and candidates statements to all voters in English and Spanish or the County will send voter information guides and candidate statements in Spanish to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guide and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
SECTION 4. MISCELLANEOUS.
a. All translations shall be provided by professionally-certified translators. b. The City Clerk shall comply with all recommendations and standards set forth the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS.
No candidate will be permitted to include additional materials in the voter information guide.
SECTION 6. PAYMENT.
The candidate shall be required to pay for the cost of translating the candidates statements into any required foreign language pursuant to Federal and/or State law.
The candidate shall be required to pay for the cost of printing the candidates statement in English and any foreign language as required in the voter information guide.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City, his or her estimated pro rata share as a condition of having the candidate statement included in the voter information guide.
The estimate is just an approximation of the actual costs that varies from one
D – Page 71 of 1107
Resolution No. ____
election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost.
SECTION 7. The City Clerk is directed to provide each candidate or the candidate’s representative a copy of this Resolution at the time nomination papers are issued.
SECTION 8. All previous resolutions adopting regulations for candidate statements are repealed.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS THIS ____ DAY OF _____, 2026.
________________________________
Scott Stiles
City Manager
ATTEST:
_____________________________
Brenda Pree, MMC, CERA
City Clerk
D – Page 72 of 1107
Resolution No. ____
D – Page 73 of 1107
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 the ___ day of ____, 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, MMC, CERA
City Clerk
D – Page 74 of 1107
CITY COUNCIL STAFF REPORT
DATE: MAY 27, 2026 CONSENT CALENDAR
SUBJECT: A REQUEST BY G&M OIL CO., LLC, FOR A RESOLUTION OF PUBLIC
CONVENIENCE OR NECESSITY (PCN) TO SELL BEER, WINE, AND
DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION (TYPE 21 – OFFSALE GENERAL) AT AN AUTOMOBILE SERVICE STATION CONVENIENCE MARKET LOCATED AT 6600 NORTH INDIAN CANYON
DRIVE, ZONE HC, SECTION 23 (CASE PCN-2026-0001)
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:
The applicant has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 21 (Off-Sale General) liquor license for an existing automobile service station convenience market (Chevron). The project site is located within a Census tract which is identified by the ABC as an area of undue concentration of liquor licenses. The applicant is therefore requesting that the City Council make a determination of public convenience or necessity for the sale of beer, wine, and distilled spirits at the site for off-site consumption purposes.
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF A TYPE 21 (OFF-SALE GENERAL)
ALCOHOLIC BEVERAGE CONTROL LICENSE AT AN AUTOMOBILE SERVICE STATION CONVENIENCE MARKET (CHEVRON) LOCATED AT 6600 NORTH INDIAN CANYON DRIVE (APN: 669-091-019 & 669-091-020) WITHIN CENSUS TRACT NO. 445.24 (CASE NO. PCN-2026-0001)"
BUSINESS PRINCIPAL DISCLOSURE:
Public Integrity Disclosure Forms are attached to this staff report (Attachment C).
E – Page 75 of 1107
City Council Staff Report
May 27, 2026 -- Page 2
Determination of Public Convenience or Necessity – PCN
BACKGROUND:
The applicant is requesting a determination of public convenience or necessity for a Type 21 liquor license for the sale of beer, wine, and distilled spirits at an existing 3,112-SF automobile service station convenience market (Chevron). The business currently holds a Type 20 (Off-Sale Beer & Wine) ABC liquor license which permits the sale of beer and wine at the premises for off-site consumption purposes. The business operates twentyfour hours a day, seven days a week; however, sales of alcoholic beverages are limited to between 6:00 AM and 1:45 AM, seven days a week.
The business’ primary retail product is fuel, and the alcoholic products to be sold under the Type 21 ABC liquor licenses are estimated to account for 2% of the total product inventory offered at the site. Combined with the alcoholic products that are currently sold under the Type 20 ABC liquor license, alcoholic beverages will comprise approximately 6% of the total product inventory (Attachment F). An exhibit included in the Justification Letter (Attachment G) indicates that distilled spirits will be stored in a designated cabinet.
According to the ABC records staff obtained on April 20, 2026, there are no operating restrictions, disciplinary actions, or holds associated with the Type 20 ABC liquor license the business has held at the site since December 19, 2008. Additionally, the City database shows that there are no previous or current code compliance cases associated with the property.
STAFF ANALYSIS:
The California Department of Alcoholic Beverage Control (ABC) requires a Type 21 (OffSale General) liquor license for the proposed beer, wine, distilled spirit sales for off-site consumption purposes at the automobile service station convenience market, as well as the determination of Public Convenience or Necessity (PCN) due to undue concentration of liquor licenses within the Census tract in which the site is located. The ABC identifies the Type 21 liquor license as follows:
“Issued to retail stores. Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises.”
The second paragraph of Section 23958 of the State of California Business and Professions Code states that the California Department of Alcoholic Beverage Control (ABC) is required to “…deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4.” Section 23958.4(a)(3) of the Code defines undue concentration as follows:
E – Page 76 of 1107
City Council Staff Report
May 27, 2026 -- Page 3
Determination of Public Convenience or Necessity – PCN
“As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located.” The Section further states that a license may nevertheless be issued in an area of undue concentration when “…the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.” [State of California Business and Professions Code, Section 23958.4(b)(2)].
The project site is located within Census Tract No. 445.24, which covers a vast area that includes the City of Palm Springs, City of Desert Hot Springs, and unincorporated areas of Riverside County. A majority of the tract lies outside the City boundary. The portion of the City of Palm Springs located within the tract is generally defined as the area bounded by the Union Pacific Railroad to the south, Indian Canyon Drive to the east, 16th Avenue to the north, and Diablo Road to the west. The Census tract map is attached to this report (Attachment E).
According to the ABC liquor license application (Attachment D), only one (1) off-sale liquor license would be allowed in this particular tract while nine licenses have been issued (Attachment E). Hence, the applicant is requesting a determination of public convenience or necessity from the City Council to allow ABC to issue a liquor license for the sale of beer, wine, and distilled spirits in conjunction with the operation of an automobile service station convenience market, notwithstanding the undue concentration in the Census tract.
In the Justification Letter (Attachment F), the applicant describes the business as “a convenient one-stop shop” which offers a variety of products and services ranging from food and beverages to automotive products and electric vehicle charging stations. The applicant further states that their request for a Type 21 ABC liquor license is “…an organic extension of the current surrounding uses and will therefore remain in appropriate relation to the contiguous uses and ongoing development of the community” (Attachment F).
The business is located within the Highway Commercial (HC) and Regional Business Center (RBC) zoning and General Plan land use designation areas, which are intended to provide for “…the retail and service needs of freeway travelers” (PSZC § 92.14.1.00) and “…accommodate a wide variety of business activities in a multi-use environment…” to “…serve an area larger than the City proper…” (Palm Springs 2040 General Plan, page 2-17). As shown on the context map (Attachment H), there is no business within the site’s immediate vicinity that holds a Type 21 ABC license. The closest license holder to the project site is the Rocket convenience store (19995 N. Indian Canyon Dr.), which is located on the north side of Interstate 10 approximately 0.26 mile away from the site.
Issuance of a Type 21 ABC liquor license would allow the applicant to become the nearest
E – Page 77 of 1107
City Council Staff Report
May 27, 2026 -- Page 4
Determination of Public Convenience or Necessity – PCN
establishment to Interstate 10 on its south side on North Indian Canyon Drive to serve the eastbound travelers. This would strengthen the business’ identity as a “convenient onestop shop” by offering a more diversified range of products and better serving local and regional travelers. Therefore, staff has determined that the project would serve the public convenience.
ENVIRONMENTAL ASSESSMENT:
Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the proposed project is exempt from further CEQA review. It can be seen with certainty that determining whether the issuance of a Type 21 alcoholic beverage license would serve the public convenience or necessity will not have a significant environment effect as it has no potential to result in physical changes to the environment either directly or indirectly.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Economic Development
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Christopher Hadwin
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Vicinity Map
B. Draft Resolution
C. Public Integrity Disclosure Form
D. ABC License Application
E. Census Tract No. 445.24 & List of Type 21 ABC Liquor License Holders F. Justification Letter
G. Floor Plan
H. Context Map
E – Page 78 of 1107
ATTACHMENT A
(Vicinity Map)
E – Page 79 of 1107
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
Case No. PCN-2026-0001
6600 North Indian Canyon Drive (APN: 669-091-019 & 669-091-020)
E – Page 80 of 1107
ATTACHMENT B
(Draft Resolution)
E – Page 81 of 1107
Resolution No. _____
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC
CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF A
TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE
CONTROL LICENSE AT AN AUTOMOBILE SERVICE STATION
CONVENIENCE MARKET (CHEVRON) LOCATED AT 6600
NORTH INDIAN CANYON DRIVE (APN: 669-091-019 & 669-091-
020) WITHIN CENSUS TRACT NO. 445.24 (CASE NO. PCN-2026- 0001).
WHEREAS, G & M Oil Co., LLC has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 21 (Off-Sale General) license to sell beer, wine, and distilled spirits at an existing automobile service station convenience market (Chevron) located at 6600 North Indian Canyon Drive (APN: 669- 091-019 & 669-091-020), Census Tract No. 445.24, Zone HC; and WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that nine (9) off-sale licenses have been issued within Census Tract No. 445.24, while only one (1) alcohol license would be allowed based on off-sale retail licenses to population in the County in which the applicant’s premise is located; and WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that the addition of the requested license would cause an “undue concentration” of alcohol-related licenses in the Census Tract No. 445.24; and WHEREAS, Pursuant to Section 23958.4(b)(2) of the State of California Business and Professions Code, the City Council may determine the public convenience or necessity would be served by the issuance of the requested license within an area of undue concentration; and
WHEREAS, The business is located within the Highway Commercial (HC) and Regional Business Center (RBC) zoning and General Plan land use designation areas, which are intended to provide for “…the retail and service needs of freeway travelers” (PSZC § 92.14.1.00) and “…accommodate a wide variety of business activities in a multiuse environment…” to “…serve an area larger than the City proper…” (Palm Springs 2040 General Plan, page 2-17). As shown on the context map (Attachment H), there is no business within the site’s immediate vicinity that holds a Type 21 ABC license. The closest license holder to the project site is the Rocket convenience store (19995 N. Indian Canyon Dr.), which is located on the north side of Interstate 10 approximately 0.26 mile away from the site. Issuance of a Type 21 ABC liquor license would allow the applicant to become the nearest establishment to Interstate 10 on its south side on North Indian Canyon Drive to serve the eastbound travelers. This would strengthen the business’ identity as a “convenient one-stop shop” by offering a more diversified range of products and better serving local and regional travelers. Therefore, issuance of a Type 21 ABC liquor license would serve the public convenience.
E – Page 82 of 1107
Resolution No. _____
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the public convenience would be served by the issuance of a Type 21 (Off-Sale General) alcoholic beverage license for the sale of beer, wine, and distilled spirits at an existing automobile service station convenience market (Chevron) located at 6600 North Indian Canyon Drive, Census Tract No. 455.24, Section 23.
ADOPTED THIS 27TH DAY OF MAY, 2026.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
E – Page 83 of 1107
Resolution No. _____
E – Page 84 of 1107
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 _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
E – Page 85 of 1107
ATTACHMENT C
(Public Integrity Disclosure Form)
E – Page 86 of 1107
E – Page 87 of 1107
E – Page 88 of 1107
E – Page 89 of 1107
ATTACHMENT D
(ABC License Application)
E – Page 90 of 1107
E – Page 91 of 1107
E – Page 92 of 1107
E – Page 93 of 1107
E – Page 94 of 1107
ATTACHMENT E
(Census Tract No. 445.24 &
Off-Sale General License Holder List)
E – Page 95 of 1107
CENSUS TRACT NO. 445.24
Census Tract No. 445.24
Project Site
E – Page 96 of 1107
E – Page 97 of 1107
ATTACHMENT F
(Justification Letter)
E – Page 98 of 1107
E – Page 99 of 1107
E – Page 100 of 1107
E – Page 101 of 1107
ATTACHMENT G
(Floor Plan)
E – Page 102 of 1107
E – Page 103 of 1107
E – Page 104 of 1107
E – Page 105 of 1107
ATTACHMENT H
(Context Map)
E – Page 106 of 1107
Type 21
Type 20
NORTH
Project Site (Chevron)
(Type 21 ABC Liquor License Requested)
OUTSIDE CITY
BOUNDARY
Interstate 10
N. Indian Canyon Dr.
0.26 Mile
Rocket
A&G Mart
Pilot
E – Page 107 of 1107
CITY COUNCIL STAFF REPORT
DATE: MAY 27, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 1 (24P168) WITH CVL ECONOMICS FOR ECONOMIC DEVELOPMENT CONSULTING SERVICES –
IMPLEMENTATION ACTIVATION, CODE AND REGULATORY REVIEW
FROM: Scott C. Stiles, City Manager
BY: Economic Development
SUMMARY:
Since adoption of the Palm Springs Economic Development Strategic Framework (EDSF) on November 24, 2025, staff has worked with the City Council Economic Development Subcommittee and CVL Economics to refine an implementation approach, including identification and prioritization of activation priorities necessary to translate the framework into execution.
This report seeks approval of a $170,250 contract amendment with CVL Economics to undertake this work as the first phase of implementation of the selected activation priority of a Code Audit and Regulatory Review process.
RECOMMENDATION:
1) Approval of Amendment No. 1 (24P168) with CVL Economics for Economic Development Consulting Services - Implementation Activation, Code and Regulatory Review.
2) Authorize the City Manager and City Attorney to make non-substantive changes to the document and execute the contract.
BUSINESS PRINCIPAL DISCLOSURE:
A business disclosure is on file.
BACKGROUND:
The EDSF established a comprehensive set of principles, initiatives, and over ninety action items intended to guide economic development over the next decade.
F – Page 108 of 1107
City Council Staff Report
May 27, 2026 -- Page 2
Amendment No. 1 (24P168) with CVL Economics
Recognizing the scale of the work program, the implementation strategy introduced a set of activation priorities designed to accelerate execution and establish foundational systems necessary to support long-term outcomes.
These activation priorities include:
1. Convention Center (underway)
2. Code Audit and Regulatory Review
3. Business Process Audit
4. Economic Technology Hub
5. Fiscal Toolkit
6. Business District Development
Since adoption of the EDSF, staff has:
• Conducted the first Economic Development subcommittee meeting on March 24, 2026;
• Evaluated multiple proposals from CVL Economics and selecting the attached; • Worked to align priorities with Council direction and departmental capacity; • Initiated early actions consistent with the EDSF principles.
This iterative process has resulted in a more defined and actionable implementation approach.
STAFF ANALYSIS:
While the activation priorities are not strictly sequential, staff recommends initiating implementation with Municipal Code Audit and Regulatory Review based on its role as a foundational enabler.
Regulatory structure directly influences:
• Development feasibility
• Business formation timelines
• Investment predictability
• Effectiveness of incentive programs
As a result, this work is expected to produce outputs that inform and accelerate subsequent priorities, including:
3. Business Process Audit
4. Economic Technology Hub
5. Fiscal Toolkit
6. Business District Development
F – Page 109 of 1107
City Council Staff Report
May 27, 2026 -- Page 3
Amendment No. 1 (24P168) with CVL Economics
In this sense, the Code and Regulatory Review will function as a system-level intervention, rather than a standalone initiative.
Scope of Work
The work will be conducted across four phases over a twelve-month period:
• Phase 1 – Diagnostic Scan (May–Aug 2026): Targeted review of selected Municipal Code provisions, assessment of how regulatory requirements shape the experience of businesses and developers in practice, and stakeholder outreach to surface where processes are working and where they are creating friction.
• Phase 2 – Barriers Analysis (Aug–Nov 2026): Identification and prioritization of regulatory and procedural barriers by category, economic impact, and feasibility of resolution; alignment of barriers against the adopted EDSF to ensure recommendations are grounded in Council’s policy direction. • Phase 3 – Recommendations (Nov 2026–Feb 2027): Development of targeted code reforms and process improvements, organized into a clear action typology distinguishing near-term administrative actions, code amendments requiring formal approval, longer-term policy considerations, and process issues for a separate business process audit.
• Phase 4 – Synthesis (Feb–Apr 2027): Cross-departmental review to confirm legal feasibility and operational practicality of recommendations, followed by refinement and final documentation for both technical staff and City leadership.
Three deliverables will be produced upon completion of the engagement:
• Regulatory Findings Report: A comprehensive document synthesizing identified barriers, economic impact analysis, and recommendations organized by action type and implementation sequence.
• Barrier-to-Solution Matrix: A structured reference document mapping each regulatory barrier to a corresponding recommendation, responsible department, and implementation pathway — serving as an ongoing tracking tool for City staff.
• Executive Summary for City Leadership: A concise, decision-ready summary of key findings, priority recommendations, and proposed next steps prepared for City leadership and Council.
The outcome will be a prioritized, actionable set of regulatory improvements designed to improve the City’s business environment and investment readiness.
F – Page 110 of 1107
City Council Staff Report
May 27, 2026 -- Page 4
Amendment No. 1 (24P168) with CVL Economics
Implementation Framework
Implementation of the EDSF is structured to occur as a coordinated, parallel effort, rather than a strictly linear process.
Key principles guiding implementation include:
1. Distributed Execution
Action items identified in the EDSF will be advanced through:
• Staff-led initiatives
• Working groups
• Subcommittee direction
• Ad hoc advisory efforts
2. Parallel Progression
While activation priorities provide structure, action items will continue to advance concurrently, rather than waiting for completion of any single priority.
3. Iterative Development
Outputs from each activation priority will inform and refine others, allowing the City to adapt in real time as implementation progresses.
This approach ensures that progress continues across multiple fronts while maintaining focus on high-impact foundational work.
Role of CVL Economics
CVL Economics, as the author of the EDSF, is uniquely positioned to:
• Maintain continuity between strategy and execution
• Provide subject matter expertise in economic development policy • Facilitate cross-departmental coordination
• Deliver implementation-ready work products
The proposed amendment shifts their role from planning to execution support, with a focus on delivering tangible regulatory outcomes.
ENVIRONMENTAL ASSESSMENT:
This action is not a project under CEQA pursuant to Section 15378(b), as it constitutes organizational and administrative activities that do not result in direct or indirect physical changes to the environment.
F – Page 111 of 1107
City Council Staff Report
May 27, 2026 -- Page 5
Amendment No. 1 (24P168) with CVL Economics
ALIGNMENT WITH STRATEGIC PLANNING:
This action supports City Council’s Strategic Plan Broad Goal of Economic Development, and directly advances the Economic Development Strategic Framework, particularly:
• Principle A: Expand Economic Development Capacity
• Principle B: Reinvigorate the Business Climate
FISCAL IMPACT:
Approval of this item authorizes $170,250 for EDSF implementation consulting services over a twelve-month period (May 2026–April 2027). Fees by phase are as follows: Phase 1 – Diagnostic Scan ($47,500); Phase 2 – Barriers Analysis ($52,500); Phase 3 – Recommendations ($26,500); Phase 4 – Synthesis ($43,750). Payments will be made in four installments: $44,000 upon contract execution; $44,000 on September 1, 2026; $44,000 on January 1, 2027; and $38,250 upon project completion.
The original contract for economic development planning services of $123,250 will be increased by $170,250 for a new total amount of $293,500 for the economic development planning portion of the report.
The contract includes three years of Airport Economic Impact Studies and that portion of the contract remains unchanged (which total $251,830). In summary, the total contract amount will be revised up to $545,330 for both economic development planning services as well as Airport EIS services, managed by the Airport staff.
Funding is available within the FY 2026 Economic Development budget and is consistent with previously discussed programmatic allocations.
This investment is intended to:
• Accelerate implementation of Council-adopted strategy • Improve efficiency of future City processes
• Support long-term economic growth and revenue generation REVIEWED BY:
Department Director: Wayne Olson
City Manager: Scott Stiles
ATTACHMENTS:
A. Amendment No. 1 to 24P168 and Code Audit Review Proposal Exhibit B. Original Economic Development Consulting Agreement (24P168)
F – Page 112 of 1107
ATTACHMENT A
Amendment No. 1
F – Page 113 of 1107
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 1 TO THE ECONOMIC DEVELOPMENT CONSULTING
SERVICES (24P168)
1. Parties and Date.
This Amendment No.1 to the Professional Services Agreement for Convention Center Renovation Expansion Project is made and entered into as of this 12th day of May, 2026 by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and CCL Economics, a California Limited Liability Company (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
2. Recitals.
2.1 Agreement. City and Consultant entered into an agreement titled Economic Development Consulting Services on July 29, 2024 to provide an economic development study for the City and an economic impact study for the Palm Springs International Airport.
2.2 Amendment Purpose. City and Consultant now desire to amend the Agreement to expand the scope of services to include program management, extend the contract term, and add additional funding in the amount of $170,250, for a revised Contract Amount not to exceed $545,330.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1 Maximum Contract Amount of the Agreement is hereby amended in its entirety to read as follows:
"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 $545,330 ($293,500 for the EDST and $251,830 for the EIS).
3.2 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 three years with one one-year option to renew at the City’s sole discretion, commencing on July 29, 2024, and ending on April 28, 2027, unless extended by mutual written agreement of the Parties.
3.3 Amendment. Exhibit “A” Scope of Services of the Agreement is hereby amended to incorporate Attachment “A” attached hereto and incorporated herein by reference.
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as
F – Page 114 of 1107
55575.18100\42913029.1
(BB&K 2024)
amended by this Amendment No. 1.
3.5 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. 1.
3.6 Severability. If any portion of this Amendment No.1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7 Counterparts. This Amendment No.1 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]
F – Page 115 of 1107
55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO.1 TO THE ECONOMIC DEVELOPMENT CONSULTING SERVICES AGREEMENT (24P168).
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: ____________________________ By: ______________________________ Uday Ram, CVL Economics CVL Economics
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager
F – Page 116 of 1107
55575.18100\42913029.1
(BB&K 2024)
ATTACHMENT “A”
SCOPE OF SERVICES
F – Page 117 of 1107
1 SUBMITTED:
April 24, 2026
PREPARED FOR:
Wayne Olson
Chief Economic Development Officer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Economic Development Strategic
Framework Implementation: Municipal
Code Audit and Regulatory Review
CITY OF PALM SPRINGS
F – Page 118 of 1107
2 TABLE OF
CONTENTS
Cover Letter 1
Scope of Work 2
Project Timeline 6
Project Team 7
Pricing 12
AUTHORIZED CONTACT INFORMATION
CVL Economics Uday Ram
Federal EIN: 87-122827 Founding Partner
Principal Place of Business: Office Phone: (310) 547-7740 8306 Kirkwood Drive Mobile Phone: (646) 479-1497
Los Angeles, CA 90046 Email: [email protected]
This proposal is the property of CVL Economics LLC, founded in 2021, and must not be disclosed outside the Government or be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If a contract is awarded to CVL Economics LLC as a result of, or in connection with, the submission of this proposal, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract and subject to the limitations of the Freedom of Information Act. This proposal contains confidential and proprietary information that is exempt from disclosure under Section (b)(4) of the Freedom of Information Act, 5 U.S.C. § 552 et seq. Accordingly, no portion of this proposal should be released without consulting CVL Economics LLC. This proposal is contingent on the Parties reaching mutually agreeable terms and conditions and upon acceptance of any limitations described herein.
F – Page 119 of 1107
1 April 24, 2026
Wayne Olson
Chief Economic Development Officer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Wayne:
On behalf of CVL Economics, I am pleased to submit an updated proposal for the Municipal Code Audit and Regulatory Review. This proposal reflects the iterative work we have undertaken together since the Council's adoption of the Economic Development Strategic Framework (EDSF) in November 2025 and the careful sequencing of activation priorities that has emerged from that process. The scope presented here has been refined to reflect Council direction, departmental capacity, and our shared understanding of where regulatory modernization can have the greatest near-term impact.
The decision to focus on the Municipal Code Audit and Regulatory Review is a deliberate and strategic one. Regulatory structure sits upstream of nearly every economic development outcome the City is pursuing; development feasibility, business formation timelines, investment predictability, and the effectiveness of future incentive programs all flow from how the code operates in practice. Portions of the City's municipal code and permitting processes were adopted under earlier conditions and now create avoidable friction for otherwise viable projects. Addressing those constraints creates the foundation on which subsequent activation priorities—the Business Process Audit, Economic Technology Hub, Fiscal Toolkit, and Business District Development work—can be advanced with greater speed and effectiveness.
As the authors of the EDSF, CVL Economics brings something to this engagement that no other firm can offer: institutional continuity. We know the framework's intent, we know the stakeholders, and we know where the regulatory gaps are most likely to surface. That knowledge shortens the path from diagnosis to action and ensures that recommendations are grounded in—and accountable to—the strategy the Council has already adopted. Our goal is not just to deliver a findings report but to position Palm Springs to move forward with clarity and momentum across the full implementation agenda.
We are grateful for the trust the City has placed in our team and look forward to delivering results that reflect the ambition of the framework we helped build.
Sincerely,
Uday Ram
Founding Partner
F – Page 120 of 1107
2 SCOPE OF WORK
The City's regulatory framework plays a central role in shaping Palm Springs' economic outcomes.
During the Economic Development Strategic Framework planning process, it became clear that portions of the municipal code and permitting processes were creating avoidable friction for otherwise viable projects. Misaligned land-use definitions, layered approvals, and outdated standards have been slowing hospitality reinvestment, adaptive reuse, and creative space development at a moment when the City is positioned to accelerate all three.
To that end, this engagement focuses on identifying and resolving regulatory and procedural barriers that affect business investment, adaptive reuse, district activation, and priority development activity. The work will surface how regulations are experienced in practice, including points where permitting pathways, interdepartmental coordination, or business-facing processes create friction. Collectively, these observations will inform recommendations but will not constitute a full business process audit.
The code audit and regulatory review will be conducted across four phases over a twelve-month period, producing three key deliverables: a Regulatory Findings Report, a Final Barrier-to-Solution Matrix, and an Executive Summary for City Leadership and Council. The outcome is a prioritized, actionable set of regulatory improvements designed to strengthen the City's business environment and investment readiness.
PHASE 1: DIAGNOSTIC SCAN
Phase 1 will establish the diagnostic foundation for all subsequent work. Rather than a comprehensive review of all regulations, the analysis will concentrate on provisions and regulatory touchpoints that most directly influence economic activity to reflect how requirements operate across multiple departments.1 TASK 1.1: MUNICIPAL CODE REVIEW | CVL Economics will review selected Municipal Code provisions and regulations affecting priority economic activities, with emphasis on development feasibility, approval timelines, and alignment with current market conditions and industry needs. The analysis will examine how provisions across multiple code sections interact—including those related to land use, licensing, business operations, and development standards—recognizing that regulatory outcomes are often shaped by multiple code layers rather than a single provision. The review will consider not only the text of existing provisions but how they function against current market realities, including the conditions affecting investment, business formation, and development activity in Palm Springs today.
TASK 1.2: REGULATORY PROCESS ASSESSMENT | The CVL Project Team will examine how Municipal Code requirements shape the experience of businesses, developers, and investors as they navigate 1 Palm Springs is currently advancing updates to its zoning code through the Department of Planning Services and its consultant, Code Studio. CVL Economics with continue to coordinate with this ongoing effort to ensure continuity, avoid duplication, and support a unified path to implementation.
F – Page 121 of 1107
3 City processes. The analysis will focus on identifying where regulatory structures — including approval pathways, licensing requirements, and coordination across departments — create friction that affects investment decisions, business formation, and development feasibility. The goal is to understand not just how requirements are administered, but where they are functioning as barriers to economic activity the City is actively trying to attract and support.
TASK 1.3: STAKEHOLDER OUTREACH | The CVL Project Team will conduct targeted outreach to businesses, developers, property owners, and other economic actors operating within the City's regulatory environment. Outreach will be designed to surface how regulatory requirements are experienced in practice by identifying where processes are working, where they are creating friction, and where the gap between regulatory intent and on-the-ground reality is most pronounced.
PHASE 2: BARRIERS ANALYSIS
Phase 2 will translate diagnostic findings into a structured understanding of the City's most pressing constraints, shifting from observation to evaluation.
TASK 2.1: BARRIER IDENTIFICATION AND PRIORITIZATION | Regulatory and procedural barriers identified in Phase 1 will be compiled and organized into categories reflecting common themes — such as land use constraints, licensing and operational requirements, permitting complexity, or regulatory conditions affecting specific business types and development contexts — and prioritized based on economic impact, frequency, and feasibility of resolution.2 Where a single code provision contributes to multiple barriers, those cross-cutting constraints will be identified to support efficient sequencing of reforms. High-impact, near-term opportunities will be distinguished from more complex or longer-term changes.
TASK 2.2: STRATEGIC FRAMEWORK ALIGNMENT | Identified barriers will be mapped against the initiatives and actions outlined in the strategic framework to ensure that prioritization reflects adopted policy direction. This step will create a documented through-line between the City's strategic commitments and the regulatory constraints most in need of resolution, ensuring that subsequent recommendations are grounded in and accountable to the EDSF.
PHASE 3: RECOMMENDATIONS
Phase 3 will shift from identifying problems to defining solutions, developing recommendations that are practical, targeted, and actionable — moving the City's regulatory framework toward greater flexibility, clarity, and alignment with current economic conditions.
TASK 3.1: TARGETED CODE REFORMS | The CVL Project Team will develop targeted recommendations to address the root causes of identified barriers. Solutions may include clarifying definitions, 2 Specific areas of focus may center on regulations affecting Tourism & Hospitality Development, Commercial Corridor Activation, Events & Temporary Uses, Arts & Cultural Economy, and Workforce Housing, among others.
F – Page 122 of 1107
4 adjusting development standards, streamlining approval pathways, or introducing new regulatory tools — each designed to improve flexibility and predictability while maintaining consistency with adopted plans and the City's broader policy objectives. Recommendations will draw on the full range of relevant Municipal Code provisions, not limited to zoning and development standards, and will reflect both the letter of existing regulations and how they are experienced in practice by businesses, developers, and investors.
TASK 3.2: STRUCTURING AND SEQUENCING | Recommendations will be organized into a clear action typology that reflects the City's regulatory structure and decision-making processes, establishing a logical sequence for advancing reforms. Categories may include:
§ Administrative actions that can be implemented in the near term § Code amendments requiring formal approvals
§ Longer-term policy considerations within the Municipal Code and Regulatory Framework § Process-related issues to be addressed through a separate business process audit PHASE 4: SYNTHESIS
Phase 4 will ensure that recommendations developed in Phase 3 are grounded in operational reality and supported by the departments responsible for implementation. Alignment across planning, permitting, enforcement, and economic development functions is essential to translating regulatory reforms into durable change.
TASK 4.1: CROSS-DEPARTMENTAL REVIEW | The CVL Project Team will conduct structured discussions with relevant City departments to confirm the legal feasibility, operational practicality, and consistency of proposed recommendations with existing responsibilities and workflows. These conversations will also serve as an early coordination mechanism, giving departments visibility into proposed changes before they advance through formal approval processes.
TASK 4.2: REFINEMENT | Drawing on departmental input, CVL Economics will refine recommendations to ensure clarity, feasibility, and alignment with internal workflows. This step will also identify any recommendations that may require additional coordination or phasing before implementation, producing a final set of recommendations that reflects both analytical rigor and operational viability.
TASK 4.3: FINAL DOCUMENTATION | CVL Economics will synthesize findings, analysis, and recommendations into a final set of work products designed for both technical staff and City leadership. Documentation will be structured for clarity and usability, with an emphasis on supporting decision-making and providing a clear path to implementation.
F – Page 123 of 1107
5 DELIVERABLES
The following work products will be delivered upon completion of the engagement. Each is designed to serve a distinct purpose — providing a technical record of findings and recommendations, a practical implementation tool for City staff, and a decision-ready summary for City leadership and Council. § REGULATORY FINDINGS REPORT: A comprehensive document synthesizing the findings of the municipal code and regulatory review, including identified barriers, analysis of economic impact and feasibility, and recommendations organized by action type and implementation sequence. § BARRIER-TO-SOLUTION MATRIX: A structured reference document mapping each identified regulatory barrier to a corresponding recommendation, action type, responsible department, and implementation pathway. The matrix will serve as a practical implementation tool that City staff can use to track and advance regulatory reforms over time. § EXECUTIVE SUMMARY FOR CITY LEADERSHIP: A concise summary of key findings, priority recommendations, and proposed next steps, prepared for City leadership and Council. The document will be designed for accessibility and decision-making, translating technical analysis into clear direction for policy action.
F – Page 124 of 1107
6 PROJECT TIMELINE
MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR
PHASE 1: DIAGNOSTIC SCAN
Task 1.1: Municipal Code Review • • •
Task 1.2: Regulatory Process Assessment • • •
Task 1.3: Regulatory Process Assessment • • •
PHASE 2: BARRIERS ANALYSIS
Task 2.1: Barrier Identification and Prioritization • • Task 2.2: Strategic Framework Alignment • • •
PHASE 3: RECOMMENDATIONS
Task 3.1: Targeted Code Reforms • • • •
Task 3.2: Structuring and Sequencing •
PHASE 4: SYNTHESIS
Task 4.1: Cross-Departmental Review • •
Task 4.2: Refinement •
Task 4.3: Final Documentation • •
§ Regulatory Findings Report
§ Barrier-to-Solution Matrix
§ Executive Summary for City Leadership
F – Page 125 of 1107
7 PROJECT TEAM
At the heart of CVL Economics lies our team's dedication to asking big questions and promoting transformative action, which is why we strive to recruit and retain talent who are thoughtful, ambitious, and passionate about challenging the status quo. Our team's diverse backgrounds—which span the private, public, and nonprofit sectors—inform the perspectives and solutions we bring to the table.
Blending empirical rigor with empathetic outreach, we strive for outcomes that drive informed decisionmaking Our proposed project team brings together a group of accomplished economists, analysts, and stakeholder engagement specialists. The team's combined expertise spans sophisticated economic modeling, community engagement, and strategic planning with extensive experience in analyzing public sector institutions and major events. Our track record includes projects that have directly informed policy decisions and strategic planning, demonstrating our ability to produce rigorous analysis that resonates with diverse stakeholders from local leaders to state legislators. The project team assembled for this engagement includes the following staff:
Full resumes for each consultant begin on the next page.
UDAY RAM
FOUNDING PARTNER
PROJECT ROLE:
Municipal Code and
Regulatory Review
Lead
ADAM J. FOWLER
FOUNDING PARTNER
PROJECT ROLE:
Business District
Framework
Development Lead
ALISSA DUBETZ
DIRECTOR
PROJECT ROLE:
Data
Analyst
RYAN MARTINEZ
MANAGER
PROJECT ROLE:
Public Finance
Analyst
F – Page 126 of 1107
8 UDAY RAM
Founding Partner,
CVL Economics
M: (646) 479-1497
E: [email protected]
EXPERTISE
Regional Economic Development
Industry Analysis
Urban Planning
Creative Economy
Strategy Development
Community Development
EDUCATION
Master of Urban and Regional
Planning | University of California,
Los Angeles
MA, Security Studies |
Georgetown University
BA, Economics and Government |
Cornell University
Uday specializes in resilient economic development, which is informed by over 15 years of domestic and international experience in the planning discipline. His areas of focus lie at the intersection of regional planning, the creative economy, and expanding opportunity to disinvested communities and underrepresented populations. Previously, Uday served as an advisor to City of Los Angeles Mayor Eric Garcetti’s Office of Resilience, the Lower Los Angeles River Working Group, and the Abu Dhabi Urban Planning Council.
EXPERIENCE
Destination Crenshaw Report on the Creative and Cultural Economy | Los Angeles, CA | Destination Crenshaw
The Role of T.R.U.S.T. South LA in Preserving Communities and Expanding Opportunity in South Los Angeles | Los Angeles, CA | T.R.U.S.T. South LA Downtown Los Angeles Creative Ecosystem Landscape Analysis | Los Angeles County, CA | Japanese American Cultural & Community Center City of Palm Spring Economic Strategic Development Plan | Palm Springs, CA | City of Palm Springs
County of Monterey Comprehensive Economic Development Strategy, Year 1 Update, Year 2 Update, and Year 3 Update | Monterey County, CA | Monterey County Economic Development
Economic Development Strategy: Creative Economy Component | San Leandro, CA | City of San Leandro
Hollywood Economic Analysis and COVID-19 Recovery Framework | Los Angeles, CA | Hollywood Chamber of Commerce
Economic Impact Analysis of Pandemic Recovery Investments on the Arts and Culture Sector | Berkeley, CA | City of Berkeley
Lower Los Angeles River Revitalization: An Inclusive Approach to Planning, Implementation, and Community Engagement | Los Angeles, CA | Urban Federal Waters Partnership
Otis College Report on the Creative Economy | Los Angeles, CA | Otis College of Art and Design
The Impact of Tech Accelerator Programs on Black and Brown Founders in Los Angeles | Los Angeles, CA | Plug In Ventures
F – Page 127 of 1107
9 ADAM J. FOWLER
Founding Partner,
CVL Economics
M: (310) 739-4105
E: [email protected]
EXPERTISE
Labor Market Economics
Economic Development Strategy
Housing Policy
Creative and Nightlife Industries
Sectoral Partnerships
EDUCATION
ABD, Political Psychology |
University of California,
Los Angeles
MA, Political Science | University
of Arkansas, Fayetteville
BA, Political Science | University
of Arkansas, Fayetteville
AFFILIATIONS
California Association for
Local Economic Development
International Economic
Development Council
International Downtown
Association
Adam J. Fowler is a recognized thought leader in economic and workforce development with a focus on the creative economy. He is a trusted advisor to public sector leaders who are eager to advance regional economic vitality and, through his research and consulting work, helps communities unlock their economic potential by leveraging their unique strengths. His passion for unleashing the power of local talent pools is grounded in a deep understanding of the value of creativity, innovation, and human capital as key drivers of economic growth and prosperity.
EXPERIENCE
Ventura County Arts, Culture, and Creative Economy Strategic Plan | Ventura, CA | County of Ventura
Los Angeles County Metro Arts and Culture Planning Services | Los Angeles County, CA | LACMTA
City of Palm Spring Economic Strategic Development Plan | Palm Springs, CA | City of Palm Springs
Destination Crenshaw Report on Cultural Tourism | Los Angeles, CA | Destination Crenshaw
Otis College Report on the Creative Economy | Los Angeles, CA | Otis College of Art and Design
Washington State Music Industry: Economic Impact, Trends, and Opportunities | Seattle, WA | Washington Nightlife Music Association
Creativity in Demand: Report on the Creative Labor Market | Walnut, CA | Mt.
San Antonio Community College
Strong Workforce Program: Entertainment and LA Creative Economy 2.0 | Los Angeles County, CA | Los Angeles Regional Consortium
Film and Digital Media Industry Analysis | Los Angeles, CA | County of Los Angeles
Creative Jobs Collective Impact Initiative Analysis and Forecast for Creative Occupations | Los Angeles, CA | Arts for LA
State of Film, TV, VFX, and Post-Production | Los Angeles, CA | California Film Commission
Los Angeles Pride Economic Impact Analysis | West Hollywood, CA | Christopher Street West
F – Page 128 of 1107
10 ALISSA DUBETZ
Director,
CVL Economics
M: (330) 860-4737
E: [email protected]
EXPERTISE
Industry Analysis
Workforce Analysis
Impact Analysis
Data Analytics
Stakeholder Engagement
EDUCATION
MA, Economics | University
of Southern California
BA, Economics | Fordham
University
Alissa specializes in economic analysis and policy research, committed to driving impactful and inclusive change across communities through datadriven insights. With expertise in workforce development, business ecosystems, infrastructure, and the creative economy, her work centers on utilizing data analytics to inform decision-making in the public, private, and nonprofit sectors. She previously held positions at the Milken Institute and Beacon Economics, where she focused on economic impact assessments for various programs, organizations, and industries.
EXPERIENCE
Center Stage: The Role of Live Performing Arts in Revitalizing California Communities | Los Angeles, CA | Theatre Producers of Southern California, Arts for LA, Californians for the Arts, and Actors Equity Association Economic Impact of the Arts Sector and Analysis of Pandemic Recovery Investments | Berkeley, CA | City of Berkeley
Economic and Fiscal Impact Analysis of West Hollywood’s Special Events | West Hollywood, CA | City of West Hollywood
Economic and Fiscal Impact Analysis of Pandemic Recovery Investments in the Arts and Culture Sector | Berkeley, CA | City of Berkeley An Inclusive Economic Development Roadmap for California's Inland Empire | San Bernardino and Riverside Counties, CA | Western Riverside Council of Governments
Reclaiming California’s Role in Global Animation: The Case for Modernizing California’s Film and TV Tax Credit | Los Angeles, CA | BRIC Foundation, The Animation Guild, Titmouse
Future Unscripted: The Impact of Generative Artificial Intelligence on Entertainment Industry Jobs | Los Angeles, CA | Concept Art Association, The Animation Guild, The Human Artistry Campaign, The National Cartoonists Society The Economic Impact of the Tech Sector on California’s Economy | Sacramento, CA | California Foundation for Commerce and Education
Otis College Report on the Creative Economy | Los Angeles, CA | Otis College of Art and Design
Economic Impact Analysis of the Los Angeles Zoo and Botanical Gardens | Los Angeles, CA | Los Angeles Zoo and Botanical Gardens
F – Page 129 of 1107
11 RYAN M. MARTINEZ
Manager,
CVL Economics
M: (408) 841-6201
E: [email protected]
EXPERTISE
Statistical Analysis
Economic Forecasting
Real Estate Economics
Public Finance
Urban Planning
EDUCATION
MS, Statistics | California
State University at Fullerton
BA, Economics | California
State University at East Bay
BS, Statistics | California
State University at East Bay
Ryan is a data scientist and urban economist who leverages computational methods and empirical analysis to tackle complex economic challenges. At CVL Economics, he applies innovative methodologies at the intersection of data science and economic theory to deliver actionable insights for clients. Before joining CVL, Ryan served as a Senior Associate at Economic & Planning Systems (EPS) in Oakland and previously led the Economic and Revenue Forecasting practice at Beacon Economics in Los Angeles.
EXPERIENCE
San Mateo General Plan Update Feasibility and Fiscal Impact Analysis of Land Use Alternatives and Preferred Land Use Plan | San Mateo, CA | City of San Mateo
Oakland General Update Existing Conditions Analysis and Industrial Lands Policy Study | Oakland, CA | City of Oakland
BART A-Line Jobs Attraction Strategy | Oakland, CA | Bay Area Rapid Transit (BART)
South Santa Rosa Specific Plan Market Demand Analysis | Santa Rosa, CA | City of Santa Rosa
Redwood City Greater Downtown Area Plan Market Context Analysis and Community Engagement | Redwood City, CA | City of Redwood City San Francisco Downtown Fiscal Impact Analysis of Office-to-Residential Conversion Incentive Policies | San Francisco, CA | San Francisco Bay Area Planning and Urban Research Association (SPUR)
Fairfield Parks and Recreation Development Impact Fee Update | Fairfield, CA | City of Fairfield
Fiscal Impact Analysis for the Potrero Power Station Redevelopment Enhanced Infrastructure Financing District | San Francisco, CA | Associate Capital Fiscal Impact Analysis for the Treasure Island Redevelopment Enhanced Infrastructure Financing District | San Francisco, CA | Treasure Island Development Group
Napa Economic Development Element Update Socioeconomic Analysis | Napa, CA | City of Napa
Watsonville Urban Limit Line Ballot Initiative Impact Assessment | Watsonville, CA | City of Watsonville
F – Page 130 of 1107
12 PRICING
The table below provides pricing information for each of the four activation areas described in this proposal. The total cost of this 14-month engagement—barring any changes to scope of work in the preceding pages—shall not exceed $170,250. CVL Economics will invoice the City of Palm Springs over the duration of the project in accordance with the payment schedule below.
FEES
COST
Phase 1: Diagnostic Scan $47,500
Phase 2: Barriers Analysis $52,500
Phase 3: Recommendations $26,500
Phase 4: Synthesis $43,750
TOTAL $170,250
PAYMENT SCHEDULE
COST
Upon Contract Execution $44,000
September 1, 2026 $44,000
January 1, 2027 $44,000
Upon Project Completion $38,250
VALIDITY
The project cost estimate and timeline specified in this document is valid for 45 days commencing on the date of proposal submission (April 24, 2026). Should the City of Palm Springs not accept these terms in writing prior to the expiry period, the terms expressed above are subject to review and change. Any amendments to the scope of work by the City of Palm Springs after the execution of contract will require a formal “Amendment to the Consulting Agreement” and cannot be guaranteed by CVL Economics.
F – Page 131 of 1107
ATTACHMENT B
Original Agreement 24P168
F – Page 132 of 1107
CONTRACT SERVICES AGREEMENT 24P168
ECONOMIC DEVELOPMENT CONSULTING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 29, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and CVL Economics LLC, a California Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of an economic development firm to provide an economic development study for the City and an economic impact study for the Palm Springs International Airport (“Project”).
B. Contractor has submitted to City a proposal to provide these studies, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 133 of 1107
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $375,080 ($123,250 for the EDST and $251,830 for the EIS).
3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the schedule of fees set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 134 of 1107
performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years with two one year options to renew at the City’s sole discretion, commencing on July 29, 2024, and ending on July 28, 2027, unless extended by mutual written agreement of the Parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Uday Ram, Founding Partner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 135 of 1107
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 which shall not be unreasonably delayed or withheld. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Uday Ram Engagement Manager and (EDST) Project Director Adam J. Fowler EDST Research Manager
Alissa Dubetz EDST Data Analytics
Mazen Bou Zeineddine EDST Economic Modeling
Sharon Sarmiento EIS Project Director
Kurt Fuehllhart EIS Project Manager
Firelli Pitters EIS Market Research
Gary Lin IES Lead Analyst
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 136 of 1107
Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final for any violation of any federal, state, or local law or ordinance in any manner arising out of, pertaining to, or incident to any negligent or reckless 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.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 137 of 1107
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.
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. Notwithstanding the foregoing, this ownership of documents does not include or extend to preexisting intellectual property rights of certain data, industry practices, and specifications owned by Contractor. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 138 of 1107
of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 139 of 1107
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
To Contractor: CVL Economics LLC
Attention: Uday Ram
8306 Kirkwood Drive
Los Angeles, CA 90046
11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 140 of 1107
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, Contractor shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Contractor 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.
Contractor shall also require any subContractors 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 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]
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 141 of 1107
SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND CVL ECONOMICS LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No. ________ Agreement No. _________ APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207 7/24/2024 7/24/2024
24P168
7/26/2024
07/25/2024 1-A
F – Page 142 of 1107
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 143 of 1107
SCOPE OF WORK
1.0 Background:
A. The Contractor will perform economic development consulting services in two parts.
Under the first part of the scope the Contractor will complete an Economic Development Strategic Plan (EDSP) for the City of Palm Springs (City).
B. Purpose of Economic Development Strategic Plan:
1. The EDSP will provide a roadmap to the City and the Office of Economic Development for strategies, incentives and interventions that can be implemented in the City.
2. The time frame for these elements should be considered over the near-term (“near,” within one to two years) midterm (“mid,” three - five years) and long term (“long” ten – fifteen years plus).
3. The EDSP should build on the City’s Vision, and create a Mission, Focus Areas (“Pillars”), Objectives, Goals and Tactics that inform the delivery of Economic Development programs, policies and projects for the City.
C. Under Part 2 the Contractor will conduct an annual economic impact study (EIS) Palm Springs International Airport (PSP), owned by the City of Palm Springs. The Palm Springs International Airport (“PSP””) is a small hub airport that provides an unrivaled experience for all who travel to the Coachella Valley. PSP ranks 88th on the busiest airport in the United States as measured by ACI 2022 North America passenger traffic and is the 17th busiest small hub airport. In calendar year 2023, Approximately 1.6 million passengers enplaned at PSP, with 31% of them originating their journeys from the Coachella Valley.
D. The results of both studies will be used in a variety of ways to assess the individual and shared work of the City and the Airport and will serve as a foundation for communication with the general public, media, and elected officials on Economic Development and Airport related economic impact. Additionally, this information will inform both City and Airport staff decision making, grant requests, and outreach efforts.
It is imperative that the methodology used in both studies is transparent, sound, and consistent with industry best practices. The methodology in this study must reconcile the methodology employed by other economic development strategic plans, and economic impact studies conducted by local and regional agencies. This is of particular importance in the conclusions reached in the economic impact analysis to avoid double stating or inaccurately quantifying economic benefit of the Airport.
E. Purpose of Economic Impact Analysis for Airport:
1. The purpose of the study is to assess and analyze the economic contributions of PSP to the local and regional economy:
2. Evaluate the economic impact of PSP on the local and regional economy, including direct, indirect, and induced effects.
3. Identify key economic indicators such as employment, payroll, output, and tax revenue generated by airport-related activities.
4. Analyze the economic benefits derived from passenger travel, cargo operations, and airport-related businesses.
5. Assess the airport's role in supporting tourism, business development, and job creation in the region.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 144 of 1107
F. The City of Palm Springs assumes work in Part 1 (EDSP) will inform work in Part 2 (EIS) that will optimize use and offer cost savings of the Contractor’s time. Since Part 2 completion date is earlier than Part 1 optimization of data collection and economic analyses from ) Part 2 (EIS)work should be considered for completion of Part 1 (EDSP; if suitable, the first year of Part 2 (EIS) can be a major technical appendix to Part 1 report. If added as a technical appendix to Part 1, subsequent years of Part 2 should be considered addendums to the EDSP.
1.1 Scope:
A. Part 1 – Economic Development Strategic Plan Services (EDSP):
1. In order to complete the EDSP, The Contractor will conduct situational and other analyses of the general economic condition of the City, as it relates to tax revenues, real estate development opportunities, land condition and land use, as well as other conditions described herein. In addition, The Contractor will facilitate and present to a number of stakeholder and City Council meetings.
2. Summary of Scope Activities for the development of the EDSP are outlined in the following tasks below:
a. Task 1.0 – General description and summary of meetings, facilitations, and site visit requirements to develop the plans, processes and work products that will lead to the completion of an Economic Development Strategic Plan (to include Vision, Mission, Focus Area (“Pillars”), Objectives, Goals and Tactics):
1) Task 1.1 – Kickoff Meeting
i. No more than two weeks from the start of work, facilitate a kickoff meeting with internal project stakeholders (as mutually determined with the City) to establish baseline expectations for ongoing work; ii. Kickoff meeting will cover topics including but not limited to:
communication channels to ensure timely and quality of delivery of project tasks and deliverables; define key stakeholders and stakeholder groups; ordering of project objectives including project tasks, methodology, schedule, deliverables, protocols and identification of necessary amendments to the scope of work that may result from the discussion at the kickoff meeting;
iii. Project contacts will be identified for both the Contractor and the City. 2) Task 1.2 – Document Review
i. Prior to the kickoff meeting, prepare and review a list of publicly available data and relevant reports, including – but not limited to - area and comprehensive plans, business surveys, previous demographic/market studies, economic outlooks, and real estate industry reports (including that of competitive submarkets) to inform understanding of conditions in Palm Springs, including the Palm Springs Airport Master Plan and the Palm Springs Convention Center Master Plan;
ii. Identify gaps in background information and resolve with the City at kickoff meeting.
iii. Review these documents and use them to inform the work product of the EDSP.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 145 of 1107
3) Task 1.3 – Site Visit
Conduct site visits to gather field data based on City boundaries, including an observational assessment of the public and private realms including but not limited to vacant land and buildings, parks and other community assets, built form, land use, building typology and vernacular, as well as any other field data required to complete the work product of the EDSP. 4) Task 1.4 – Vision/Pillars/Objectives Setting Workshops i. Facilitate at least one in-person session with each of the stakeholder groups (not to exceed six stakeholder groups unless otherwise agreed upon identified in the kickoff meeting to help develop and define the Vision/Pillars/Objectives of the EDSP at a time conducive to each of the stakeholders ability to participate.
ii. Different Stakeholder groups to consider include:
Public bodies and officials such as the Palm Springs City Council and Commissions; internal City leadership and department heads; other non-governmental organizations (NGOs) (e.g., Coachella Valley Association of Governments);
Community organizations, such as Chambers of Commerce, professional organizations, non-profit organizations, neighborhood organizations, and other community based organizations; Hospitality sector organizations, including Convention Center and Visit Greater Palm Springs, Palm Springs Tourism, and private hospitality organizations (e.g. Palm Springs Hospitality Association);
Retail, restaurant and other commercial service for-profit organizations, companies, owners and managers;
Industrial and other commercial organizations including companies, owners and managers;
Airport and other institutional facilities such as healthcare, hospitals, or other;
Diversity equity and inclusion (DEI), non-traditional, non-English speaking and other underserved communities.
5) Task 1.5 – City Council interviews
Facilitate one interview with each City Council member to discuss the Mission and Focus Areas, along with any other relevant information to the study, to be scheduled in cooperation with the City, wherein findings from the interviews will be incorporated in to the final EDSP. 6) Task 1.6 – Feedback from the City
i. The City shall provide feedback on the draft report provided by the Contractor;
ii. The Contractor shall Incorporate all feedback, when agreed upon, into the work product of the EDSP.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 146 of 1107
7) Task 1.7 – City Council Presentations
i. The Contractor shall conduct up to two in-person presentations (as determined in prior tasks) to the City Council and conduct City Council outreach through interviews in coordination with City’s project manager, to include;
Present an overview of the initial findings and stakeholder feedback and seek input from City Council on various elements of the results of work from Section A, Tasks 1.0-2.6; this to be scheduled in cooperation with the City’s project manager;
Final presentation of report to include review of report, data, and supporting information to be scheduled in coordination with the City’s project manager.
b. Task 2.0 – Conduct situational analyses and assessments; research current City economic conditions; conduct and complete strengths, weaknesses, opportunities, and threats analysis (SWOT) (or current industry alternative):
1) Task 2.1 – Physical environment assessment
i. Gather field data on existing conditions of key commercial districts and corridors;
ii. Assess major economic assets such as hospitality facilities, office campuses, manufacturing facilities, renewable energy, health care, education and other institutional assets, visitor destinations, including the Palm Springs International Airport and Palm Springs Convention Center;
iii. Assess the strengths and weaknesses of the public realm, private, realm, and accessibility/visibility of each economic cluster:
iv. Evaluate the public realm, including roadways, sidewalks, bridges, rails and trails, and public spaces that support access to, and mobility within and across, communities;
v. Evaluate the private realm, including private assets, properties and buildings, land, vacancies, and the balance of the physical environment, including tribal land opportunities;
vi. Evaluation of the private realm will consider existing built assets and the location and site location characteristics (access to customer base, proximity to existing nodes, the ability to create sufficient concentration of offerings to support a new node) of underutilized opportunity sites as well as underlying ownership.
2) Task 2.2. – Business and economic activity assessment i. Explore and analyze the “drivers” of the Palm Springs economy, and include analyses of the sustainability of the current business and economic environment, as well as the employment and workforce environment, within the City and include;
ii. Explore and analyze the major employers, current and future economic indicators of current employers, “health” of current employment, and identify potential targets of employment;
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 147 of 1107
iii. Identify employers’ employment goals based on feedback from employers, and;
iv. Review and assess the current and future health of the City workforce; both the workforce that supports the current economic model, as well as what workforce requirements and gaps exist to support future goals of the EDSP.
v. Assess industry clusters and develop asset maps that identify key business anchors (across sectors and industries) that drive economic activity and influence commercial and business activity; vi. Determine if there are any competitive sectors/industries that would benefit from a focused incentive strategy in the future, and identify best industry target opportunities that support the EDSP;
vii. Identify, collect and compile a list of incentives, programs, opportunities and resources offered by local, regional, state and federal partners in economic development and identify incentive gaps related to the Palm Springs market;
viii. Assess the seasonality of the market, and make recommendations pursuant to expanding the shoulder season, as well as determine strategies for more robust, sustainable, year-round economic growth. 3) Task 2.3 – Conduct asset analyses of available land, commercial real estate, and review capital markets
i. Analyze qualitative and quantitative data to understand the supply and demand of built commercial real estate and land in the region, which may or may not include multifamily mixed-use opportunities; ii. Identify if, and how much, latent demand exists in the Palm Springs market for new hospitality, office, retail, and industrial development; iii. Research vacancy rates, construction rates, product type, price points, quality of space, and future competition into its analysis of latent demand, including the possibility of demolition of structures beyond their economic utility;
iv. Analyze quantitative and qualitative data, reports, industry journals, and other financial information sources to determine:
v. Current state of capital markets (debt, equity, funds, venture capital, REITS, other investment funds, alternative capital);
vi. Project, as much as is reasonably possible, where capital investments will be focused in the each of the time frames outlined above; vii. Review and summarize the current equity and debt markets for all sectors, with a special focus in hospitality, and project, as much as is reasonably possible, access to capital risks that may require intervention/incentives by the City;
viii. Meet with the City’s Financial Consultant and the City’s Director of Finance to confer on various matters that may affect the implementation of Economic Development activities under this plan.
City staff will coordinate schedules to complete this task.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 148 of 1107
4) Task 2.4 - Research and summarize global, national, state and regional economic, industry and market trends as they pertain to the development of a cohesive EDSP relative to the economy of Palm Springs
i. Research industry-wide changes in business operations, business travel, and trends that serve as indicators for how consumer tastes/preferences are evolving;
ii. The trend assessment will analyze data from a variety of sources, including, but not limited to:
Real Estate Brokerage Experts (via CBRE)
Real Estate Market Outlook Reports (e.g. JLL, Colliers, Newmark) Capital providers Reports/Professional Journals
Data from Visit Greater Palm Springs and other reputable Travel Associations
World Travel and Tourism Council
Destination Analysts
Tourism Economics (Annual Economic Impact Reports)
Other publicly available reporting.
c. Task 3.0 –Conduct review of regulatory and administrative capacity of the City Palm Springs Office of Economic Development
1) Analyze the organizational capacity of the City to execute and implement economic development programs and initiatives;
2) Identify additional resources and funding that may be needed to successfully support implementation of strategies;
3) Assess the existing regulatory framework and environment (including, but not limited to, zoning and permitting/licensing processes) that inhibit economic growth, including;
i. Interface with the current zoning code Contractor’s team (to be identified in the Kickoff meeting) and determine, with them, what information needs to be shared across studies that result in ideal regulatory strategies and tools;
4) Create and deliver and compile the results of at least one (1) online survey that will be delivered, with assistance from the City to all business license holders in the City. Survey will include seeking general feedback about the regulatory, permitting and licensing processes;
5) Include results of survey and make recommendations that address the concerns in the EDSP objectives, strategies or tasks.
d. Task 4.0 – Conduct review of tax environment and current and future revenue analyses
1) Task 4.1 –Tax and revenue environment analyses
i. Work with current Sales Tax analysis report as well as conduct new analyses of TOT, sales and property tax performance (including a Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 149 of 1107
breakdown by major business categories and industry
sectors/clusters) to include:
A sales tax gap leakage analysis: includes consumer demand and market supply assessment to evaluate revenue tax performance within the City and ability to draw consumers from nearby communities and the greater trade area;
A void analysis to identify market opportunities for Palm Springs to attract new commercial and retail possibilities that would be a good fit within the City;
Identify future revenue enhancement opportunities based on the targets identified in the study, and/or identify the targets that provide the greatest revenue enhancement opportunities in the City; A SWOT analysis (or other current industry analysis) of the revenue environment vis-à-vis market projections and growth opportunities identified herein (this can be a subsection of the overall SWOT) . ii. Review, identify and summarize other City revenue opportunities and strategies, both current and future, including current state-of-theindustry value-capture mechanisms and other tools and incentives that may be available to the City to enhance revenue.
B. Part 2 - Economic Impact Analysis for Palm Springs International Airport The Contractor shall provide the following services:
1. Data Collection and Analysis:
a. Develop a work plan which includes milestones and a timeline. b. Collect data on passenger traffic, cargo volumes, aircraft operations, and airport-related businesses.
c. Gather information on employment, wages, output, and tax contributions of airport activities.
d. Utilize economic modeling techniques to estimate and/or review the direct, indirect, and induced economic impacts.
e. Measure economic and non-aviation activity through input/output modeling, impact of earnings, job creation and/or loss
f. Provide understanding related to return and investment to local and regional economy. Determine statistic of $1 taxpayer investment = $1 return g. Measure the economic impact (positive, neutral, or adverse) on nearby realestate (residential, commercial, industrial, etc.) h. Study should consider social, environmental, and economic consequences of economic operational growth or decline of the airport
2. Socioeconomic Analysis:
a. Evaluate the demographic profile of passengers, employees, and businesses associated with PSP.
b. Assess the distribution of economic benefits across various sectors and population groups.
3. Data Analysis and Verification:
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 150 of 1107
a. Analyze the collected data to identify any discrepancies or inconsistencies between physical counts and existing records.
b. Verify the accuracy of asset descriptions, locations, and other relevant information through on-site inspections and documentation review.
4. Forecasting:
a. To the extent possible use and incorporate passenger traffic and cargo volume forecasts from Master Plan Study and FIS Study.
b. Develop forecast of economic contributions based on historical trends and anticipated on-airport capital developments, projects and new programs.
5. Executive Summary and Written Report:
a. Prepare a comprehensive executive summary highlighting key findings, methodologies, and conclusions.
b. Deliver a detailed written report outlining the methodology, data sources, analysis, and results of the economic impact study.
6. Annual Briefings:
a. Conduct annual briefings for the City Council and the Airport Commission to present the findings of the economic impact study.
b. Engage stakeholders and address any questions or concerns regarding the study results.
1.2 Deliverables:
The Contractor shall deliver the following key deliverables:
A. Part 1 – EDSP
1. Task 5.0 – Draft Conditions Report; Design, Draft and Complete an Economic Development Strategic Plan Report, Revisions, and Final Report a. Task 5.1 Technical appendices and results of SWOT and other analyses:
i. Not later than December 31, 2024 draft and deliver a technical appendices report to the City of the outcomes of research and analysis conducted in the work in Tasks 2.0-4.0. The Contractor shall deliver the technical report in concert with the EDSP, such that:
Details of the report shall include and qualitative and quantitative data in the form of graphs, charts, tables, illustrations, graphics and other data presentation techniques that produce in-depth, but also digestible, information;
The technical appendices will identify sets of measurable economic development key performance indicators for the City that can be used to measure progress and success rate of goals, projects, programs and incentives;
Elicit feedback from stakeholders and community subject matter experts (SME)s on KPIs, that include measurements or ratios appropriate to the targeted sector, (e.g. hospitality - a 10% increase in average daily rate (ADR).
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 151 of 1107
Where projections are required, clearly identify and explain the basis or assumptions for the projection;
The technical appendices shall compliment and support the outcomes of the EDSP.
b. Task 5.2 – Research and Draft Final Report of Strategies for Economic Development
i. Not later than February 1, 2025, the Contractor will draft and deliver a draft EDSP that includes the City of Palm Springs’s Economic Development Mission, Pillars, Objectives, Goals and work plan that accurately and realistically reflects the capacity, ability and economic environment researched and assessed throughout the course of the work which will guide Economic Development activities for near, mid and long term time frames identified above, such that:
Develop, articulate and create the City’s Economic Development Mission based on stakeholder meetings;
Develop and identify focus areas (“Pillars”) that will guide the City of Palm Springs Economic Development work in the near, mid and long term in concert with the Vision and Mission based on stakeholder meetings as well as analyses and assessments conducted during the work;
Develop and identify objectives that act as strategies in support of the Pillars that reflect BMPs of comparable municipalities; Identify goals and tactics that support the Pillars and that inform the scope and work plan of the Office of Economic Development that reflect the current and future administrative capacity of the City. Identify geographic areas where focused investments would benefit a neighborhood, community or Citywide activities which may include specific opportunities for acquisition of parcels or sites; EDSP may include, but is not limited to, the following areas:
ii. Redevelopment in the public realm: Includes any improvements to existing transportation networks, public utility extensions, placemaking/tactical improvements, public space capital projects, and signage and wayfinding; iii. Redevelopment in the private realm: includes programmatic interventions to support and/or incentivize private sector investments in real property improvements;
iv. Budget requirements for the near, mid and long term strategies; v. Land acquisition or disposition strategies based on the research conducted during the scope;
vi. Responsible and fiscally prudent value capture mechanisms and incentive programs;
vii. Business retention and attraction programs: may include recommendations or updates to current or new programs that support business attraction, expansions, and relocation (e.g. workforce training, relocation incentives, and other);
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 152 of 1107
viii. Workforce training, workforce readiness and other workforce dynamics required to support the outcomes of the EDSP;
ix. Marketing and promotion: include tools that will increase visits and raise awareness of the City of Palm Springs’s assets and retail/dining offerings, particularly through digital platforms;
x. Administrative capacity: includes strategies to address issues of administrative/operative capacity that might otherwise impede implementation of strategies (including capacity-building programs and partnerships with anchor businesses);
xi. Regulatory and zoning issues that may impede business growth and vitality with recommendations for improvements when warranted (see Task 3.0).
2. Task 5.3 – Produce Economic Development Content for Multichannel Distribution & Marketing to Economic Development Customers, Partners and General Public
i. Produce data, maps, graphs, text, tools and any other information useful to marketing to any targets or stakeholders identified in the research; ii. Develop and collect that information in such a way that a part, any, or of it can serve in future marketing tools and communications to help generate interest in Palm Springs as a business location from potential businesses, investors, funders, and founders.
3. Task 5.4 – The Contractor shall facilitate and conduct City Council working session
i. Produce graphically pleasing presentation slide deck that summarizes the outcomes of all work to date, and present draft Economic Development Strategic Plan Vision, Mission, Pillars and Objectives. Receive feedback from the City and incorporate feedback in to final presentation report.
4. Task 5.5 – Finalize and Present Economic Development Strategic Plan i. Incorporate feedback from the interviews with the City of Palm Springs Council to create a Final Report on Strategies for Economic Development ii. Present the report, it’s findings, and any other relevant information to the City of Palm Springs Council, and report will include, but not limited to the following:
Cohesive and graphically pleasing slide deck, or other form of visual presentation, along with the written EDSP, all of which shall be of the quality and style that is useful and easy to read, along with appealing graphics and images;
Data, graphs, charts, analysis, and tables that support the conclusions; Images, maps, plans, or other tools identified in the research; Conclusions and summaries that guide the City in its Economic Development activities;
Recommendations on near, mid and long term objectives, strategies, goals and tactics that the City will incorporate into its Economic Development work plan;
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 153 of 1107
Recommendations on City investments including staffing, administration, operations, incentives, budgets, acquisitions and any other use of public funds identified in the research.
B. Part 2 – EIS
1. Executive Summary: A concise summary highlighting the key findings and conclusions of the study.
2. Written Report: A detailed report documenting the methodology, analysis, and results of the economic impact study.
3. Annual Briefings: Presentations to the City Council and the Airport Commission summarizing the findings and implications of the study.
1.3 Schedule:
The schedule for Part 1 EDSP - a technical appendices will be due on December 31, 2024, and a draft of EDSP (which includes the technical appendices) will be due by February 1, 2025. A final report will be completed within 60 days of the review of the draft document by the City Council.
The schedule for Part 2 EIS - it is anticipated the Airport EIS will be started immediately upon execution of an agreement and commenced in July of each subsequent year through the term of the agreement. Work for year one should be completed not later than December 31 of 2024. PSP intends for this study to be retrospective for FY 2024 which ends on June 30th, 2024. The Contractor may pull for recent study data to facilitate efficiency in this process. The timing of the subsequent annual report shall be negotiated between PSP and the Contractor. PSP expects that the subsequent reports be completed no later than November 30th of each year.
1.4 Compensation:
Work will be compensated on a lumpsum basis for each set of deliverables shown in the contract pricing. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 154 of 1107
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 155 of 1107
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 156 of 1107
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 157 of 1107
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 158 of 1107
to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 159 of 1107
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
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.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 160 of 1107
EXHIBIT “C”
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 161 of 1107
Exhibit “D”
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 5.24.2023
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 162 of 1107
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 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 163 of 1107
FAA - 02 Affirmative Action Requirement
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:
Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.
Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction.
Equipment – any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).
Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined by the U.S.
Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).
Property/Land – any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENTS -
1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: n/a
Goals for female participation in each trade: n/a
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 164 of 1107
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
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 165 of 1107
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)
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 166 of 1107
FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.
REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
Reference: Title 49 USC § 50101
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 167 of 1107
FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.
REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 168 of 1107
FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.
REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination 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 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 169 of 1107
reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.
Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination 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.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 170 of 1107
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
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 171 of 1107
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 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 172 of 1107
FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.
Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 173 of 1107
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
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 174 of 1107
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 Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.
Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part
3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 175 of 1107
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 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 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 176 of 1107
compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(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 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 177 of 1107
Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding. The Federal Aviation Administration or the CIty shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to 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 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 178 of 1107
Division Web site at https://www.dol.gov/agencies/whd/government-contracts/construction/payrollcertification 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.
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.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 179 of 1107
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding 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 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 180 of 1107
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.
(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).
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 181 of 1107
(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
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 182 of 1107
FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 183 of 1107
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 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 184 of 1107