Palm Springs City Council
June 10, 2026

CITY OF PALM SPRINGS

Regular Meeting Agenda

JUNE 10, 2026
4:00 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.

4:00 PM CLOSED SESSION:

CLOSED SESSION CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION (Council Chamber):

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

RECESS TO CLOSED SESSION (Small Conference Room):

CONFERENCE WITH LEGAL COUNSEL: The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

CLOSED SESSION ITEM(S):

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION Gov. Code § 54956.9(d)(4)

One (1) matter

CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE
TO LITIGATION Gov. Code § 54956.9(d)(2)

One (1) matter

CONFERENCE WITH LABOR NEGOTIATORS – 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

CLOSED SESSION ADJOURNMENT:

5:30 PM REGULAR MEETING:

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

(A) PIERCE’S PLEDGE PROGRAM

(B) EMERGENCY OPERATIONS 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:

Approve the City Council Meeting Minutes of May 27, 2026.

1C. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

AND RESIGNATION ACCEPTANCE FROM THE BUILDING CODE

BOARD OF APPEALS

RECOMMENDATION:

1. Accept the resignation of Jorge Romero-Lozano from the Building Code Board of Appeals, effective immediately.

2. Reappoint David Parker to the Administrative Appeals Board for a term ending June 30, 2029.

3. Reappoint Richard Llewellyn to the Administrative Appeals Board, as a voting member, for a term ending June 30, 2027.

4. Appoint Antun Barbato to the Administrative Appeals Board, as an alternate, for a term ending June 30, 2028.

5. Appoint Michael Faulkner to the Administrative Appeals Board, as an alternate, for a term ending June 30, 2029.

6. Reappoint Daniel Caldwell, Tracy Martin, and J Craig Fong to the Airport Commission for terms ending June 30, 2029.

7. Appoint Bashar Halabi and Thibault Nardi to the Airport Commission for terms ending June 30, 2029.

8. Appoint David Hyams to the Historic Site Preservation Board for a term ending June 30, 2029.

9. Reappoint Deborah Schwarz to the Library Board of Trustees for a term ending June 30, 2029.

10. Waive the requirements of Palm Springs Municipal Code Section

2.06.010 and reappoint Juanita Garner to the Library Board of Trustees to a one-year term ending June 30, 2027.

11. Ratify the nomination of the Palm Springs Unified School District Superintendent and reappoint Jody Diaz to the Parks and Recreation Commission for a term ending June 30, 2029.

12. Reappoint Donald Admire, Jase Nagaia, and Meredith Fine to the Parks and Recreation Commission for terms ending June 30, 2029.

13. Appoint Jacqueline Bowman and Ariel Bishop-Williams to the Parks and Recreation Commission for terms ending June 30, 2029.

14. Appoint Lisaann Dupont to the Parks and Recreation Commission for a term ending June 30, 2027.

15. Reappoint Lauri Kibby and Michelle Loya to the Public Arts Commission for terms ending June 30, 2029.

16. Appoint Will Dean to the Public Arts Commission for a term ending June 30, 2029.

17. Reappoint Bernard Rottner, Kathleen Cohn, Ken Alexander, and Michael Frick to the Sustainability Commission for terms ending June 30, 2029.

18. Appoint Jorge Romero-Lozano, Luke Fannin, Andrew Weiss, David Anderson, and Heidi Garza to the Sustainability Commission for terms ending June 30, 2029.

19. Reappoint Carlos Antonio Alvarez and Mitchell Battersby to the VillageFest Board for terms ending June 30, 2029.

20. Appoint Celia Garton and Michael Slocum to the VillageFest Board for terms ending June 30, 2029.

1D. SECOND READING AND ADOPTION OF ORDINANCE NO. 2130
AMENDING CHAPTER 2.45 “HUMAN RIGHTS COMMISSION”
TO TITLE 2 SUPERSEDING THE EXISTING CHAPTER 2.45

“HUMAN RIGHTS COMMISSION” OF THE PALM SPRINGS

MUNICIPAL CODE

RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2130 entitled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” TO TITLE 2 SUPERSEDING THE
EXISTING CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” OF THE
PALM SPRINGS MUNICIPAL CODE.”

1E. APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. A8847
WITH SO CAL LAND MAINTENANCE, INC., FOR ROADSIDE

MAINTENANCE AND CLEAN-UP SERVICES

RECOMMENDATION:

Approve Amendment No. 5 to Agreement No. A8847 (Attachment A) with So Cal Land Maintenance, Inc., to provide roadside maintenance and clean-up services for an additional amount of $242,424.63 for a total revised contract amount not to exceed $1,475,888.12 and extend the term through June 30, 2027; and

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

1F. APPROVAL OF AMENDMENT NO. 2 (24P168) WITH CVL

ECONOMICS FOR ECONOMIC DEVELOPMENT CONSULTING
SERVICES – IMPLEMENTATION ACTIVATION, CODE AND

REGULATORY REVIEW

RECOMMENDATION:

Approve Amendment No. 2 (Attachment A) with CVL Economics LLC for Economic Development Services including Implementation Activation, Code and Regulatory Review for an additional amount of $170,250 and a revised contract amount not to exceed $592,830; Authorize the City Manager and City Attorney to make non- substantive changes to the document and execute the contract.

1G. AWARD OF A CONTRACT AND APPROVAL OF TASK ORDERS
FOR THE 2026 PAVEMENT REHABILITATION PROJECT (CITY
PROJECT NO. 26-01) INCLUDING APPROVAL OF A

CONSTRUCTION CONTRACT TO MATICH CORPORATION, A

CALIFORNIA CORPORATION, IN THE AMOUNT OF
$8,072,751.23; APPROVAL OF A TASK ORDER UNDER ON-
CALL AGREEMENT NO. 25Q158 WITH DUDEK, INC., IN AN
AMOUNT NOT TO EXCEED $268,000 FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES; AND APPROVAL
OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41

WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN
AN AMOUNT NOT TO EXCEED $11,750 TO PROVIDE

COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION

RECOMMENDATION:

1. Award a construction contract to Matich Corporation in the amount of $8,072,751.23 for the 2026 Pavement Rehabilitation, City Project 26- 01(“Project”);

2. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering services firm, Dudek, Inc., in an amount not to exceed $268,000;

3. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $11,750;

4. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,341,934 with all change orders reported to the City Council; and

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

1H. ADOPT A RESOLUTION IDENTIFYING A PROJECT FOR SENATE BILL 1, ROAD MAINTENANCE AND REHABILITATION

ACCOUNT FUNDS

RECOMMENDATION:

Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A
PROJECT FOR FISCAL YEAR 2026-27 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”.

1I. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
CASC ENGINEERING AND CONSULTING, INC., A CALIFORNIA

CORPORATION, FOR ON-CALL NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM

CONSULTING SERVICES

RECOMMENDATION:

1. Approve Professional Services Agreement with CASC
Engineering and Consulting, Inc., a California corporation, for on-call National Pollutant Discharge Elimination System NPDES program consulting services for an initial three (3) year term, subject to two (2) additional one (1) year
extensions;

2. Appropriate $200,000 from the Community Service Area (CSA) fund for NPDES program consulting services for Fiscal Year 2026/2027; and

3. Authorize the City Manager or designee to execute all necessary documents and execute all task orders that fall

under the Agreement Value.

1J. ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET

LIGHTING AND PARKWAY MAINTENANCE DISTRICTS
CITYWIDE FOR FISCAL YEAR 2026-2027

RECOMMENDATION:

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

OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE

PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE
ENGINEER’S REPORT REGARDING STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE
DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH

ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION
RELATED THERETO FOR FISCAL YEAR 2026/2027”; (Attachment A)

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

OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING ON JUNE 24, 2026, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3,
AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9,
AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE
DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL

ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2026/2027.” (Attachment B)

1K. AWARD CONSTRUCTION CONTRACTS FOR ON-CALL

PLUMBING MAINTENANCE AND INSTALLATION SERVICES TO
URBAN WORX CONSTRUCTION, INC., AND PRO-CRAFT
CONSTRUCTION, INC.

RECOMMENDATION:

1. Approve Construction Contract No. 26B086 with Urban Worx Construction, Inc., to provide on-call plumbing maintenance and installation services in an amount not to exceed $960,000 for an initial three-year term commencing on June 11, 2026, and continuing through June 10, 2029, with two one-year extension options at the City’s sole discretion;

2. Approve Construction Contract No. 26B087 with Pro-Craft Construction, Inc., to provide on-call plumbing maintenance and installation services in an amount not to exceed $640,000 for an initial three-year term commencing on June 11, 2026, and continuing through June 10, 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.

1L. RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN

THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS

IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE
FOR THE PUBLIC HEARING; REVIEW AND APPROVAL OF

REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID) ADVISORY BOARD, FISCAL YEAR 2026-
2027

RECOMMENDATION:

Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2026-2027; and Adopt a Resolution entitled, “ A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS

INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE

PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT

DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC
HEARING”.

2. PUBLIC HEARINGS:

2A. GENERAL FUND AND AIRPORT FUND FISCAL YEAR 2026-2027

CONTINUATION BUDGET ADJUSTMENT

RECOMMENDATION:

1. Open the public hearing and accept public testimony on the FY27 Continuation Budget; and

2. Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the FY27 Budget.

3. BUSINESS & LEGISLATIVE:

3A. INTRODUCTION OF TWO ORDINANCES TO EXPAND THE

HISTORIC SITE PRESERVATION BOARD AND AIRPORT

COMMISSION

RECOMMENDATION:

1. Introduce and conduct a first reading of, by title only, an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 8.05.040
AND 8.05.050 OF THE PALM SPRINGS MUNICIPAL CODE TO

EXPAND THE HISTORIC SITE PRESERVATION BOARD TO EIGHT
MEMBERS, ADDING ONE ALTERNATE MEMBER.”

2. Introduce and conduct a first reading of, by title only, an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.16.020 OF

THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PALM

SPRINGS INTERNATIONAL AIRPORT COMMISSION TO TWENTY

MEMBERS, NINETEEN VOTING MEMBERS AND ONE NON-VOTING
MEMBER REPRESENTING VISIT GREATER PALM SPRINGS.”

3B. APPROVAL OF A PURCHASE AND SALE AGREEMENT OF REAL

PROPERTY WITH TOWN AND COUNTRY, LLC, A CALIFORNIA

LIMITED LIABILITY COMPANY, FOR PROPERTY CONSISTING
OF A PORTION OF APN #513-092-009, GENERALLY LOCATED

AT THE SOUTHWEST CORNER OF ANDREAS ROAD AND

NORTH INDIAN CANYON DRIVE, FOR THE PURPOSE OF
OBTAINING A SITE FOR A NEW FIRE STATION #1

RECOMMENDATION:

Approve an Agreement for Purchase and Sale of Real Property with Town and Country, LLC, a California limited liability company; and Authorize the City Manager to execute any and all appropriate and related documents in order to effectuate the purchase of the property.

3C. AUTHORIZATION OF ISSUANCE OF LONG TERM BONDS OR

OTHER OBLIGATIONS PAYABLE FROM ASSESSMENTS LEVIED

WITHIN THE PALM SPRINGS TOURISM INFRASTRUCTURE

DISTRICT (PSTID)

RECOMMENDATION:

Adopt a Resolution entitled, " AUTHORIZING THE ISSUANCE OR

INCURRENCE OF LONG-TERM OBLIGATIONS PAYABLE FROM

ASSESSMENTS LEVIED AND COLLECTED WITHIN THE BOUNDARIES

OF THE PALM SPRINGS TOURISM INFRASTRUCTURE DISTRICT IN
AN AMOUNT NOT EXCEEDING $55,000,000; AND APPROVING
RELATED DOCUMENTS AND OFFICIAL ACTIONS".

3D. DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING

TELECONFERENCING PURSUANT TO RECENT BROWN ACT
AMENDMENTS (SENATE BILL 707)

RECOMMENDATION:

Staff recommends that the City Council consider and provide direction as to whether, and to what extent, the City Council wishes to have meetings of the City Council and various City Boards, Commissions, and Committees conducted by teleconferencing for meetings, including standing committees, under recent amendments to the Ralph M. Brown Act.

3E. POLICY ESTABLISHING PROCEDURES FOR DISRUPTION OF

TELEPHONIC OR INTERNET SERVICE DURING PUBLIC
MEETINGS, PURSUANT TO SENATE BILL 707

RECOMMENDATION:

Approve the Disruption of Telephonic or Internet Service During Public Meetings Policy.

3F. 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 06/03/2026 at 5:30pm, 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 27, 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 27, 2026, at 5:34 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; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; Brenda Pree, City Clerk; and Evelyn Beltran, Chief Deputy City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:
(A) CARAVANSERAI PROGRAM UPDATE
Franzene Minott with Caravanserai provided an update.
(B) RAMON ROAD BRIDGE PROJECT ENGAGEMENT UPDATE
Josh Zipperman, Burke Rix Communications, provided an update.

PROCLAMATIONS:

Mayor Soto announced the issuance of the following proclamations:
May 14, 2026, was proclaimed Harvey Milk Day.
Karolee Hodgen was recognized on May 15, 2026.
May 16, 2026, was proclaimed 29-PSP.

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4 Larry Bohannan was recognized on May 17th, 2026.
May 22, 2026, was proclaimed National Poppy Day.
The 25th Anniversary of America’s First LGBTW Veterans Memorial Day was recognized on May 25, 2026.

ACCEPTANCE OF THE AGENDA:

Motion by Mayor Pro Tem Ready, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Accept the Agenda with the removal of Consent Calendar Item Nos. 1E, 1I, and 1U for separate discussion, with Item No. 1F tabled.

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 27, 2026, was called to order by Mayor Soto at 3:31 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 – EXISTING LITIGATION, Pursuant to Gov. Code § 54956.9(d)(1)
Under existing facts and circumstances, there were 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)

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4 City Negotiator: Scott Stiles, City Manager and
Jeff Ballinger, City Attorney
Negotiating parties: Michael Braun, Town & Country Center, LLC Under negotiation: Price and Terms
Councilmember Bernstein recused from the conference with real property negotiators closed session item (negotiating parties: Michael Braun and Town & Country, LLC).

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)
Under existing facts and circumstances, there were two (2) matters.

PUBLIC TESTIMONY (Agenda Items Only | Non-Public Hearing Items):

Jeff Taylor, Michael Howard, Michael Joseph Pitkin, Tom McGlone, Don Soja, John Siegel, Lorraine Becker, Lolly Mitchell, Diane Mailey, and Katherine Hatch provided oral testimony.

1. CONSENT CALENDAR:

Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Approve the Consent Calendar with the removal of Item Nos. 1E, 1I, and 1U for separate discussion, with Item No. 1F tabled
1A. MOTION TO READ ORDINANCE BY TITLE ONLY
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Approve

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready

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4 NAYS: None
ABSTAIN: None
RECUSED: None
1B. APPROVAL OF MINUTES
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

1. Approve the City Council Meeting Minutes of May 12, 2026.

2. Approve the City Council Special Meeting Minutes of May 19, 2026.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1C. APPROVAL OF PAYROLL & ACCOUNTS PAYABLE WARRANTS,

CLAIMS AND DEMANDS
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25397 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”.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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

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4 Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

1. Adopt Resolution No. 25398 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 Resolution No. 25399 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 Resolution No. 25400 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.”

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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)
The item failed.
1F. APPROVAL OF AMENDMENT NO. 1 (24P168) WITH CVL ECONOMICS FOR ECONOMIC DEVELOPMENT CONSULTING SERVICES –

IMPLEMENTATION ACTIVATION, CODE AND REGULATORY REVIEW
The item was tabled.

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4 1G. MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT

ASSOCIATION OF PALM SPRINGS AND PALM SPRINGS

FIREFIGHTERS ASSOCIATION
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

1. Adopt Resolution No. 25401 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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1H. APPROVE SIDE LETTER AGREEMENT MODIFYING ARTICLE 22 OF THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION MOU TO

INCLUDE HOLIDAYS RECOGNIZED
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: 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 holiday-in-lieu pay and clarifying that such compensation is reported to CalPERS in accordance with applicable regulations.

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4 AYES: Councilmember Bernstein, Councilmember deHarte, Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1I. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E), AND

AUTHORIZATION TO BID THE RACQUET CLUB ROAD
RECONFIGURATION, CITY PROJECT 22-21B
Motion by Councilmember deHarte, 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 Racquet Club Road Reconfiguration, City Project 22-21B;

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
1J. APPROVE THE DESERT SUPERBLOOM TEMPORARY MURAL BY

ARTIST CHRIS RAMIREZ ON THE DOWNTOWN SOUTH PARKING

GARAGE LIGHTWELL SOUTH, NORTH, AND WEST FACING WALLS
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: 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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None

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4 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
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25402 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”.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1L. AWARD CONSTRUCTION CONTRACTS WITH DESERT CONCEPTS
CONSTRUCTION, INC. AND ONYX PAVING COMPANY, INC. FOR ON-

CALL ASPHALT REPAIR AND REPLACEMENT SERVICES
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None

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4 ABSTAIN: None
RECUSED: None
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
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1N. PURCHASE OF PROPERTY LOCATED AT 550 PASEO DOROTEA TO

SERVE AS AN ADMINISTRATION BUILDING FOR THE PALM

SPRINGS INTERNATIONAL AIRPORT
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: 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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None

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4 1O. AWARD CONTRACT SERVICES AGREEMENT NO. 26B072 WITH

UNIVERSAL GREEN LLC FOR LANDSCAPE AND GROUNDS

MAINTENANCE SERVICES FOR CITY FACILITIES
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1P. ESTABLISH A POLICY MANDATING AN INDEPENDENT AUDITING

FIRM TO CONDUCT AN AUDIT EVERY TWO FISCAL YEARS FOR CITY

GRANTS AND CONTRACTS
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: 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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1Q. ADOPT THE CITY’S FISCAL YEAR 2026-27 INVESTMENT POLICY

GOVERNING THE INVESTMENT OF CITY FUNDS
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25403 entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, ADOPTING AN INVESTMENT POLICY GOVERNING THE

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4 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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

1. Approve Amendment No. 1 to Agreement No. 25I136 with Pyro Spectaculars, Inc. for fireworks productions for the City’s

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9 2
4 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.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1T. EXTENSION OF THE DISASTER OVERLAY ZONE PROGRAMS
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Adopt Resolution No. 25404 entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, EXTENDING PROGRAMS FOR THE DISASTER OVERLAY ZONE AREA.”

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1U. ECONOMIC DEVELOPMENT LIAISON APPOINTMENTS; SUSPENSION

OF THE ECONOMIC DEVELOPMENT SUBCOMMITTEE
Motion by Mayor Pro Tem Ready, Second by Councilmember
Bernstein, CARRIED 5 – 0, to: Appoint Mayor Soto and Councilmember Bernstein as Economic Development liaisons and to suspend the Economic Development Subcommittee.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None

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4 2. PUBLIC HEARINGS:
2A. DELINQUENT WASTE DISPOSAL CHARGES
Motion by Councilmember deHarte, Second by Councilmember Bernstein, CARRIED 5 – 0, to:

1. Open the public hearing and receive public testimony.

2. Adopt Resolution No. 25405 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."

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
2B. RESOLUTION DECLARING RESULTS OF MAJORITY PROTEST

PROCEEDINGS TO ESTABLISH THE PALM SPRINGS TOURISM

INFRASTRUCTURE DISTRICT
RECESS / RECONVENE:

The City Council recessed at 8:55 PM and reconvened at 9:15 PM.

Motion by Councilmember Bernstein, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:

1. Hold a final hearing, declaring results of majority protest proceedings; and

2. Adopt a Resolution No. 25406 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)”.

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None

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4 RECUSED: None
Caleb Ragan, Andrew Jay, Michael Green, Robert Morales, Greg Sowizdrzal, Mike Heredia, Marisa Holladay, Michael Braun, Emmanuelle Chandler, Shon Tomlin, Ryan Fischer, and Heather Carson provided oral testimony.

3. BUSINESS & LEGISLATIVE:
3A. GENERAL FUND, AIRPORT, AND CAPITAL 3RD QUARTER OF FISCAL YEAR 2025-26 BUDGET UPDATE AND FORECAST
Received and filed.
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”
Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to:

1. Waive the reading of the ordinance text in its entirety and read by title only; and

2. Introduce on first reading Ordinance No. 2130 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”

AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3C. DISCUSSION OF CITY MAYORAL POSITION AND REPORT FROM AD

HOC SUBCOMMITTEE
Received and filed.

PUBLIC COMMENT (Non-Agenda Items):

Michael Joseph Pitkin provided oral testimony.

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4 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 27, 2026, at 10:46 PM.

Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk

B – Page 27 of 633

CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS AND

RESIGNATION ACCEPTANCE FROM THE BUILDING CODE BOARD OF

APPEALS
FROM: Scott C. Stiles, City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:

1. Accept the resignation of Jorge Romero-Lozano from the Building Code Board of Appeals, effective immediately.

2. Reappoint David Parker to the Administrative Appeals Board for a term ending June 30, 2029.

3. Reappoint Richard Llewellyn to the Administrative Appeals Board, as a voting member, for a term ending June 30, 2027.

4. Appoint Antun Barbato to the Administrative Appeals Board, as an alternate, for a term ending June 30, 2028.

5. Appoint Michael Faulkner to the Administrative Appeals Board, as an alternate, for a term ending June 30, 2029.

6. Reappoint Daniel Caldwell, Tracy Martin, and J Craig Fong to the Airport Commission for terms ending June 30, 2029.

7. Appoint Bashar Halabi and Thibault Nardi to the Airport Commission for terms ending June 30, 2029.

8. Appoint David Hyams to the Historic Site Preservation Board for a term ending June 30, 2029.

9. Reappoint Deborah Schwarz to the Library Board of Trustees for a term ending June 30, 2029.

10.Waive the requirements of Palm Springs Municipal Code Section 2.06.010 and reappoint Juanita Garner to the Library Board of Trustees to a one-year term ending June 30, 2027.

C – Page 28 of 633

City Council Staff Report
June 10, 2026 -- Page 2
Boards and Commission Appointments

11.Ratify the nomination of the Palm Springs Unified School District Superintendent and reappoint Jody Diaz to the Parks and Recreation Commission for a term ending June 30, 2029.

12.Reappoint Donald Admire, Jase Nagaia, and Meredith Fine to the Parks and Recreation Commission for terms ending June 30, 2029.

13.Appoint Jacqueline Bowman and Ariel Bishop-Williams to the Parks and Recreation Commission for terms ending June 30, 2029.

14.Appoint Lisaann Dupont to the Parks and Recreation Commission for a term ending June 30, 2027.

15.Reappoint Lauri Kibby and Michelle Loya to the Public Arts Commission for terms ending June 30, 2029.

16.Appoint Will Dean to the Public Arts Commission for a term ending June 30, 2029.

17.Reappoint Bernard Rottner, Kathleen Cohn, Ken Alexander, and Michael Frick to the Sustainability Commission for terms ending June 30, 2029.

18.Appoint Jorge Romero-Lozano, Luke Fannin, Andrew Weiss, David Anderson, and Heidi Garza to the Sustainability Commission for terms ending June 30, 2029.

19.Reappoint Carlos Antonio Alvarez and Mitchell Battersby to the VillageFest Board for terms ending June 30, 2029.

20.Appoint Celia Garton and Michael Slocum to the VillageFest Board for terms ending June 30, 2029.

BACKGROUND:

The Open Recruitment for the City’s Boards and Commissions, conducted annually from March 1st to April 30th, produced successful results. During this cycle, staff received a total of 116 applications from community members interested in serving on the City’s boards and commissions.

The City Council appointed Mayor Soto and Mayor Pro Tem Ready to serve on an Ad Hoc Subcommittee tasked with screening and reviewing applications for vacancies on various Boards and Commissions. The subcommittee provides recommendations for qualified candidates to be considered and appointed by the City Council. The subcommittee's recommendations are detailed above. With this action, there is one (1) unscheduled vacancy within the Building Code Board of Appeals, with a term ending June 30, 2028.

Government Code Section 54974 (a) states, "Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet web site or at the library designated pursuant to Section 54973.” The Office of the City Clerk will initiate publication of a recruitment notice for the unscheduled

C – Page 29 of 633

City Council Staff Report
June 10, 2026 -- Page 3
Boards and Commission Appointments
vacancy on the Building Code Board of Appeals and will commence the process of accepting applications.

Palm Springs Municipal Code Section 2.18.010(b) states that one member of the Parks and Recreation Commission shall be nominated by the Palm Springs Unified School District (PSUSD) Superintendent of Schools. As such, Jody Diaz was nominated by PSUSD Superintendent Funchess (Attachment C), and the recommendation is to reappoint Jody Diaz to the Parks and Recreation Commission.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. Boards and Commission Rosters
B. Resignation Notice from Jorge Romero-Lozano (Email Correspondence) C. PSUSD Superintendent's Nomination of Jody Diaz for the Parks & Recreation Commission

C – Page 30 of 633

ATTACHMENT A
(Board and Commission Roster)

C – Page 31 of 633

ADMINISTRATIVE APPEALS BOARD

Member - District Original Appointment Expires
Patrick Basile* – 3 April 8, 2021 June 30, 2027
David Parker – 2 June 29, 2023 June 30, 2026
Lauren Hein – 3 June 13, 2024 June 30, 2027
Edwin Koren – 2 June 13, 2024 June 30, 2027
Richard Llewellyn (alt.) – 5 June 11, 2025 June 30, 2027 VACANT June 30, 2028
VACANT (alt.) June 30, 2026

AIRPORT COMMISSION

Member – District Original Appointment Expires
Geoffrey Kiehl– City of La Quinta July 9, 2024 June 30, 2027 Keith Young – City of Rancho Mirage March 2, 2023 July 1, 2027 Christian Samlaska – City of Cathedral City July 9, 2024 June 30, 2027 Kevin Wiseman – City of Palm Desert Jan. 13, 2022 June 30, 2028 Dirk Voss – City of Desert Hot Springs Jan. 21, 2025 January 21, 2027 Yadira Perez – City of Coachella March 11, 2026 December 31, 2026 Rick Wise – City of Indio April 1, 2023 March 31, 2029
Margaret Park – County of Riverside July 01, 2023 June 30, 2029 Phil Valdez – City of Indian Wells July 9, 2025 June 30, 2027 Kevin Corcoran* – 5 Dec. 19, 2018 June 30, 2027
Todd Burke* – 4 June 19, 2019 June 30, 2026
Tracy Martin – 1 May 25, 2023 June 30, 2026
Daniel Caldwell – 5 May 25, 2023 June 30, 2026
J Craig Fong – Outside PS May 25, 2023 June 30, 2026
Samantha McDermott – 2 June 13, 2024 June 30, 2028
Robert (Ken) Hedrick – 5 June 13, 2024 June 30, 2027
Bryan Ebensteiner – 2 June 13, 2024 June 30, 2027
Timothy Schoeffler – 3 June 11, 2025 June 30, 2028
VACANT June 30, 2026

HISTORIC SITE PRESERVATION BOARD

Member – District Original Appointment Expires
Jeffrey Herr – 4 June 27, 2023 June 30, 2029
Kurt Bachman – 5 June 27, 2023 June 30, 2029
Katherine Hitchcock – 4 June 06, 2024 June 30, 2027
Michael Paonessa – 5 May 21, 2025 June 30, 2028
Eric McCready – 5 May 21, 2025 June 30, 2028
Larry Yarchever May 19, 2025 June 30, 2029
VACANT June 30, 2029

C – Page 32 of 633

LIBRARY BOARD

Member – District Original Appointment Expires
Al Jones* – 3 July 22, 2021 June 30, 2027
David Norgard* – 2 July 22, 2021 June 30, 2027
Juanita Garner* – 5 July 23, 2020 June 30, 2026
Deborah Schwarz – 5 May 25, 2023 June 30, 2026
Gary Brackett – 1 June 11, 2025 June 30, 2028

PARKS & RECREATION COMMISSION

Member – District Original Appointment Expires
Michael Finland* – 5 July 22, 2021 June 30, 2027
John Miraglia* – 2 April 8, 2021 June 30, 2027
Donald Admire – Sphere of PS May 25, 2023 June 30, 2026 Jody Diaz (PSUSD) – 2 July 10, 2023 June 30, 2026
Rod Davis – 4 July 24, 2023 June 30, 2026
Jase Nagaia – Outside City Sept. 14, 2023 June 30, 2026 Charlie Roddy – 2 June 13, 2024 June 30, 2026
Meredith Fine – 3 June 13, 2024 June 30, 2026
Nancy Ferguson – 5 June 13, 2024 June 30, 2027
Alexandra Phillips – Outside City June 11, 2025 June 30, 2028 VACANT June 30, 2027

PUBLIC ARTS COMMISSION

Member – District Original Appointment Expires
Gary Armstrong* – 5 June 24, 2021 June 30, 2027
Lauri Kibby – 3 June 13, 2024 June 30, 2026
Natasia Gascon – 2 June 13, 2024 June 30, 2027
Jim Lande – 2 July 9, 2024 June 30, 2027
Tina Gonsalves – 4 July 9, 2024 June 30, 2027
Michelle Loya – 1 Feb. 27, 2025 June 30, 2026
Jenan Cameranesi – 4 June 11, 2025 June 30, 2028
Lilly Hanner – 4 June 11, 2025 June 30, 2028
VACANT June 30, 2026

C – Page 33 of 633

SUSTAINABILITY COMMISSION

Member – District Original Appointment Expires
Donald Barrett* – 5 June 24, 2021 June 30, 2027
Prema Walker – 4 May 25, 2023 June 30, 2026
Bernard Rottner – 4 May 25, 2023 June 30, 2026
Kathleen Cohn – 3 June 29, 2023 June 30, 2026
Michael Frick – 5 July 10, 2023 June 30, 2026
Max Dirdah – 1 June 27, 2023 June 30, 2026
Ken Alexander – 1 Dec. 14, 2023 June 30, 2026
Erin Boyd – 1 June 06, 2024 June 30, 2027
VACANT June 30, 2026
VACANT June 30, 2026
VACANT June 30, 2026

VILLAGEFEST BOARD

Member – District Original Appointment Expires
Greg Roberts* – 1 June 24, 2021 June 30, 2027 (Retail) Cheryl Idell – 5 May 25, 2023 June 30, 2026 (Retail)
David Anderson – 2 April 8, 2021 June 30, 2026 (At Large) Carlos Antonio Alvarez – 3 June 29, 2023 June 30, 2026 (Retail) Mitchell Battersby – 4 July 24, 2023 June 30, 2026 (Retail) Bonnie Martin – 3 June 11, 2025 June 30, 2028 (Retail)
Tom Reid – 5 June 11, 2025 June 30, 2028 (Retail)

C – Page 34 of 633

ATTACHMENT B
Resignation Notice from Jorge Romero-Lozano
(Email Correspondence)

C – Page 35 of 633

From: jrl sustainable-ce.com
To: Lindsay Gulla; Dana MacAllister Jr.

Cc: Cassandra Edney; Evelyn Beltran
Subject: Resignation Notice for BCBOA
Date: Tuesday, June 2, 2026 1:06:36 PM
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Dear Dana and Lindsay,
I hope you are both doing well.

I have decided to resign from the BCBOA effective immediately. I appreciate all your efforts and look forward to seeing you around city hall.

Kind regards,
Jorge Romero-Lozano, PE, LEED AP, PMP
Sustainable Civil Engineering
www.sustainable-ce.com

C – Page 36 of 633

ATTACHMENT C
PSUSD Superintendent's
Nomination of Jody Diaz for the
Parks & Recreation Commission

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150 District Center Drive, Palm Springs, CA 92264 | Phone 760-883-2700 | www.psusd.us

Superintendent of Schools, Marcus Funchess, Ed.D.

Board of Education: Karen Cornett, President
Charlie Ervin Jr., Vice President/Clerk | Sergio Espericueta, Member John A. Gerardi, Member |Madonna Gerrell, Member

May 13, 2026

Brenda Pree, City Clerk
City of Palm Springs

David H. Ready, Mayor Pro Tem
City of Palm Springs

Subject: Appointment to the Parks and Recreation Commission

Dear Ms. Pree and Mayor Pro Tem Ready,

The Palm Springs Unified School District respectfully submits the appointment of Ms. Jody Diaz, Assistant Principal of Raymond Cree Middle School, to serve on the City of Palm Springs Parks and Recreation Commission for a three-year term ending June 30, 2029.

Ms. Diaz brings valuable experience working with youth, families, and the broader Palm Springs community, and we believe her participation will contribute positively to the Commission’s work in supporting parks, recreation programs, and community engagement throughout the city.

Thank you for your consideration and continued partnership with Palm Springs Unified School District. Please let us know if any additional information or documentation is required.

Sincerely,

Marcus Funchess, Ed.D.,
Superintendent of Schools,
Palm Springs Unified School District

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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2130 AMENDING CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” TO TITLE 2 SUPERSEDING THE EXISTING CHAPTER 2.45 “HUMAN RIGHTS
COMMISSION” OF THE PALM SPRINGS MUNICIPAL CODE
FROM: Scott C. Stiles, City Manager
BY: Jeremy Hammond, Deputy City Manager
SUMMARY:

This is the second reading of an ordinance amending Chapter 2.45 of the Palm Springs Municipal Code, “Human Rights Commission”.

RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2130 entitled “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” TO TITLE 2 SUPERSEDING THE EXISTING CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” OF THE PALM SPRINGS MUNICIPAL CODE.”
BACKGROUND:

On May 27, 2026, Ordinance No. 2130 was introduced with amendments for first reading, as noted below:

Motion by Councilmember deHarte, Second by Mayor Pro Tem Ready, CARRIED 5 – 0, to: Waive the reading of the ordinance text in its entirety, read by title only, and introduce on first reading Ordinance No. 2130, entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” TO TITLE 2 SUPERSEDING THE EXISTING CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” OF THE PALM SPRINGS MUNICIPAL CODE.”

AYES: Councilmember Bernstein, Councilmember deHarte, Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready

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City Council Staff Report
June 10, 2026 -- Page 2
Second Reading of Ordinance No. 2130 to Amend Human Rights Commission NAYS: None
ABSTAIN: None
RECUSED: None
ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Overarching Principle of Social Equity.

FISCAL IMPACT:

None.

REVIEWED BY:

Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles

ATTACHMENTS:

A. Ordinance No. 2130 – Ordinance Amending Chapter 2.45 of the Palm Springs Municipal Code

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Attachment A
ORDINANCE NO. 2130

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O
RDINANCE NO. 2130
A

N ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, TO ADOPT CHAPTER 2.45 “HUMAN RIGHTS
COMMISSION” TO TITLE 2 SUPERSEDING THE EXISTING
CHAPTER 2.45 “HUMAN RIGHTS COMMISSION” OF THE

PALM SPRINGS MUNICIPAL CODE
C
ity Attorney’s Summary
T
his Ordinance will provide clarity and consistency to Chapter

2.45 of the City’s municipal code, repealing and replacing the current language with updated language to clarify the role of the City’s Human Rights Commission.

W
HEREAS, the City of Palm Springs (“City”) adopted an ordinance to establish the Human Rights Commission in 1992; and
W
HEREAS, since the establishment of the Hum an Rights Commission the City has been a national leader in protecting human rights; and W
HEREAS, the City of Palm Springs recognizes that there are certain rights and privileges afforded to married couples that have historically been denied to same sex couples; and
W
HEREAS, the City of Palm Springs desires to protect certain rights and benefits afforded to married couples should the right to same sex marriage be overturned; and W
HEREAS, the City has adopted various ordinances updating Chapter 2.45 of the City’s municipal code to safeguard the right and opportunity of all persons to be free from all forms of discrimination as defined; and
W
HEREAS, the City Council of the City of Palm Springs wishes to repeal and replace Chapter 2.45 of the City’s municipal code as attached for consistency and clarity purposes;
T

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

S
ECTION 1. Chapter 2.45 of Title 2 entitled “Human Rights Commission” is hereby deleted in its entirety and replaced with Chapter 2.45 “Human Rights Commission” as evidenced in the attached Exhibit A.

S
ECTION 2. If any section, subsection, sentence, clause, or phrase of this

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Ordinance No. 2130

ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

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

NAOMI SOTO
MAYOR
ATTEST:

BRENDA PREE, MMC

CITY CLERK

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Ordinance No. 2130

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2130 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 27, 2026 and adopted at a regular meeting of the City Council held on June 10, 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

CITY CLERK

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Exhibit A

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City of Palm Springs, CA
§ 2.45.010 § 2.45.020

55575.18110\44707972.1

CHAPTER 2.45

HUMAN RIGHTS COMMISSION
§ 2.45.005. Public Policy.

It is declared as the public policy of the City th at it is necessary and ap propriate to protect and safeguard the right and oppor tunity of all persons to be free from all forms of discrimination as that term is defined in this Chapter.
(Ord. 1578 § 1, 2000; Ord. 1920 § 2, 2017)
§ 2.45.010. Definitions.

For the purpose of this chapter:
"Commission" means the Palm Springs human rights commission. "Conciliation" means a voluntary process in which a neutral third party serves as an intermediary between the conflicting parties. The parties may or may not meet directly. "Discrimination" means the treatment of or distinction against a person based on the group, class or category to which that person belongs rather th an on individual merit and contrary to federal, state or local law. Discrimination can include discrimination because of race, religion, color, ancestry, national origin, age, ge nder, sexual orientation, disabi lity, medical c ondition, marital status, parental status, source of income, HIV status, or any other arbitrary factor. "Domestic partnership" means two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring and refers to those persons who have registered as domestic partners pursuant to a va lid and current statement of domestic partnership on file with the city under this Chapter 2.45 and where all of the following requirements are met:
(a) The partnership is between no more than tw o persons, each of whom is eighteen years old or older;
(b) The persons are not related by blood in a way which would prevent them from being married to each other in the state of California;
(c) The persons are not married or a member of another domestic partnership; (d) The persons have agreed to be jointly re sponsible for their co mmon care, welfare and basic living expenses, in that each partner ha s agreed to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself; (e) Each of the persons is competent to enter into a contract or c onsent to the domestic partnership;
(f) Both persons' domiciles are in the city and they share a common residence, but this does not require that the legal right to possess the residence be in both names; (g) Neither person has officially declared to the c ity that he or she has a different domestic partner nor has previously made and concurre ntly maintained such declaration to any other jurisdiction; provided, that any such prior declaration has been terminated; and further provided, that this shall not bar any such concur rent declaration filed with the Secretary of State of California if such declaration is for the same partner at the Palm Springs domicile;

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§ 2.45.010 § 2.45.020

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(h) The persons have been cohabitating for a period of at least six months; and (i) The persons will complete, si gn under penalty of perjury an d personally submit to the city clerk a statement of domestic partnership in the form prescribed under this Chapter

2.45. "Domicile" shall mean the one location the respective person considers to be his or her most settled and permanent location, the place where he or she intends to remain and to which, whenever he or she is absent, to which he or she has he intention of returning. "Mediation" means a voluntary disp ute resolution process in which the parties in conflict meet with a neutral third party in an attempt to resolve the conflict or dispute in a manner that is satisfactory to the parties in conflict.
"National origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity.
"Reasonable cause" means a threshold standard fo r the commission to initiate a conciliation or mediation process. The standard is met when th e investigation of the a lleged unfair or unlawful practice produces sufficient credible evidence th at would cause a reasonab le person of ordinary care and prudence to conclude that the unfair or unlawful practice occurred. "Source of income" means any source of funds obtained through lawful means, including, but not limited to, any form of government financial ai d, alimony payments, or child support payments.

The same financial requirements mu st be applied to everyone regardless of the legal source of income. If a person's income and credit history woul d be considered sufficient if it were received as a salary, it must be considered sufficient from other sources as well. Nothing in this chapter or the provisions thereof shall be construed as prohibiting the conduct of a credit history review and the denial of a benefit or a privilege based thereo n, so long as the credit re view is conducted in a fair and nondiscriminatory manner.
"Unfair" means not fair or conforming to fundame ntal notions of justice, honesty, ethics or the like.
"Unlawful" means any policy or practice which constitutes illegal discrimination as defined in federal, state or local laws.
(Ord. 1426 § 2, 1992; Ord. 1578 §§ 2, 3, 2000; Ord. 1920 § 3, 2017) § 2.45.020. Scope.

This chapter applies to all discriminatory practices and resulting intergroup tensions specifically covered by the provisions of this chapter occurring within the territorial limits of the city or within any governmental agency or any ot her agency under the jurisdiction of the city. No thing in this chapter, however, shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or state law. Nor shall anything in this chapter be implemented in a way that overlaps already existing federal or state programs; rather, federal or state programs shall be utilized, or supplemented when necessary, appropriate, and feasible, to give effect to this chapter.

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City of Palm Springs, CA
§ 2.45.020 § 2.45.030

55575.18110\44707972.1

(Ord. 1426 § 2, 1992)
§ 2.45.030. Human rights commission created—Membership—Powers and duties. (a) Creation.

There is created within the city a human right s commission, consisting of nine members, appointed by the mayor with the approval of the city council, to serve at the pleasure of the city council. Subject to its unfettered legislative discretion, the council will attempt to ensure that sufficient funding and staff are provided to assist the commission in carrying out its duties and responsibilities, and to ensure that the commission reflects the social, ethnic and cultural diversity of the community.
(b) Term—Vacancies.
(1) Members of the commission shall be appointed or removed in accordance with and shall be subject to all of the provisions of Chapter 2.06 of the Palm Springs Municipal Code, as the chapter now reads, or as it may thereafter be amended from time to time.; provided, however, that of the nine members first a ppointed, two shall serv e a term ending June 30, 1994; two shall serve a term ending June 30, 1995; three shall serve a term ending June 30, 1996; and two shall serve a term ending June 30, 1997. Such terms shall be drawn by lot at the first meeting of the commission following the appointment of the nine members.
(2) Notwithstanding the provisions of Chapter 2.06, members whose te rms expire sooner then July 1, 1994, shall be eligible for reappointment to a succeeding full term. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission pursuant to this chapter. (c) Powers and Duties of the Commission. Within the limitations provide d by law, the human rights commission shall:
(1) Conduct programs designed to bring groups t ogether to close gaps resulting from past discriminatory practices a nd to address proactively cu rrent or ongoing intergroup tensions;
(2) Mediate disagreements among individuals, groups and organizations which result from discriminatory practices within the scope of this chapter; (3) Process complaints which cannot be resolv ed through mediation as provided in the procedures which follow;
(4) Render a semiannual written report of its activities to the mayor and council. Such report shall include:
(A) Case histories of conciliation or mediation settlements made under this chapter, the disclosure of which, in the judgment of the commission, will further its objectives, (B) Recommendations to the mayor and counc il of additional actions, policies, procedures or legislation deemed by the commission to be ne cessary to carry out the purposes of this chapter;

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City of Palm Springs, CA
§ 2.45.130 § 2.45.160

55575.18110\44707972.1

(5) Maintain data on practices, activities, hate crimes, and other pr oblems which are the subject of this chapter;
(6)(2) In addition to the other powers and duties set forth in this chapter, the commission shall have the power and duty to:
(A) Prepare and disseminate educational a nd informational material relating to prejudice and discri mination and recommended ways and means of eliminating such prejudice and discrimination,
(B) Furnish cooperation, information, guidance and technical assistance to other public agencies and private persons, organizations and institutions engaged in activities and programs intended to eliminate prejudice and discrimination, (C) Consult and maintain contact with human relations agencies, other public agencies, and local non-profit organiza tions representatives of employers, labor unions, property owners' associations, professional associations, national origin groups, community organizations concerned w ith interracial, interreligious and intercultural understanding, social welfare organizations, and such other private organizations and institutions as the commi ssion shall deem advi sable, to further the objectives of this chapter,
(D) Advise and make written recommendations to the mayor, city council and city manager concerning the development and implementation of programs and practices for the purpose of furthering the object ives of this chapter. Make recommendations to the City Council on priorities for development in the city’s efforts in human rights including social programs and issues facing older adults and other at-risk populations. If necessary, the commission and an agency, board or officer which the commission is assisting shall submit timely reports of progress in establishing and implementing such programs and practices as are from time to time requested by the mayor or city council. The commission shall not have jurisdiction over matters within the authority of ot her city boards and commissions, except under specific direction from the city council,
(E) Investigate, and with the assent of the c oncerned parties, conciliate or mediate all incidents of discrimination within the scope of this chapter to the extent such functions are not within th e responsibilities of the California Fair Employment Practices Commission or any federal, county, state, city or other established agency, and make specific and detailed recommendations to the interested parties as to the method of eliminating such discrimination,
(F)(E) Prepare, encourage and coordinate programs based on established laws, regulations, policies or goals to elimin ate or reduce existing inequalities and disadvantages in the community resulting from past discriminatory practices, (G) Refer for appropriate action any matter s not resolved through conciliation or mediation to the appropriate prosecutorial or regulatory entity pursuant to Section

2.45.040,
(H)(F) Request through the city manager info rmation, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter, (I)(G) Appoint subad-hoc and standing committees of members of the commission

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City of Palm Springs, CA
§ 2.45.130 § 2.45.160

55575.18110\44707972.1

as may be required to address specific human relations problems, and/or advisory committees of members drawn from various seg ments of the Palm Springs population, (H) Support and participate in activities whic h bring together various factions and viewpoints on emerging issues in a way that will help the community to resolve the issues which arise with change.
(I) Support at-risk and vulnerable community members, as identified by the California Department of Fair Em ployment and Housing, through recommended programs, policies and coordinated strategies.
(J) Promote citizen participation through an atmosphere that promotes amicable relations among all members of the community.
(Ord. 1426 § 2, 1992; Ord. 1428 § 1, 1992; Res. 20441 § 1, 2002) § 2.45.040. Referral and mediation of complaints.
(a) The commission shall prescribe a form on which a complaint may be lodged by any individual or entity that an unfair or unlawful practice of discrimination, as defined in Section

2.45.010 of this chapter, has occu rred. Such complaint shall be filed with the commission under the penalty of perjury, and shall initiate the referral and/or mediation and conciliation powers of the commission.
(b) Upon receipt of a verified complaint, th e commission shall conduct such preliminary investigation as is necessary to determine if the allegations thereof fall within the jurisdiction of any federal or state agency, commission or authority. Upon a determination that such federal or state jurisdiction exists, the commission shall refer the complaint to the appropriate state and/or federal agency, commission or au thority, and provide notice of the receipt and referral of the complaint to the complainant and the individual or entity charged in the complaint.
(c) Upon receipt of a verified complaint, the co mmission shall notify both the complainant and the individual or entity charged in the complaint of the availability of the mediation or conciliation services of the commission. If all parties to the complaint agree to participate in voluntary mediation or conciliation, the co mmission shall then conduct such further investigation necessary to determine if reasonabl e cause exists to mediate or conciliate the complaint.
(d) If the commission determines that reasonable cause exists to mediate or conciliate the complaint, the commission shall notify the par ties thereto, and the chair of the commission shall designate one or more commissioners to assi st the parties in their efforts to mediate or conciliate the complaint.
(e) In undertaking to mediate or conciliate the comp laint, the commissions(s) may convene meetings, conferences or such ot her discussions with the partie s (collectively or separately) as is mutually agreed upon. The commissioner(s) shall not undertake a formal or evidentiary hearing or maintain a written record of the co nciliation or mediation proceedings. It is the purpose of this chapter to provi de an informal an d nonconfrontational forum for the parties to mutually resolve the complaint. Such meetings, conferences or discussions as may be held or convened may, upon request of any party, be conducted privately with the public excluded therefrom except to the extent otherwise provided by law.

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§ 2.45.130 § 2.45.160

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(f) The commissioner(s) may assist the parties in discussing the facts in support of or in response to the complaint, may assist the parties in ne gotiating a mutual resolution to the complaint, may offer specific recommendations to the parties as to the disposition of the complaint, and may otherwise assist in the c onciliation or mediation of the complaint as the parties shall mutually agree upon.
(g) If the commissioner(s) cannot assist the parties in reso lving the complaint through conciliation or mediation, the commissioner(s) shall declare an impasse between the parties, which declaration shall terminate the services of the commission and its jurisdiction over the complaint. Thereafter, the commission may advi se the complainant of such appropriate or available remedies as may exist to further pursue the allegations of the complaint. (h) All parties participating in the conciliation or mediation process re tain such legal or constitutional rights, privileges and defense as otherwise exist in law. The participation of the commission in the conciliation or mediation of any complaint shall not be deemed to constitute a decision, finding of fact, judgment or order of the commission, nor shall any statement, recommendation or suggestion of the assigned commissioner(s) be binding upon or admissible in any court in any subsequent proceeding. (Ord. 1426 § 2, 1992)
§ 2.45.050. Individual remedies.

Nothing in this chapter or the provisions thereof shall be construed as granting or denying to an aggrieved individual or entity any additional right to pursue a civil action against any person, firm, partnership, association or corpor ation, or any agency, board or of ficer of the city , or any action allowed under state or federal law.
(Ord. 1426 § 2, 1992)
§ 2.45.060. Meetings.
(a) The commission shall be deem ed an advisory body to the legislativ e body and thus be governed by all procedures of the Ralph M. Brown Act.
(b) The commission shall adopt appr opriate meeting procedures so that meetings will be conducted in accordance with the Brown Act as frequently as necessary to carry out the purposes of this chapter, but no less than once a month. (c) If a member absents himself or herself without advance permission of the commission or the city council from three consecuti ve meetings or twenty-five percent of the duly scheduled meetings within any fiscal year, the chair shall file a certification with the city clerk that such absences have occurred, and his or her office shall thereupon automatically become vacant and shall be filled as any other vacancy.
(d) Five members shall constitute a quorum of the commission, and any ruling, decision or other action of the commission may taken by a majority of thos e members present and voting, provided a quorum is present.
(Ord. 1426 § 2, 1992)
§ 2.45.070. Statement of domestic partnership.
(a) Domestic partners, who meet the qualifications of a domestic partnership under this chapter may make an official record of their domestic partnership by completing, signing and

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§ 2.45.130 § 2.45.160

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submitting in person to the city clerk, on the form prescribed by the city clerk, a "statement of domestic partnership" stating that they meet the requirements of this chapter. (b) The statement shall establish the location of domicile and be signed by both partners under penalty of perjury, with both signatures being notarized. (c) Each domestic partner w ho submits a statement of domestic partnership with the city clerk agrees to notify the city of any change in the status of their domestic partnership. (d) A statement of domestic partnership may be amended to reflect changes, such as a change in address of the partners, by filing in person a new statement of domestic partnership. (e) No person who has a statement of domestic partne rship on file with the city clerk may file another statement of domestic partnership unt il a statement of termination of domestic partnership is filed with the city clerk in accordance with this chapter. (f) No statement of domestic partnership shall be deemed effective unless submitted to the city clerk in accordance with the provisions of this chapter. (f)(g) The rights afforded by Chapter 2.45 of this Co de shall not infringe on any rights afforded those registered as domestic partners by the Secr etary of State of Ca lifornia or conferred upon individuals pursuant to the lega lization of same sex marriage in Obergefell v. Hodges and its progeny.
(Ord. 1578 § 4, 2000)
§ 2.45.080. Termination of domestic partnership.
(a) A domestic partnership is terminated when one of the following occurs: (1) one partner dies or is married, (2) the partners no longer have a common residence, or (3) one partner gives the other written notice by certified mail of termination. Upon the occurrence of such event, at least one former partner shall file with th e city a statement of te rmination of domestic partnership.
(b) Any member of a domestic partnership may terminate the domestic partnership by jointly or unilaterally completing, signing under penalty of perjury and submitting in person to the city clerk a statement of terminati on of domestic partnership in th e form prescribed by the city clerk.
(c) A domestic partnership shall be deemed terminated thirty days after the filing of the statement of termination of domestic partnership and, if applicable, proof th at the statement of termination was either mailed to, served on or personally delivered to the former partner, when such former partner did not appear pers onally in the city to file the statement of termination of domestic partnership.
(d) No termination of domestic partnership shall be deemed effective unless submitted to the city clerk in accordance with the provisions of this chapter. (Ord. 1578 § 4, 2000)

§ 2.45.090. Fees.

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§ 2.45.130 § 2.45.160

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(a) No statement of domestic partnership or statem ent of termination of domestic partnership shall be accepted by the city clerk unless acco mpanied by payment of the filing fee in an amount which may be established from time to time by resolution of the city council. (b) Payment of filing fees shall entitle the person filing the subject statement to have two copies of said statement certified by the city clerk.
(c) The cost of certification of addi tional copies of a statement shall be an amount per copy as established by resolution of the city council.
(Ord. 1578 § 4, 2000)
§ 2.45.100. Maintenance of records—Notary.

The city clerk shall maintain adequate records of all statements of domestic partnership and all statements of termination of domestic partnership along with a register of domestic partnerships.

No statement of domestic partnership or term ination shall be valid and binding without the signature and seal of acknowledgement by a notary public. (Ord. 1578 § 4, 2000)
§ 2.45.110. Legal effect.
(a) Registration as a domestic partner under this chapter shall not be evidence of, or establish, any rights existing under law other than those expressly provided hereunder. (b) The filing of a statement of domestic partnership hereunder shall not change the character of property, real or personal, or in terest in real or personal pr operty owned by either domestic partner or both of them, and the formation of a domestic partnership shall not, in and of itself, create any interest in or rights to, any property, real or personal, owned by the partner in the other partner, including but not limited to, any rights similar to community property rights or "palimony" rights under common law.
(c) The formation of a domestic partnership hereunder shall not change the individual income or estate tax liability of each partner prior to and during the partners hip, unless otherwise provided under another state or federal law or regulation. (d) This chapter is not intended to make the Ca lifornia Uniform Partne rship Act (California Corporations Code Section 15001, et seq.) applicable to domestic partnerships. (e) At the election of the partners , they may enter into a durable power of attorney for any authorized purposes, including but not limited to , health care or the disposition of personal effects at the time of death; provided, that the statement comp lies with the requirements of the Uniform Durable Power of Attorney Act (Article 3, commencing with Section 2475, of Division 3, Part 4, Title 9 of the California Civil Code). (Ord. 1578 § 4, 2000)
§ 2.45.120. Health care facility visitations.

All health care and psychiatric care facilities located in the city, incl uding but not limited to hospitals, convalescent facilities or other long-term care facilities, shall allow a domestic partner of a patient to visit the patient unless the applicable rules of the facility prohibit all visitors. (Ord. 1578 § 4, 2000)
§ 2.45.130. Jail visitation rights.

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§ 2.45.130 § 2.45.160

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A domestic partner of an inmate in the city jail shall be allowed to visit the inmate unless: (1) the applicable rules prohibit all visitors, or (2) the police department decides that a particular visitor is a threat to the security of the jail.
(Ord. 1578 § 4, 2000)
§ 2.45.1340. City applications, licenses and permits.

Persons registered with the city as domestic partners are entitled to file, on behalf of their domestic partner, any applications, approvals , licenses or permits that the c ity allows to be filed for any person by that person's spouse. This includes, but is not limited to, al l business applications, licenses and permits; all pla nning, building and land use applic ations, licenses and permits; all health, safety and regulatory applications , licenses and permits; and all other municipal applications, licenses, and permits, whatsoever.
(Ord. 1578 § 4, 2000)
§ 2.45.1450. Civil actions.

Any person or entity defrauded by a false representation in a statement of domestic partnership, an amendment to such statement or a statement of termination of domestic partnership may bring a civil action against either or both partners pursuant to the laws of the state of California to recover his, her or its actual losses, damages or injuries.
(Ord. 1578 § 4, 2000)
§ 2.45.1560. Reciprocity.

The provisions of and the rights and benefits accorded by this Chapter 2.45 shall be applicable to persons registered as do mestic partners in any other jurisdiction with a comparable domestic partnership enactment.
(Ord. 1578 § 4, 2000)

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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. A8847 WITH SO CAL LAND MAINTENANCE, INC., FOR ROADSIDE MAINTENANCE AND

CLEAN-UP SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve Amendment No. 5 to Agreement No. A8847 with So Cal Landscape Maintenance, Inc., in the amount of $242,424.63 for a revised contract amount not to exceed $1,475,888.12 for roadside maintenance and clean-up services, and extending the term of the contract until June 30, 2027.

RECOMMENDATION:
1) Approve Amendment No. 5 to Agreement No. A8847 (Attachment A) with So Cal Land Maintenance, Inc., to provide roadside maintenance and clean-up services for an additional amount of $242,424.63 for a total revised contract amount not to exceed $1,475,888.12 and extend the term through June 30, 2027; and 2) Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form included as Attachment B, So Cal Land Maintenance, Inc., is registered in the state of California.

BACKGROUND:

The City has historically contracted roadside maintenance and clean-up services. The scope of services consists of cleanup and removal of items and debris dumped throughout the City, including retrieval of abandoned shopping carts. The contractor responds to service requests provided by Public Works staff and monitors assigned street routes for litter pick-up to include the removal of paper, glass, trash, vegetation, and other accumulated debris from City streets, storm drains and the right-of-way.

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City Council Staff Report
June 10, 2026, Page 2
Approve Amendment No. 5 with So Cal Land Maintenance.

On July 1, 2021, City Council approved Agreement No. A8847 (Attachment C) with So Cal Land Maintenance, Inc., to provide roadside maintenance clean-up and retrieval of abandoned shopping carts for an initial three-year term for an amount not to exceed $668,061, with two one-year optional renewal terms.

On August 18, 2022, the City entered into Amendment No. 1 (Attachment D) to modify the Scope of Services, setting the regular work hours to commence at 7:00 am and continue to 2:30 pm Sunday through Saturday; and modify the City’s Holiday Schedule to include Juneteenth.

On April 23, 2024, the City entered into Amendment No. 2 (Attachment D) with So Cal Landscape Maintenance, Inc., for the purpose of adding $72,840 for additional services to include weed abatement provided from October 2023, through February 2024, for a revised contract amount not to exceed $740,901.

On July 1, 2024, the City and Contractor entered into Amendment No. 3 (Attachment D), to exercise the first of two optional one-year renewal terms through June 30, 2025, and implement a 2.8% CPI increase as authorized by Exhibit “D” Schedule of Compensation and update the Bureau of Labor Statistic Consumer Price index (CPI) to the Ontario, Riverside, San Bernardino region, for an increase of $228,934.24, and revised contract amount not to exceed $988,576.96.

On May 14, 2025, the City and Contractor entered into Amendment No. 4 (Attachment D), to exercise second optional one-year renewal term through June 30, 2026, and implement a 2.6% CPI increase as authorized by Exhibit “D” Schedule of Compensation for an increase of $234,886.53 and a revised contract amount not to exceed $1,233,463.49.

STAFF ANALYSIS:

So Cal Land Maintenance, Inc., has been a responsive and responsible contractor working throughout the City, performing clean-up services, including debris removal, vegetation removal, and other items, from City streets, storm drains, and the right-of-way.

Staff intend to solicit bids within the next year to award a new contract for these services.

Staff recommend approval of Amendment No. 5 with So Cal Land Maintenance, Inc., for Agreement A8847 providing for an additional $242,424.63, inclusive of a 3.2% CPI increase from preceding year, and a revised not-to-exceed contract amount of $1,475,888.12, extending the term of the contract through June 30, 2027.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the

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Approve Amendment No. 5 with So Cal Land Maintenance.
whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Funds for these services are budgeted and available in both the current Fiscal Year 2025- 26 and 2026-27 budgets:

Public Works: 1006515-40105
REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Procurement and Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 5 to Agreement No. A8847
B. Public Integrity Disclosure
C. Agreement No. A8847
D. Amendment No’s. 1-4

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ATTACHMENT “A”
Amendment No. 5 To Agreement No. A8847

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AMENDMENT NO. 05 TO THE ROADSIDE AND TRANSIENT MAINTENANCE A8847 BETWEEN THE CITY PALM SPRINGS AND SO CAL LAND

MAINTENANCE, INC

1. Parties and Date.

This Amendment No. 05 to the roadside and transient maintenance is made and entered into as of this 11 th day of June 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and So Cal Land Maintenance, Inc., a California corporation.

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. City and Contractor entered into an agreement titled “ Roadside and Transient Maintenance” dated July 1, 2021 (A8847) for the purpose of retaining the services of Contractor to provide roadside maintenance clean- up and removal of transient camps throughout the City, retrieval of abandoned shopping carts, removal of items and debris dumped within the City limits in an amount no to exceed $668,061.00 and a term of three (3) years.

2.2 First Amendment. City and Contractor entered into Amendment No. 01 to the Agreement, dated August 18, 2022, for the purpose of to modify the Work Hours defined in Exhibit “A” Scope of Services, setting the regular work hours to commence at 7:00AM and continue to 2:30PM Sunday through Saturday; and modifies the City’s Holiday Schedule to include Juneteenth.

2.3 Second Amendment. City and Contractor entered into Amendment No. 02 to the Agreement, dated April 23, 2024, for the purpose of adding $72,840 for additional services including weed abatement provided from October 2023, through February 2024, for a revised contract amount not to exceed $740,901.00.

2.4 Third Amendment. City and Contractor entered into Amendment No. 03 to the Agreement, dated July 1,2024, for the purpose of to exercise the first of two optional one- year renewal terms to continue services through June 30, 2025, and implement a 2.8% CPI increase as authorized by Exhibit “D” Schedule of Compensation and up date the Bureau of Labor Statistic Consumer Price Index (CPI) to the Ontario, Riverside, San Bernardino region, for an increase of $228,934.24, and a revised contract amount not to exceed $988,576.96.

2.5 Fourth Amendment. City and Contractor entered into Amendment No. 04 to the Agreement, dated May 14 th, 2025, for the purpose of exercising the second optional one-year renewal terms to continue services through June 30, 2026, and implement a 2.6% CPI increase as authorized by Exhibit “D” Schedule of Compensation, for an increase of $234,886.53 and a revised contract amount not to exceed $1,233,463.49.

2.6 Amendment Purpose. City and Contractor now desire to amend the A greement to continue services by extending the term through June 30, 2027 and implement a 3.2% CPI increase as authorized by Exhibit “D” Schedule of Compensation, for an increase of $242,424.63 and a revised contracted amount not to exceed $1,475,888.12.

2.7 Amendment Authority. This Amendment No. 05 is authorized pursuant to Section

2.3 of the Agreement.

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3. Terms.

3.1 Amendment. Section 2.1 Maximum Contract Amount of the Agreement is hereby amended in its entirety to read as follows:

“2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by the City in accordance with the Schedule of Compensation, which is attached as Exhibit “D” and incorporated in the Agreement by reference. Compensation shall not exceed the maximum contract amount of On e Million Four Hundred Seventy-Five Thousand Eight Hundred Eighty -Eight and Twelve Cents ($1,475,888.12) (“Maximum Contract Amount”), except as provided under Section 1.8. The method of compensation shall be set forth in Exhibit “D”.

Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of the Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for Attending these meetings. Contractor accepts the risk that the service identified in the Scope of Services may be more costly and/or time- consuming that the Contractor anti cipates the Contractor shall no be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of the City’s payment obligation is reached before the Contractor’s Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum contract Amount.”

3.2 Amendment. Section 3.4 Term of the Agreement is hereby amended in its entirety to read as follows:

“3.4 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 six (6) year s, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties.”

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 05, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 05. From and after the date of this Amendment No. 05, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 05.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 05.

3.4 Severability. If any portion of this Amendment No. 05 is declared invalid, illegal, or

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otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 05 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 05 TO THE ROADSIDE AND TRANSIENT MAINTENANCE AGREEMENT (A8847)
BETWEEN THE CITY PALM SPRINGS AND SO CAL LAND MAINTENANCE, INC.

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

CONTRACTOR:

By: ____________________________ By: ______________________________ Signature Signature

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

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SCHEDULE "A": Rate for Roadside maintenance and transient camp clean-up work based on 8 hours per day, seven days a week per employee and includes all associated costs for the crew. 'Crew' for purposes of this bid is defined as Offerors estimate number

Title: DAY Unit Cost Annual Hours Annual Cost
Crew: 2 51.17 I per/hr. X 2824 hrs. = $ 144,504.08
Vehicle & Supplies: 267.77 per/day X 354 Days = $ 94,790.58

SUBTOTAL $ 239,294.66

SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually.

OVERTIME HOURS:

Schedule "B"
Title: OT Unit Cost Annual Hours Annual Cost
Crew: 2 43.54 per/hr. X 70 hrs. = $3,047.80
Vehicle & 81.63 per/day X 1 day = $ 81.63
Supplies:

SUBTOTAL

$ 3,128.43

Grant Total of Bid Schedules "A and B" (Annual Amount-Year 6) $ 242,424.63 Initial Three-year term $ 686,802.72
Amendment No. 1 $
Amendment No. 2 $ 72,840.00
Amendment No. 3
Amendment No. 4
Amendment No. 5
$ 228,934.24
$ 234,886.53
Revised Contract Amount $ 1,475,888.12

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ATTACHMENT “B”
Public Integrity Disclosure

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1 2
1 3
ATTACHMENT “C”
Contract Agreement A8847
https://publicportal.palmspringsca.gov/WebLink/DocView.a spx?id=1457429&dbid=0&repo=CityHall-Primary&cr=1

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1 4
ATTACHMENT “D”
Amendments 1-4 Agreement A8847
https://publicportal.palmspringsca.gov/WebLink/DocView.a spx?id=1457430&dbid=0&repo=CityHall-Primary

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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 (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 action will approve Amendment No. 2 to Agreement No. 24P168 with CVL Economics LLC, in the amount of $170,250 for a revised contract amount not to exceed $592,830, to provide additional economic development services for implementation activation, code and regulatory review.

RECOMMENDATION:
1) Approve Amendment No. 2 (Attachment A) with CVL Economics LLC for Economic Development Services including Implementation Activation, Code and Regulatory Review for an additional amount of $170,250 and a revised contract amount not to exceed $592,830;
2) Authorize the City Manager and City Attorney to make non-substantive changes to the document and execute the contract.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure Form (Attachment B) CVL Economics LLC is registered in the state of California.

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3 BACKGROUND:

The EDSF established a comprehensive set of principles, initiatives, and over ninety action items intended to guide economic development over the next decade.

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:
Convention Center (Underway)
Code and Regulatory Review
Business Process Audit
Economic Technology Hub
Fiscal Toolkit (Hotel TOT Incentive Updated)
Business District Development (7 Districts Established – Arenas, Smoketree, Rim Rock, SODA, Tahquitz, Downtown, Uptown Arts & Design (pending) On June 11, 2025, the City entered into Amendment No. 1 (Attachment C), which approved the addition of $47,500 to provide additional economic development analysis, study and plan implementation services, while EDSF approval was pending, for a revised contract amount not to exceed $422,580.

STAFF ANALYSIS:

Implementation Framework
Implementation of the EDSF is structured so the activation priorities as well as the action items act as a coordinated, parallel effort, rather than a strictly linear process.

Key principles guiding implementation include:

Distributed Execution. Action items identified in the EDSF will be advanced through staff-led initiatives, community partners and working groups, Subcommittee and Council Liaison direction, and ad hoc advisory efforts.

Parallel Progression. While activation priorities provide structure, action items will continue to advance concurrently, rather than waiting for completion of any single priority.

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.

Sequencing of Activation Priorities. The Code and Regulatory Review is being advanced first among the remaining activation priorities because its outputs

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3 directly shape the design and feasibility of the others. Regulatory structure determines what the Business Process Audit can streamline, what tools the Fiscal Toolkit can deploy, what services the Economic Technology Hub can offer, and what development conditions the Business District work must operate within.

Sequencing this review first reduces the risk of building downstream priorities on regulatory assumptions that are ineffective.

Role of CVL Economics
CVL Economics, as the author of the EDSF, is uniquely positioned to:
Maintain continuity between strategy and implementation 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 implementation support, with a focus on delivering tangible regulatory outcomes. Retaining the original strategy author for implementation preserves institutional knowledge of the EDSF's analytical foundation and stakeholder context, and avoids the cost and delay of onboarding a new consultant to material CVL Economics already authored.

Scope of Work
The contract term spans twelve months (May 2026–April 2027). June 2026 is reserved for contract execution, kickoff, and mobilization, with substantive work organized across four phases:
Phase 1 – Diagnostic Scan (Jun–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.

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3 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.

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.

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:

On July 25, 2024, City Council approved a Contract Services Agreement (Attachment D) with CVL Economics LLC to provide economic development consulting services in an amount not to exceed $375,080 The Economic Development Strategic Plan portion of the contract totals $123,250. The Airport Economic Impact Study portion of the contract is for $251,830 for a three-year term, with two one-year options to renew at the City’s sole discretion.

Amendment No. 1 increased it by $47,500 to $170,750. Amendment No. 2 will increase it by an additional $170,250, bringing the economic development planning and implementation portion of the overall contract to $341,000.

The Airport Economic Impact Study portion remains unchanged.

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3 The table below summarizes these figures:

EDSF* Airport EIS** Running Total
Base Contract $ 123,250 $ 251,830 $375,080
Amendment No. 1
(Term extension)
$ 47,500 $0 $422,580
Amendment No. 2
(Implementation)
$ 170,250 $0 $592,830
Subtotal Subtotal Total Updated
Contract Value
$ 341,000 $ 251,830 $592,830
*EDSF is managed by Econ Dev staff and CVL Economics
**Airport EIS is managed by Airport staff and Unison-UCG Funding is available within the FY2026 Economic Development appropriated 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. 2 to 24P168
B. Public Integrity Disclosure Form
C. Amendment No. 1 to 24P168
D. Original Economic Development Contract Service Agreement (24P168)

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ATTACHMENT A
AMENDMENT NO. 2
24P168

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AMENDMENT NO. 2 TO THE ECONOMIC DEVELOPMENT CONTRACT
SERVICES AGREEMENT (24P168)

1. Parties and Date.

This Amendment No. 2 to the Contract Services Agreement for Economic Development Consulting Services is made and entered into as of this 24th day of June 2026 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.”

2. Recitals.

2.1 Agreement. City and Contractor 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 in an amount not to exceed $375,080, for an initial term commencing on July 29, 2024, and ending on July 28, 2027.

2.2 Amendment No. 1. City and Contractor entered into Amendment No. 1 on June 11, 2025, to modify the scope of work to provide additional economic development analysis, study and plan implementation services for an additional amount of $47,500, and a revised contract amount not to exceed $422,580.

2.3 Amendment Purpose. City and Contractor now desire to amend the A greement to expand the scope of services to include implementation support of the Economic Development Strategic Framework for an additional amount of $170,250, for a revised contract amount not to exceed $592,830.

2.4 Amendment Authority. This Amendment No. 2 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 $592,830 ($341,000 for the EDST and $251,830 for the EIS).

3.2 Amendment. Exhibit “A” Scope of Services of the Agreement is hereby amended to incorporate Attachment “A” attached hereto and incorporated herein by reference.

3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2 . From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

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3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No.2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO.2 TO THE ECONOMIC DEVELOPMENT CONTRACT SERVICES AGREEMENT (24P168).

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

CONTRACTOR:

By: ____________________________ By: ______________________________ Uday Ram, CVL Economics CVL Economics

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _6/24/206______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager

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ATTACHMENT “A”

SCOPE OF SERVICES

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ATTACHMENT B
Public Integrity Disclosure
Form

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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity

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

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

________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
CVL Economics LLC
8306 Kirkwood Drive, Los Angeles, CA 90046
California
Uday Ram
Adam J. Fowler

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

Uday Ram
50%, CVL Economics LLC
50%, CVL Economics LLC
Adam J. Fowler
Uday Ram, Founding Partner
06/25/24

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ATTACHMENT C
AMENDMENT NO. 1 TO
24P168

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ATTACHMENT D
Original Agreement 24P168

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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 provid e 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.

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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 a ny 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

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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 thirt y (30) days written notice to Contractor. W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of terminati on, Contractor shall immediately cease all 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 princi pal 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.

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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 in surance 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 dire ctly 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 time s 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 th e 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 tot al 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

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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 pursuan t to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require t he same of any subcon tractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all 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

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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 pertainin g in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this 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 Ci ty, 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 rea dily 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 constructio n 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

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of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of 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 d irect 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 a rising 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

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including without limitation the provision of benefits, relating t o 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, an d 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 s ections 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 Beneficiar y. 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.

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12. COMPLIANCE WITH ECON OMIC SANCTIONS IN RE SPONSE 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]

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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

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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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 nea r-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 in form 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 varie ty 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 a nalysis 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.

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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 De velopment 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; defin e 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.

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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 G reater 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 e quity 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 f rom 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.

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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 ec onomic 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 Airp ort 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 busi ness 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;
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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 dev elop 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.

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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 o f 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
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breakdown b y 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 growt h 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-the- industry 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 economi c 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 retu rn 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 real - estate (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 econo mic benefits across various sectors and population groups.

3. Data Analysis and Verification:

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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).

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 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, Objecti ves, 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 f rames 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);
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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 Ec onomic 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 t he 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 objec tives, strategies, goals and tactics that the City will incorporate into its Economic Development work plan;
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 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 stu dy 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, a nd incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

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EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancella tion. 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 requir ed under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($ 1,000,000.00) 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 (e rrors 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

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

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

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its electe d 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.

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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.

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EXHIBIT “C”

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Exhibit “D”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 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
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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

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FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:

Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.

Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or im provements 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 invo lves 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

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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 n otification 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; an d the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

Reference: 41 CFR Part 60-4

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FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
 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 produc t; 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 build ing materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

Reference: Title 49 USC § 50101
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FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.

REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from parti cipating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

Reference: 49 USC § 47123
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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non - discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100 -259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public a nd 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 (4 9 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 Perso ns 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

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reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

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

Compliance with Nondiscrimination Requirements:

During the performance of this contract, the 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 Nondiscr imination 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 t he 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 requi red 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 w ill so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

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

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

Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicabl e standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401 -7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceeds $150,000.

Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251

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FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one -half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.

Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.

Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.

Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples i nclude 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, includ ing 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 wit hout payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

3. Withholding for Unpaid Wages and Liquidated Damages.

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The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.

4. Subcontractors.

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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FAA – 09 Copeland Anti-Kickback

APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or publ ic works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.

Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.

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 defi ned 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 inclu de 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 Con tractor 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.

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FAA – 10 Davis Bacon Requirements

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

Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exc eed $ 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 $2,0 00, 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 Secret ary 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 co sts 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

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compensated at the rate specified for each classification for the time actually worked therein:

Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. T he 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 un der 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 benefi ts, 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, Wa shington, 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 w age rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
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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, advan ce, 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 therea fter 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 contributio ns 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 weekl y 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

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Division Web site at https://www.dol.gov/agencies/whd/government-contracts/construction/payroll- certification 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 vi olation 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 For m 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 f unds.

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.

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(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 apprenti ce. 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. I f 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 accep table 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 w hich 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 determina tion 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 th e 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

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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 a ny 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 shal l 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 th at 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 thi s 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).

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(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.

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

REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

A11.3.2 Lower Tier Contract Certification

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the terminatio n 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.

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in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.

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

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

REQUIREMENT -

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

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

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

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

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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug -Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.

Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)

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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is t o provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.

The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.

Contract Types –
Construction – all construction contracts and subcontracts as required above.

Equipment – all equipment contracts as required above that involv es installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – all professional service agreements as required above.

Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.

REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compen sation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orient ation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207

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applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s no ncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance:

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

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

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

Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207

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d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR part 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Homet own Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has emp loyees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

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

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

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6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street applicant and min ority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Co ntractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Di rector when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral proce ss has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207

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

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8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be assert ed as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minoriti es and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

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

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

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

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

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

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207

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easily understandable and r etrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

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

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

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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.

All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.

Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms em ploy individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.

REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Contractor has full responsibility to monitor compliance to the referenc ed statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

Reference : 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, g rant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.

For an award over $100,00, the bidder or offeror certifies by signing and subm itting this bid or proposal, to the best of his or her knowledge and belief, that:
 No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.  If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
 The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orie ntation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub -tier purchase orders containing the Equal Employment Opportunity clause.

Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.

Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Examples include the installat ion of noise monitoring equipment.

Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Examples include demolition of structures or installation of boundary fencing.

REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207

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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This pr ovision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

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

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

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

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

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

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

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

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

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

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

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

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

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

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

A23.3.2 Construction Contracts

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

Reference: 49 CFR Part 41
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