Palm Springs City Council
August 26, 2026

(BB&K 2024)
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 23I320

BETWEEN THE CITY PALM SPRINGS AND AVIATRIX COMMUNICATIONS, LLC

1. Parties and Date.

This Amendment No. 3 to Contract Services Agreement No. 23I320 is made and entered into as of this 1st day of September 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Aviatrix Communications, LLC, a California Limited Liability Company. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. City and Contractor entered into an agreement titled “Contract Services Agreement No. 23I320” dated September 1, 2023 (“Agreement”) for the purpose of retaining the services of Contractor to provide website support and maintenance services for the Palm Springs International Airport in an amount not to exceed of $65,258 and a term commencing on September 1, 2023, and ending on August 31, 2025.

2.2 Amendment No. 1. City and Contractor entered into Amendment No. 1 to the Agreement, dated September 1, 2025, for the purpose of revising the scope of services, increase compensation in the amount of $72,334 for a revised not to exceed amount of $137,592, and extend the term for one year, commencing on September 1, 2023, and ending on August 31, 2026.

2.3 Amendment No. 2. City and Contractor entered into Amendment No. 2 to the Agreement, dated February 18, 2026, for the purpose of revising the scope of services to perform additional website accessibility services and increase compensation in the amount of $45,000 for a revised not to exceed amount of $182,592.

2.4 Amendment Purpose. City and Contractor now desire to amend the Agreement to revise the scope of services, increase compensation in the amount of $44,750 for a revised not to exceed amount of $227,342, and extend the term for one year, commencing on September 1, 2023, and ending on August 31, 2027.

2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.3 of the Agreement.

3. Terms.

3.1 Amendment. Section 1.1 Scope of Services of the Agreement is hereby amended to include services described in Exhibit “A3” attached hereto and incorporated herein by reference.

3.2 Amendment. Section 3.1 Compensation of Contractor 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 “A3”. The total amount of Compensation shall not exceed $227,342 for the Term.”

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(BB&K 2024)

3.3 Amendment. Section 4.4 Term of the Agreement is hereby amended in its entirety to read as follows:
“4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue for a period of four years, commencing on September 1, 2023, and ending on August 31, 2027, unless extended by mutual written agreement of the Parties”.

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

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55575.18100\42913029.1

(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 23I320 BETWEEN THE CITY PALM SPRINGS AND AVIATRIX COMMUNICATIONS, LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: ____________________________
Signature
Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

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

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55575.18100\42913029.1

(BB&K 2024)
EXHIBIT “A3”

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55575.18100
\42913029.1

(BB&K 2024)

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ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE FORM

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other 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 ____________________________________
Aviatrix Communications,,,,,,,, LLC 111111111111111111111111666622222222 Caminito Vista Pacifica,,,,,,,, San Diego,,,,,,,, CA 9992222222211111111333333311111111 California ■ Kathryn Franco Jones
■ Owner

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

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

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

Kathryn Franco Jones 11111111000000000000000000%%%% owner,,,,,,,, Aviatrix Communications 0000000007777////////222222227777////////22222222000000000222222226666

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ATTACHMENT C
AGREEMENT NO. 23I320 WITH

AVIATRIX COMMUNICATION, LLC

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Revised 4.13.23 Page 1 of 67
CONTRACT SERVICES AGREEMENT NO. 23I320

AVIATRIX COMMUNICATIONS, LLC
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on September 1, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Aviatrix Communications, 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 a Contractor, for website support and maintenance for the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide website support and maintenance for the Palm Springs International Airport, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).

Exhibit "A" includes the agreed upon schedule of 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 $65,258 for the two year term.

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 hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

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

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

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

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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 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 upon issuance of notice to proceed and for a period of two years, unless extended by mutual written agreement of the Parties.

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

5. COORDINATION OF WORK

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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: Kathryn Franco Jones, Owner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

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

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the

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

Name: Title:

Rosemary Barnes Public Relations Manager
Crystal Heavers Creative Developer
Kathryn Franco Jones Owner
Cheryl Brown Marketing Manager
Kyle Elliott Digital Developer

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

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE

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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.

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 adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

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

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

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

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

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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: Aviatrix Communications, LLC
Attention: Kathryn Franco Jones
11162 Caminito Vista Pacifica
San Diego, CA 92131

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

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

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

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

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

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

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

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

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

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

13. FEDERAL PROVISIONS
Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With 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 AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND AVIATRIX COMMUNICATIONS, 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 Corporations)
Date: Date: CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ______ Item No. ______
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

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

10/26/2023 1M

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EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance

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Service:

Website support and maintenance for the Palm Springs International Airport Website.

Scope:

Website Security Monitoring and Patch Updates
Site Tracking in Real-Time, Tracking Users Logins, Uptime, Malware Scanning, Increased Traffic, Security Patch Releases for Plugins and Themes, Detections in New Treats and Vulnerabilities and Daily Security Updates
Three Hours per Month to Upload Content Updates, Image Refreshes, Uploading New Documents, Etc.

Monthly Website Maintenance
Content Improvements
Maintain Brand Integrity
Secure, Cloud-Based Monthly Hosting Services
Enterprise-Grade Hosting that Delivers Lighting Fast Scalable, Highly Available and Secure Experiences
Pre-Planned Content Updates
Updates and Modifications to Website within a Reasonable Time Frame Hosting Capabilities Include:

Dedicated cloud based scalable solution
Data center redundancy
Automated nightly backups
40GB of storage (scaled as needed)
Development, staging and production environments
Two-factor authentication
Disaster recovery
5TB data transfer
4 CPU Cores
Dedicated IP
SSL certificate for each site
Dedicated security engineering team
PHP 7.4+ / PHP 8.0 and HTTP/2 Enabled
Global CDN for uptime protection, speed boost, and enhanced security Secure dedicated server with real-time threat detection Enhanced site security with DDoS protection, web application firewall, SSL/TLS at the network edge
Annual Licenses Include:

Interactive Geo Maps Pro (Route Mapper)
Formidable Forms Pro
Business Hours Indicator

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Elementor Pro (WordPress Program)
Accessibility Compliance Monitoring
Ninja Tables Pro (website tables and directories)
TSA Wait Times API
WP Mail SMTP (website contact forms, responses)
Fees:

ITEM RATE
Monthly website maintenance for
flyspsp.com
$400 monthly x 2 years = $9,600
Monthly website hosting for flypsp.com $350 monthly x 2 years = $8,400 Pre-planned content updates $42,000 onetime charge that covers 2 years = $42,000

ANNUAL LICENSES RATE
Interactive Geo Maps Pro (Route Mapper) $40 x 2 years = $80 Formidable Forms Pro $350 x 2 years = $700
Business Hours Indicator $50 x 2 years = $100
Elementor Pro (WordPress program) $40 x 2 years = $80
Accessibility Compliance Monitoring $600 x 2 years = $1,200 Ninja Tables Pro (website tables and
directories)
$50 x 2 years = $100
TSA Wait Times API $1,400 x 2 years = $2,800
WP Mail SMTP (website contact forms,
responses)
$99 x 2 years = $198
Total $65,258
Website maintenance hours in excess of three (3) hours per month are $200, billed in 15- minute increments.

Additional duties not specifically listed in the above scope shall be performed at the staff hourly rate of $200.

Service Credits: If Contractor fails to meet the agreed-upon service levels for uptime or response time, that may arise due to actions or circumstances beyond the Contractors control, City may be eligible for service credits as determined by Aviatrix Communications.

Warranty:

Warranty of the website, its functionality, and its compliance will be voided if they City utilizing any third party for website maintenance or updates.

Contractor warrants flypsps.com website to be free from defects in workmanship and code for the term of the Agreement.

Warranty will remain valid for 30 days following website launch date should no Agreement be in effect.

Unauthorized interventions void warranty.

During the warranty period, Contractor will rectify any defects covered under this warranty at no additional cost.

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Contractor must be notified through support ticketing system at https://aviatrixcommunications.com/support/ within 14 days of discovering the defect.

Warranty does not cover issues arising from:
a. Third-party APIs and data feed related integrations. b. Components not developed by Contractor.
c. Unauthorized modifications, updates, or maintenance services performed by third parties.
d. User error or misuse of the website.
e. Any other factors beyond Contractors reasonable control.

Priority Levels:

Contractor to prioritize support and maintenance requests based on the following priority levels:

Priority 1: Critical Issues - Issues that significantly impact the functionality or accessibility of the website. Contractor will respond promptly and allocate necessary resources to resolve these issues within 4 hours.

Priority 2: Urgent Issues - Issues that require attention but do not have an immediate critical impact on the website’s functionality. The Contractor will respond to and address these issues within 8 hours.

Priority 3: General Requests - Non-urgent requests for updates, modifications, or general support. The Contractor will address these requests within a reasonable timeframe, considering the monthly allocated hours.

Copyright:

Final Products created by the Contractor for the public facing website will be entirely owned 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 cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

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

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

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
________ 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 X

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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 to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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

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

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

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured
” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

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

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

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

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

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

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

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

This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

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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 2.8.2023

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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

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

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38

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FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

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

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

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

Equipment – any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).

Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined by the U.S.

Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).

Property/Land – any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.

REQUIREMENTS -

1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables
Goals for minority participation for each trade: DOES NOT APPLY Goals for female participation in each trade: 6.9%
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

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uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

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

Reference: 41 CFR Part 60-4

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

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)

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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:

Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.

Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.

REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

Reference: Title 49 USC § 50101

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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 participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

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

Reference: 49 USC § 47123

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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination

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because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

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

Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

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

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b. Cancelling, terminating, or suspending a contract, in whole or in part.

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

Reference: 49 USC § 47123, FAA Order 1400.11

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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.

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

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

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

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

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

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

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

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

Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

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

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

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

3. Withholding for Unpaid Wages and Liquidated Damages.

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

4. Subcontractors.

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

Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704

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FAA – 09 Copeland Anti-Kickback

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

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

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).

Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.

Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

REQUIREMENT - Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part

3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5

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FAA – 10 Davis Bacon Requirements

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

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

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.

Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

Fencing Projects – Fencing projects that exceed $2,000 must include this provision.

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination

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for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:

Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

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(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding. The Federal Aviation Administration or the CIty shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to

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include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

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

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour

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Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.

7. Contract Termination: Debarment.

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

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

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

9. Disputes Concerning Labor Standards.

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

10. Certification of Eligibility.

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

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

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141- 3144, 3146, and 3147

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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.

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

A11.3.2 Lower Tier Contract Certification

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

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

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

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

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

Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689

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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.

Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.

The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City. Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.

Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required

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

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

Reference: 49 CFR part 26

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

REQUIREMENT -

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

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

Reference: Executive Order 13513, DOT Order 3902.10

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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.

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

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216

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

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

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

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

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

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

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

Professional Services – all professional service agreements as required above.

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

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

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to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or 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 noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance:

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

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;

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b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.

Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

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

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

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

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procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

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

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

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and

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apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all

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personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

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

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

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

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

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

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

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

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

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

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

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

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

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

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

Reference: 29 USC § 201, et seq; 2 CFR § 200.430

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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also 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 submitting this bid or proposal, to the best of his or her knowledge and belief, that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

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

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A

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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

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

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

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

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

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

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

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1

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

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

Reference: 29 CFR part 1910

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

Construction and Equipment – all construction and equipment projects.

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

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

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

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

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)

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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

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

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

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

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

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

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

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

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

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

A23.3.2 Construction Contracts

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

Reference: 49 CFR Part 41

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FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

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

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

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

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

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09

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FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

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

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

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

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

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

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against

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Revised 4.13.23 Page 65 of 67
U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

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

Reference: 49 USC § 50104, 49 CFR part 30

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Revised 4.13.23 Page 66 of 67
FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)

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Revised 4.13.23 Page 67 of 67
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)

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ATTACHMENT D
AMENDMENT NO. 1 TO AGREEMENT NO. 23I320

WITH AVIATRIX COMMUNICATIONS, LLC

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CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JUNE 1 THROUGH JULY 31, 2026
FROM: Scott C. Stiles, City Manager
BY: Procurement and Contracting
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through July 31, 2026.

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are approved by the City Manager, or such other delegated authority, pursuant to the signature authority. Palm Springs Municipal Code §7.01.04(8) requires a monthly report to be submitted to the City Manager.

These records do not indicate the issuance of payments, but the approval of agreements and purchase orders. The original contract documents are on file in the Office of the City Clerk, and purchase orders are on file in the Procurement and Contracting Department.

REVIEWED BY:

Procurement and Contracting Manager: Tabitha Richards
City Manager: Scott Stiles
ATTACHMENTS:

A. City Manager or designee authorized agreements for June & July 2026 B. Purchase orders for June & July 2026

Q – Page 706 of 1230

ATTACHMENT A
Contracts
June - July 2026

Q – Page 707 of 1230
STAFF AUTHORIZED AGREEMENTS JUNE 1, 2026 - JULY 31, 2026 DEPARTMENT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT TOTAL

AVIATION
DEPARTMENT 26C113 EMERGENCY GENERATOR MAINTENANCE SERVICE S QUINN POWER SYSTEMS $ 40,810.00

AVIATION
DEPARTMENT 26I148 ENVIRONMENTAL WATER TESTING AND MONITORING TIDAL VISION PRODUCTS, INC $ 14,778.56

AVIATION
DEPARTMENT 26I150 PEER REVIEW OF AIRPORT MASTER PLAN DOCUMENTS TERRA NOVA PLANNING AND RESEARCH INC $ 11,250.00

ECONOMIC
DEVELOPMENT 26I121 MARKETING CONSULTANCY SERVICES JDBB CONSULTING, LLC $ 10,000.00

ENGINEERING
SERVICES 26S116 RECYCLED WATER EXPANSION FEASIBILITY EVALUATION LARRY WALKER ASSOCIATES $ 37,000.00

ENGINEERING
SERVICES 26I125 CONSTRUCTION TESTING SERVICES CP 18-06 LANDMARK CONSULTANTS, INC $ 13,000.00 FIRE DEPARTMENT 26I115 PURCHASE AND INSTALLATION OF SCBA AIR SYSTEM COMPRESSED AIR SPECIALITIE S $ 51,776.92
HUMAN
RESOURCES 26I100 PRODUCTION SERVICES FOR BENEFITS FAIR 2027 LIVING IT UP, LLC $ 7,808.00 HUMAN
RESOURCES 26S155 PROFESSIONAL SERVICES FOR HR WOODRUFF & SMART APC $ 35,000.00 INFO
TECHNOLOGY 26S102 SOFTWARE SUPPORT AND MAINTENANCE PSPD CAD/RM S CYRUN $ 81,121.25
INFO
TECHNOLOGY 26S105 DESK OFFICER REPORTING SYSTEM SOFTWARE LEXISNEXIS COPLOGIC SOLUTIONS, INC. $ 39,060.00 INFO
TECHNOLOGY 26I153 GALE SOFTWARE CALIFA GROUP $ 11,816.00 INFO
TECHNOLOGY 26I157 ELECTRIC DOOR STRIKES REPLACEMENT AT PS P VORTEX INDUSTRIES, LLC $ 1,720.00
LIBRARY 26I117 REUPHOLSTERY SERVICES FOR WELWOOD LIBRARY DESIGN COLLECTIVE GROUP, INC. $ 8,000.00

RECREATION
DEPARTMENT 26I119 DJ SERVICES FOR SPECIAL EVENTS

LUIS AZARCOYA DBA SOUTHERN CALIFORNIA DJ COMPAN
Y
$ 2,745.00

STAFF AUTHORIZED AGREEMENTS JUNE 1, 2026 - JULY 31, 2026 DEPARTMENT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT TOTAL

RECREATION
DEPARTMENT 26I120 ENTERTAINMENT SERVICES FOR 4TH OF JULY FLOXBOX ENTERTAINMENT $ 4,300.00

RECREATION
DEPARTMENT 26I140 INFLATABLES FOR JULY 4TH EVENT DESERT PARTY COMPANY $ 2,490.00

RECREATION
DEPARTMENT 26I145 PROFESSIONAL DEVELOPMENT WORKSHOP INNERGEM LLC $ 3,500.00

RECREATION
DEPARTMENT 26I154 CHARTER BUS SERVICE FPR PICNIC GARY CARDIFF ENTERPRISES $ 3,050.40

SUSTAINABILIT
Y 26S108 GREENHOUSE GAS INVENTOR
Y PLACEWORKS INC. $ 74,995.00

ATTACHMENT B
Purchase Orders
June - July 2026

Q – Page 710 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
27000013 DOWNTOWN PUBLIC RESTROOMS DTPS C-15 LLC $ 43,523.39 27000055 PURCHASE SKATE PARK EQUIPMENT KEEN RAMPS INC $ 14,914.81 27000166 24B223; PORTABLE RESTROOM SERVICES DIAMOND ENVIRONMENTAL SERVICES LP $ 2,986.28 CITY MANAGER 27000178 25S447 25S447; EH&SM COMPLIANCE SOFTWARE SIMPLIFY COMPLIANCE LLC $ 21,137.55 25000263 24I152: ONLINE LOST AND FOUND PROGRAM FOR
PSP
LIFF HAPPENS INC $ 2,042.00
26000630 25I265: EPL EVALUATION SERVICES DUFFERIN CONSULTING SOLUTIONS INC $ 39,054.00 26001067 CITY ADOBE RENEWAL IT1 SOURCE LLC $ 28,591.83
26001547 A9194 DELL MONITORS FOR CITY STOCK DELL MARKETING LP $ 6,600.38 26001549 CANON PRINTER FOR JOJ CDW GOVERNMENT INC $ 1,228.22 26001554 OWL CAMERA FOR PARKS & REC CDW GOVERNMENT INC $ 1,128.62 26001555 BLUEPRINCE DATA CONVERSION MEMORY

HARDWARE
B & H PHOTO $ 1,017.77
26001559 26C094; PSP ISILON SERVER SUPPORT AGREEMENT INSIGHT PUBLIC SECTOR INC $ 14,006.37 26001560 24B203 ANNEX BUILDING CABLING VETERANS COMMUNICATION SERVICES INC
$ 4,442.45
26001561 24S072; ANNUAL SUBSCRIPTION-LIBSOFT PLUS

SOFTWARE
LYNGSOE SYSTEMS INC $ 4,242.00
26001564 APPLE MAC STUDIO INSIGHT PUBLIC SECTOR INC $ 3,491.44 26001574 PRINTER FOR RECREATION B & H PHOTO $ 382.10
26001577 HANDHELD BARCODE SCANNER FOR PSPD CDW GOVERNMENT INC $ 1,484.82 26001594 24B203 PSP ADMIN BUILDING CABLE RUNS VETERANS COMMUNICATION SERVICES INC
$ 24,297.99
26001595 TV FOR DEPUTY CITY MANAGER CDW GOVERNMENT INC $ 524.93 26001596 26S093; SAFETY ENFORCEMENT AND MANAGEMENT

SOFTWARE
MANOJ CHITRE $ 38,300.00
26001607 PSP DISPLAY REPLACEMENT CDW GOVERNMENT INC $ 3,766.12 26001627 IPADS FOR CITY CLERKS DEPT CDW GOVERNMENT INC $ 21,214.75 26001634 SOPHOS FIREWALL AND LICENSE CDW GOVERNMENT INC $ 998.54 26001640 26S102; CYRUN SOFTWARE MAINTENANCE AND

SUPPORT
CYRUN $ 81,121.25
26001642 WIRELESS LOCKS FOR PUBLIC WORKS IT1 SOURCE LLC $ 12,295.16 26001644 APPLE MAC STUDIO INSIGHT PUBLIC SECTOR INC $ 5,766.39 26001658 26C042; BRIGHTLY ASSET ESSENTIALS FOR PUBLIC
WORKS
BRIGHTLY SOFTWARE INC $ 39,708.73

INFO TECHNOLOGY

A/CITY MANAGER ADMIN

24B223
A7169
24I152
25I265
26C094
24S072
26S093
26S102
26C042

Q – Page 711 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
27000007 GOODS & SUPPLIES FOR THE IT DEPARTMENT - FY 26- 27 AMAZON.COM SALES INC $ 19,000.00
27000009 24B203 FIRE STATION 5 CAMERA AND ACCESS CONTROL

CABLING

VETERANS COMMUNICATION SERVICES
INC
$ 15,009.36
27000010 24B203 FIRE STATION 3 CAMERA AND ACCESS CONTROL

CABLING

VETERANS COMMUNICATION SERVICES
INC
$ 18,561.08
27000011 24B203 FIRE STATION 1 CAMERA INSTALLATION VETERANS COMMUNICATION SERVICES INC
$ 5,246.71
27000012 24B203 FIRE STATION 2 ACCESS CONTROL AND CAMERA

CABLING

VETERANS COMMUNICATION SERVICES
INC
$ 36,419.43
27000014 ANNUAL CDR SOFTWARE LICENSE CRASH DATA GROUP INC $ 1,500.00 27000018 24B203 CITY FIBER BUILD PROJECT VETERANS COMMUNICATION SERVICES INC
$ 100,823.97
27000022 FIRE STATION 3 CAMERA AND ACCESS CONTROL
(HARDWARE
IT1 SOURCE LLC $ 38,052.28
27000023 CH AND PSP FORTINET LICENSE RENEWALS IT1 SOURCE LLC $ 32,731.25 27000036 FIRE STATION 1 CAMERA AND ACCESS CONTROL
(HARDWARE
IT1 SOURCE LLC $ 41,310.29
27000037 FIRE STATION 2 CAMERA AND ACCESS CONTROL
(HARDWARE
IT1 SOURCE LLC $ 61,857.25
27000046 A9324 OFFICE SUPPLIES FOR INFORMATION TECHNOLOGY ODP BUSINESS SOLUTIONS $ 5,000.00 27000049 24B203 BADGING OFFICE TO GTC NEW TRENCH & IDF VETERANS COMMUNICATION SERVICES INC
$ 18,657.36
27000051 MITEL PHONES FOR CITY AND PSP STOCK ATLAS SYSTEMS INC $ 1,316.55 27000068 24S148; CIVITA APP ANNUAL RENEWAL RATTLE TECH LLC $ 7,134.73 27000073 23S154; OCLC ANNUAL SUBSCRIPTION RENEWALS
Y4/5

OCLC ONLINE COMPUTER LIBRARY

CENTER INC
$ 38,122.82
27000074 25S200: PLACER.AI SUBSCRIPTION PLACER LABS INC $ 26,460.00 27000089 23I236 23I236: CAPIRA MOBILE APP Y3/3 OCLC ONLINE COMPUTER LIBRARY

CENTER INC
$ 4,043.58
27000094 WHATS UP GOLD RENEWAL CDW GOVERNMENT INC $ 9,364.00 27000100 FIREWALLS FOR CITY LOCATIONS AMS.NET LLC $ 54,080.00 27000101 25B396 COMMUNITY MEETING 1 @ MIZELL TRIPEPI SMITH AND ASSOCIATES INC $ 2,962.50 27000102 24S213; COMMUNITY PLUS SUBSCRIPTION RENEWAL
Y3/3
LIGHTHOUSE HEALTH AND WELLNESS $ 800.00
27000125 23S208; TOTALTRACK INVESTIGATION SYSTEM LEADSONLINE LLC $ 8,873.00 27000126 PURCHASE ADDITIONAL IT POLOS SCARLIGHT LLC $ 417.51 27000127 23S207; NEARMAP RENEWAL Y4/4 NEARMAP US INC $ 10,000.00

24S148
23S154
25S200
24S213
23S208
23S207

Q – Page 712 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
27000128 A9202 A9202: PSP PAGING SYSTEM RENEWAL IED SUPPORT SERVICES LLC $ 32,000.00 27000143 23S165; PSP VISITOR PASS SOFTWARE RENEWAL Y4/5 APTAERO INC $ 38,340.00 27000148 FREEGAL MUSIC SUBSCRIPTION FOR PSPL Y5/5 LIBRARY IDEAS $ 8,038.00 27000149 23C169; AUTOMOX COMPLETE SUBSCRIPTION Y3/3 CARAHSOFT TECHNOLOGY CORPORATION $ 16,050.00 27000160 25C175 25C175: PSP COMMON USE PASSENGER PROCESSING SYSTEM
CARAHSOFT TECHNOLOGY CORPORATION $ 117,052.42
27000167 26I153; GALE SOFTWARE CALIFA GROUP $ 3,874.00
27000172 25S236; SITEIMPROVE SOFTWARE Y2/5 SITEIMPROVE INC $ 6,029.16 27000173 MOBILE ACTIVENET STATION HARDWARE AMS.NET LLC $ 11,373.53 27000177 26S105; DESK OFFICER REPORTING SYSTEM LEXISNEXIS COPOLOGIC SOLUTIONS INC $ 13,020.00 27000189 DEMUTH VERKADA CAMERAS IT1 SOURCE LLC $ 42,959.18 27000190 FRESHSERVICE ANNUAL RENEWAL CARAHSOFT TECHNOLOGY CORPORATION $ 26,690.40 CITY CLERK 27000067 A9324 OFFICE SUPPLIES FOR THE OFFICE OF CITY CLERK ODP BUSINESS SOLUTIONS $ 10,000.00 26001646 A9084; SHORT-TERM RENTAL COMPLIANCE SERVICES NEUMO RECORDS LLC $ 23,175.03 27000008 A9324 OFFICE SUPPLIES, GENERAL ODP BUSINESS SOLUTIONS $ 10,000.00 26001618 26I100; EVENT PRODUCTION SERVICES LIVING IT UP $ 7,808.00 27000060 A9324 OFFICE SUPPLIES, GENERAL ODP BUSINESS SOLUTIONS $ 5,000.00 27000072 FURNITURE: OFFICE ERGO NOMIC DESK CHAIRS SHEEHAN'S OFFICE INTERIORS INC $ 2,805.38 27000081 23P167 MISCELLANEOUS SERVICES, NO. 1 (NOT OTHERWISE CLASS
MOSAIC PUBLIC PARTNERS LLC $ 26,000.00
SUSTAINABILITY 27000170 PROMO ITEMS FOR SUSTAINABILITY EVENTS AND

OUTREACH
DESERT PROMOTIONAL EMBROIDERY LLC $ 7,415.14
26001556 26I029; COST ALLOCATION PLAN SERVICES WILLDAN FINANCIAL SERVICES $ 7,500.00 26001670 25F444; AGREEMENT FOR DISBURSEMENT AND USE

OF FUND

THE FIRST BAPTIST CHURCH OF PALM

SPRINGS
$ 100,000.00
27000053 A9324 OFFICE SUPPLIES FOR FINANCE DEPARTMENT ODP BUSINESS SOLUTIONS $ 20,000.00 27000174 PURCHASE OFFICE FURNITURE FOR HEATHER CAIN ODP BUSINESS SOLUTIONS $ 4,142.05 27000058 A9324 A9324; OFFICE SUPPLIES - PROCUREMENT &

CONTRACTING
ODP BUSINESS SOLUTIONS $ 1,500.00
27000063 GOODS AND SUPPLIES FOR THE PROCUREMENT DEPT. AMAZON.COM SALES INC $ 5,000.00

COMMUNITY

DEVELOPMENT
27000082 26P043; CDBG ON-CALL ADMINISTRATIVE

CONSULTING SVS
THE RAMSAY GROUP $ 91,422.00

PROCUREMENT &

CONTRACTING

FINANCE DEPARTMENT

SPECIAL PROGRAMS

COMPLIANCE

HUMAN RESOURCES

23S165
23C169
26I153
25S236
26S105
A9084
26I029
25F444
26P043

Q – Page 713 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL

PARKS MAINTENANCE
(DoMF)
27000134 25C138 BUCKET TRUCK TRAINING UNITED RENTALS $ 1,195.00 26001553 26I096; MERMAID AND PIRATE PERFORMER VIRGINIA HANKINS $ 3,000.00 26001557 PEE WEE REC CLASSROOM LAKESHORE PARENT LLC $ 12,368.13 26001558 PURCHASE SHELVES, CABINET, SIGNS, DOLLY&PALLET RAC
ULINE $ 12,526.95
26001562 CLOTHING: ATHLETIC, CASUAL, DRESS, UNIFORM,
WEATHE
DESERT PROMOTIONAL EMBROIDERY LLC $ 1,133.80
26001578 PURCHASE UMBRELLAS - SWIM CENTER MARINE RESCUE PRODUCTS INC $ 900.45 26001593 A9296 TOW SOUNDSTAGE FROM CITY YARD TO TAHQUITZ PLAZA TOWING INC $ 1,195.46 26001620 DRUM SQUAD POLOS DESERT PROMOTIONAL EMBROIDERY LLC $ 1,238.68 26001621 PURCHASE ADA STAIRS HERITAGE POOL SUPPLY GROUP INC $ 11,032.39 26001623 PURCHASE POOL IMPELLERS WATERLINE TECHNOLOGIES INC $ 6,701.91 27000028 A9296 DROP OFF SOUND STAGE TO SUNRISE PARK JULY 4TH 7:30
PLAZA TOWING INC $ 1,195.46
27000033 25C138 TRAILER RENTAL- MOVE PARADE BARRICADES JULY 4TH
UNITED RENTALS $ 317.92
27000054 26I120; JULY 4, 2026 ENTERTAINMENT. CHELSEA O'NEIL $ 4,300.00 27000091 26I140; INFLATABLE WATER SLIDES FOR JULY 4 EVENT PALM SPRINGS PARTY COMPANY LLC $ 2,490.00 27000118 A9324 OFFICE SUPPLIES, GENERAL ODP BUSINESS SOLUTIONS $ 22,000.00 27000131 25I136; FIREWORKS FOR JULY 4 & NOVEMBER 11,
2026
PYRO SPECTACULARS INC $ 90,000.00
27000133 25C138 FALL PROTECTION TRAINING UNITED RENTALS $ 1,195.00 27000147 26I119; DJ SERVICES FOR VARIOUS PARKS & REC
EVENT
LUIS AZARCOYA $ 2,745.00
27000171 25C130; UNIFORM RENTAL AND CLEANING SERVICES UNIFIRST CORPORATION $ 4,528.50 26001617 26I117; REUPHOLSTERY LOUNGE CHAIRS AT WMML DESIGN COLLECTIVE GROUP INC $ 7,893.62 27000002 A9324 OFFICE SUPPLIES, GENERAL FOR PSPL ODP BUSINESS SOLUTIONS $ 5,000.00 27000003 A9324 OFFICE SUPPLIES, GENERAL FOR WMML ODP BUSINESS SOLUTIONS $ 2,000.00 27000005 PURCHASE OF GENERAL SUPPLIES/LIB. MATERIALS AMAZON COM $ 5,000.00 27000070 PURCHASE OF GENERAL SUPPLIES/LIB. MATERIALS AMAZON.COM SALES INC $ 5,000.00

LIBRARY

RECREATION

DEPARTMENT

26I096
26I120
26I140
25I136
26I119
25C130
26I117

Q – Page 714 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
27000096 OVERDRIVE RENEWAL FOR FISCAL YEAR 2026-2027 OVERDRIVE INC $ 10,000.00 27000103 FOPSL GRANT FUNDING AMAZON ZIP BOOKS

PROJECT
AMAZON.COM SALES INC $ 8,330.65
27000144 PURCHASE OF LIBRARY MEDIA MATERIALS. MIDWEST TAPE INC $ 62,500.00 27000145 PURCHASE OF PRINT LIBRARY MATERIALS BRODART CO $ 120,000.00 26001600 TRAFFIC CITATIONS FOR PSPD PROFORMA SOCAL $ 1,636.80 26001647 A9163; UNIFORMS, EQUIPMENT, GEAR, AND VESTS GALLS LLC $ 40,000.00 27000001 MATERIALS & SUPPLIES FOR PSPD AMAZON.COM SALES INC $ 10,000.00 27000004 A9324 A9324: OFFICE SUPPLIES FOR POLICE DEPARTMENT ODP BUSINESS SOLUTIONS $ 45,000.00 27000006 25I274; WATER & WATER DISPENSER SERVICES (PSPD) QUENCH USA INC $ 2,924.64 27000030 TWO (2) DONGLE'S FOR DISPATCH PC'S MOTOROLA SOLUTIONS INC $ 3,599.35 27000095 OPEN EAR WRAP AROUND HEADPHONES THE EARPHONE CONNECTION INC $ 3,995.91 27000139 BLACK NITRILE GLOVES PALMFLEX INC $ 3,607.68
26001563 A9324; OFFICE FURNITURE ODP BUSINESS SOLUTIONS $ 5,149.87 26001597 PRESSURIZED WATER EXTINGUISHERS DESERT FIRE EXTINGUISHER CO INC $ 1,772.69 26001598 PPE FOR NEW HIRE FIREFIGHTERS ALLSTAR FIRE EQUIPMENT INC $ 5,008.97 26001608 26I115; NEW SCBA AIR SYSTEM COMPRESSED AIR SPECIALTIES INC $ 51,776.92 27000069 A9324 OFFICE SUPPLIES FOR FIRE DEPARTMENT ODP BUSINESS SOLUTIONS $ 12,000.00 27000075 A9176 FIRE STATION #5 JANITORIAL SUPPLIES & REPAIR SVCS
WAXIE'S ENTERPRISES LLC $ 4,500.00
27000076 A9176 FIRE STATION #4 JANITORIAL SUPPLIES & REPAIR SVCS
WAXIE'S ENTERPRISES LLC $ 5,000.00
27000077 A9176 FIRE STATION #3 JANITORIAL SUPPLIES & REPAIR SVCS
WAXIE'S ENTERPRISES LLC $ 5,000.00
27000078 A9176 FIRE STATION #2 JANITORIAL SUPPLIES & REPAIR SVCS
WAXIE'S ENTERPRISES LLC $ 10,000.00
27000079 A9176 FIRE STATION #1 JANITORIAL SUPPLIES & REPAIR SVCS
WAXIE'S ENTERPRISES LLC $ 7,500.00
27000083 MATERIALS & SUPPLIES FOR FIRE DEPARTMENT AMAZON.COM SALES INC $ 15,000.00 27000119 26P092; DEVELOPMENT OF EMERGENCY EVACUATION
PLAN
KJ CONSULTANTS INC $ 49,900.00
27000122 TWO (2) CONSOLETTE (RECORDER) UPGRADES MOTOROLA SOLUTIONS INC $ 1,893.08 27000142 CONEX CONTAINER FOR ARFF FOAM STORAGE AZTEC TECHNOLOGY CORPORATION $ 11,866.74 27000164 SWIFT WATER RESCUE HARDWARE NATIONAL SAFETY SERVICES INC $ 3,144.50

FIRE DEPARTMENT

POLICE DEPARTMENT

A9163
25I274
A9324
26I115
26P092

Q – Page 715 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001643 26S08; CONSULTING SRVS FOR PROHOUSING

DESIGNATION
PLACEWORKS $ 29,985.00
27000021 A9324 OFFICE SUPPLIES ODP BUSINESS SOLUTIONS $ 5,500.00 BUILDING & SAFETY 27000193 A9324 OFFICE SUPPLIES FOR BUILDING & SAFETY ODP BUSINESS SOLUTIONS $ 2,000.00 26001575 24P380; CP 22-19, FIRE STATION NO. 1 HARRIS AND ASSOCIATES INC $ 8,250.00 26001619 23P041; CP 26-01, CWA SERVICES TSG ENTERPRISES, INC. $ 11,750.00 26001641 26S116; RECYCLED WATER EXPANSION FEASIBILITY
EVAL.

LARRY WALKER ASSOCIATES INC $ 37,000.00
26001648 26I125; CP 18-06, VICTORIA PARK RESTROOM LANDMARK CONSULTANTS INC $ 13,000.00 27000153 A9324 OFFICE SUPPLIES FOR ENGINEERING SERVICES

DEPARTMEN
ODP BUSINESS SOLUTIONS $ 2,000.00
26001570 24B361 PSP FLOW TEST FIRE HYDRANT DESERT FIRE EXTINGUISHER CO INC $ 3,549.95 26001571 23B128 PSP UNITED AIRLINES BAGGAGE DOOR REPAIR

SERVICES
SOUTH COAST INDUSTRIAL DOOR INC $ 1,752.50
26001572 25B157 PSP STORAGE ROOMS REKEYED ABLE SECURITY INC $ 952.73 26001573 A9190 PSP VEHICLE TOWING SERVICES MOHICA TOWING $ 1,000.00 26001582 PSP SUPPLIES FOR EMERGENCY RESPONSE TRAINING DISASTER MANAGEMENT SYSTEMS INC $ 603.05 26001583 25P030; APPRAISAL-TWO PROPERTIES (SCE & BOX
CLUB))
CBRE INC $ 9,000.00
26001588 24B230 PSP AIRFIELD RUBBER REMOVAL AND PAINTING WGJ ENTERPRISES $ 6,250.00 26001590 25B195 PSP GLASS REPLACEMENT FOR ALASKA TICKET

COUNTER
EMD CONSTRUCTION INC $ 7,672.60
26001591 A9001 PSP PEST CONTROL SERVICES THE LLOYD PEST CONTROL $ 700.00 26001592 24B361 PSP REPLACE 4 FIRE HYDRANTS DESERT FIRE EXTINGUISHER CO INC $ 23,306.72 26001603 PSP DIASTER COMMUNICATIONS EQUIPMENT -

FEDERAL
HRO INC $ 5,207.67
26001604 PSP EMERGENCY RESPONSE SUPPLIES SOS SURVIVAL PRODUCTS INC $ 1,818.93 26001605 PSP EMERGENCY RESPONSE SUPPLIES SOS SURVIVAL PRODUCTS INC $ 3,377.88 26001606 PSP LOOP ROAD REPLACEMENT LIGHTING POLES DESERT ELECTRIC SUPPLY $ 4,033.45 26001610 PSP DIASTER COMMUNICATIONS EQUIPMENT HRO INC $ 4,910.39 26001632 24B361 PSP FIRE SPRINKER - FLOWSWITCH - LEAK FROM DRAIN
DESERT FIRE EXTINGUISHER CO INC $ 877.79
26001637 26C113; PSP EMERGENCY GENERATOR MAINT

SERVICES
QUINN COMPANY $ 40,810.00
26001638 PSP EMERGENCY RESPONSE SUPPLIES SOS SURVIVAL PRODUCTS INC $ 395.19 26001654 PSP PERIMETER GATE SIGN REPLACEMENT BEST SIGNS INC $ 4,271.68

AVIATION DEPARTMENT

PLANNING

ENGINEERING - PUBLIC
WORKS

24P380
23P041
26S116
26I125
25P030
26C113

Q – Page 716 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001657 PSP ASSESSMENT AND DIAGNOSTIC SERVICES FOR
OVDS
DELTA SCIENTIFIC CORPORATION $ 2,832.00
26001665 A9276 PSP RADIO REPAIR BATTERIES AIRWAVE COMMUNICATIONS

ENTERPRISES INC
$ 5,156.62
26001666 24B030 PSP VEHICLE INSPECTION PLAZA REMODEL EMD CONSTRUCTION INC $ 42,439.80 26001668 PSP PURCHASE 30' CARGO CONTRAINER WITH ROLL
UP DOO
AZTEC TECHNOLOGY CORPORATION $ 6,207.59
26001669 PSP EMERGENCY RESPONSE SUPPLIES - KIMBERLY

THOMPSO
KIMBERLY A THOMPSON $ 1,886.35
27000047 A9253 PSP CARD READERS REPLACEMENT FOR CART

MACHINES
JULIO G ESCOBEDO JR $ 3,204.37
27000048 25C405 PSP PORTABLE A/C UNIT FOR TSA CHECKPOINT SUNBELT RENTALS INC $ 3,212.34 27000062 A9391 PSP CONSULTING SERVICES FOR MASTER PLAN MEAD AND HUNT INC $ 49,756.00 27000065 26C101; PSP RODENT PEST ELIMINATION SERVICES ECOLAB INC $ 80,205.21 27000080 23I095 PSP DBE CONSULTING SERVICES ACC CONSULTING LLC $ 15,400.00 27000090 PSP YORK CHILLER PARTS REFRIGERATION SUPPLIES DISTRIBUTOR $ 2,303.36 27000092 PSP AIRFILED SIGNAGE ADB SAFEGATE AMERICAS $ 3,087.14 27000097 24B177 PSP FLOOR CARE SERVICES BUBBLES CARPET CLEANING LLC $ 2,754.00 27000158 23B204 PSP INSTALL 30 LF OF 6' CHAIN LINK RED HAWK SERVICES INC $ 4,347.53 27000159 24B361 PSP REPLACE AND REPAIR FIRE HYDRANTS DESERT FIRE EXTINGUISHER CO INC $ 6,453.15 27000163 PSP PURCHASE SHORING SAFETY EQUIPMENT KUNDEL DIRECT INC $ 6,578.78 27000176 23B206 PSP TROUBLESHOOT OFFICE RECEPTACLES M BREY ELECTRIC INC $ 441.00 27000182 23S081 23S081: PSP AIRBADGE SERVICES AIRBADGE LLC $ 92,232.00 27000185 A9324 PSP EMERGENCY RESPONSE SUPPLIES ODP BUSINESS SOLUTIONS $ 1,150.00 27000186 26I148 PSP ENVIRONMENTAL WATER MONITORING AND

TESTING
TIDAL VISION PRODUCTS INC $ 7,389.28
27000188 PSP WATER TREATMENT MATERIALS ECONOMIC ALTERNATIVES INC $ 3,353.98 26000071 24C126: UNIFORM RENTAL AND CLEANING SERVICES UNIFIRST CORPORATION $ 18,691.76 26001550 A9145 A9145 CARPET FOR HR CONFERENCE ROOM MOHAWK COMMERCIAL INC $ 3,571.28 26001551 26B040M 26B040M; KITCHEN FIRE SUPPRESSION SYSTEM SRVC CALL
DESERT FIRE EXTINGUISHER CO INC $ 1,059.03
26001552 26B040M 26B040M; ANNUAL FIRE EXTINGUISHER

MAINTENANCE SRVC
DESERT FIRE EXTINGUISHER CO INC $ 6,463.54
26001567 25B216 25B216 REPLACE COMPRESSOR FOR FLEET BUILDING RIVCO MECHANICAL SERVICES INC $ 6,713.00 26001569 24B022 24B022 TESTING AT PD TERRACON CONSULTANTS INC $ 2,808.00

FACILITIES MAINTENANCE

26C101
24C126

Q – Page 717 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001579 A6772; OPERATION AND MAINTENANCE - WWTP
SOLAR
TESLA ENERGY OPERATIONS INC $ 4,807.00
26001580 24I261; LIVE BEE REMOVAL AND RELOCATION

SERVICES
AA BEEKEEPER INC $ 1,775.00
26001581 26B040M 26B040M SEMI-ANN. KITCHEN FIRE SUPPRESSION

SERVICE
DESERT FIRE EXTINGUISHER CO INC $ 1,246.85
26001585 26B040M 26B040M; EMERGENCY CALL OUT TO THE POLICE

STATION
DESERT FIRE EXTINGUISHER CO INC $ 1,565.00
26001586 24B387 24B2387 CITY YARD EV CHARGERS AARON HAN $ 62,770.00 26001587 26B040M 26B040M HALON SYSTEM RECHARGE PD DESERT FIRE EXTINGUISHER CO INC $ 17,769.04 26001589 25B057 25B057; RENOVATION FOR DIR OF ECONOMIC

DEVELOPMENT
DESERT VALLEY RESTORATION INC $ 8,306.92
26001602 25B057 25B057; REMODEL WORK FOR PUBLIC WORKS CITY YARD
DESERT VALLEY RESTORATION INC $ 32,134.56
26001612 26B040M 26B040M FIRE SPRINKLER REPAIRS STATION 5 DESERT FIRE EXTINGUISHER CO INC $ 1,624.97 26001613 26B040M 26B040M FIRE SPRINKLER REPAIRS BELARDO GARAGE DESERT FIRE EXTINGUISHER CO INC $ 4,824.48 26001614 26B040M 26B040M; ANNUAL MAINTENANCE FIRE STATIONS 1,2,3,4,
DESERT FIRE EXTINGUISHER CO INC $ 2,458.60
26001615 26B040M 26B040M FIRE SPRINKLER REPAIRS ANIMAL SHELTER DESERT FIRE EXTINGUISHER CO INC $ 8,610.20 26001616 26B015 26B015; MAINTENANCE, SERVICING AND REPAIRS COPS
ADVANTAGE TOTAL PROTECTION INC $ 3,986.38
26001625 24P381; SECONDARY ACCESS TO JOJDH PARK ENGINEERING RESOURCES OF SOUTHERN CA INC
$ 62,430.00
26001628 26B040M 26B040M NEW BACKFLOW FOR MIZELL SENIOR CENTER
DESERT FIRE EXTINGUISHER CO INC $ 2,028.75
26001631 A9043 A9043; SEMI ANNUAL DOOR INSPECTION ALLEGION ACCESS TECHNOLOGIES LLC $ 900.00 26001635 24Q195;CITY OF PALM SPRINGS MONUMENT

SIGNAGE DESIG
KIMLEY HORN AND ASSOCIATES INC $ 39,500.00
26001636 24Q195; PALM SPRINGS STADIUM DUGOUT

DRAINAGE PROJE
KIMLEY HORN AND ASSOCIATES INC $ 48,000.00
26001639 24P381; IMPROVEMENTS FOR PALM CANYON

THEATER

ENGINEERING RESOURCES OF SOUTHERN
CA INC
$ 48,990.00
26001645 25B057 25B057; EMERGENCY SERVICE FOR WATER LEAK AT JOJDH
DESERT VALLEY RESTORATION INC $ 9,395.44
26001649 26B044 26B044; CITY WIDE PEST CONTROL SERVICES ON THE FLY SERVICES INC $ 1,876.00

A6772
24I261
24P381
24Q195
24Q195
24P381

Q – Page 718 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001650 26B044 26B044; ADDITIONAL WORK FOR THE POLICE

SUBSTATION
ON THE FLY SERVICES INC $ 250.00
26001651 25I148; INSTALL TEMPERED GLASS AT CITY HALL MIRROR AND GLASS WORKS INC $ 3,071.00 26001652 25I148; SPECIAL PROGRAMS OFFICE DOOR

REPLACEMENT
MIRROR AND GLASS WORKS INC $ 665.00
26001660 A9230 A9230; SERVICE WORK ON UNIT 931 GERGIS YOUSEF $ 300.00 26001663 24P015 24P015; FACILITY APPRAISAL AND CONDITION

ASSESSMEN
BBG INC $ 50,000.00
26001675 24I261; BEE REMOVAL AND RELOCATION AT CITY
HALL
AA BEEKEEPER INC $ 650.00
27000015 25C162 25C162; PURCHASE OF MRO MATERIALS FOR PUBLIC WORKS
LOWES COMPANIES INC $ 75,000.00
27000016 A8470 A8470; PALM SPRINGS AIRPORT TROUBLESHOOTING OPTERRA ENERGY SERVICES LLC $ 6,473.00 27000017 26B040M 26B040M POLICE DEPARTMENT SPRINKLER REPAIRS DESERT FIRE EXTINGUISHER CO INC $ 5,848.91 27000019 26B040M 26B040M SPRINKLER REPAIRS CITY HALL DESERT FIRE EXTINGUISHER CO INC $ 15,491.14 27000020 26B040M 26B040M FLEET SPRINKLER SYSTEM SERVICE DESERT FIRE EXTINGUISHER CO INC $ 1,039.00 27000024 24C126; UNIFORM RENTAL AND CLEANING SERVICES
YR 3/
UNIFIRST CORPORATION $ 19,626.35
27000026 26C018; PURCHASE OF PAINT AND PAINT SUPPLIES THE SHERWIN WILLIAMS COMPANY $ 10,000.00 27000027 A6868; CONVENTION CENTER POWER PURCHASE
2026-27
TESLA ENERGY OPERATIONS INC $ 100,000.00
27000034 26C057 26C057; ELEVATOR REMODEL FOR THE PARKING

STRUCTURE
OTIS ELEVATOR COMPANY $ 129,780.00
27000038 25C283 25C283; PURCHASE OF MRO MATERIALS FOR PUBLIC WORKS
WW GRAINGER INC $ 70,000.00
27000039 26B044 26B044; MONTHLY CITY-WIDE PEST CONTROL

SERVICES
ON THE FLY SERVICES INC $ 15,000.00
27000040 25B057 25B057 RELOCATE ACM OFFICE DOOR DESERT VALLEY RESTORATION INC $ 7,339.69 27000041 26C057 26C057; PROVIDE MONTHLY SERVICES FOR

ELEVATORS
OTIS ELEVATOR COMPANY $ 20,000.00
27000042 25B282 25B282 ROOF INSPECTIONS CITY WIDE AL MILLER AND SONS ROOFING INC $ 15,000.00 27000043 25I380 25I380; PRIMO BRANDS WATER DISPENSERS &

WATER SRVC
BLUETRITON BRANDS INC $ 6,500.00
27000052 A9324 A9324 OFFICE SUPPLIES FOR PUBLIC WORKS ODP BUSINESS SOLUTIONS $ 12,000.00 27000084 24B291 24B291 REPAIR OVERHEAD DOOR FOR FIRE STATION #2
GMAT INC $ 2,432.00

25I148
25I148
24I261
24C126
26C018
A6868

Q – Page 719 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
27000085 24B291 24B291 PREVENTIVE MAINTENANCE FOR OVERHEAD DOORS
GMAT INC $ 900.00
27000086 24B291 24B291 REPAIR OVERHEAD DOOR FOR FIRE STATION #4
GMAT INC $ 2,032.00
27000087 26B040M 26B040M SERVICE COMMERCIAL HOODS FOR CITY

KITCHENS
DESERT FIRE EXTINGUISHER CO INC $ 3,975.00
27000088 25C048 25C048 GENERATOR RENTAL FOR CHL ANNEX & CITY YARD
UNITED RENTALS $ 7,674.64
27000098 24P381; TASK ORDER 14 CONCEPTS FOR LOT G ENGINEERING RESOURCES OF SOUTHERN CA INC
$ 11,065.00
27000099 26C095; HOT WATER PIPE REPAIR MUNI COGEN
PLANT
MESA ENERGY SYSTEMS INC $ 132,414.77
27000104 25B283 25B283 ROOF/GUTTER REPAIR FOR CITY FLEET BLDG. KRGS ROOFING INC $ 5,314.54 27000105 24B387 24B387 NEW CONDUIT AND CIRCUIT PALM CANYON AARON HAN $ 14,800.00 27000107 24B387 24B387 LIVE CIRCUIT TRACE CITY HALL LOBBY AARON HAN $ 6,400.00 27000108 26B015 26B015 SERVICE LOPEZ EXH., ANIMAL SHELT, &

LEISURE
ADVANTAGE TOTAL PROTECTION INC $ 1,925.00
27000109 24B387 24B387 CITY WIDE AUTOMATIC TRANSFER SWITCH INSP.

AARON HAN $ 3,550.00
27000110 24B291 24B291 PREVENTIVE MAINTENANCE FOR OVERHEAD DOORS
GMAT INC $ 2,050.00
27000111 24B290 24B290 CLEAN, REPAIR, AND PAINT ALEJO BLOCK WALL
UNITED PAINT AND COATINGS CO $ 13,945.75
27000112 26B015 26B015; PROVIDE MONTHLY ALARM MONITORING

SERVICES
ADVANTAGE TOTAL PROTECTION INC $ 90,000.00
27000114 25B057 25B057 JOJ STOREFRONT DOOR REPLACEMENT DESERT VALLEY RESTORATION INC $ 33,903.91 27000115 24B290 24B290 PAINT LEISURE CENTER EXTERIOR UNITED PAINT AND COATINGS CO $ 28,318.75 27000116 24B290 24B290 PAINT JOJ UNITY CENTER UNITED PAINT AND COATINGS CO $ 34,413.75 27000121 SHIRTS AND HATS FOR PUBLIC WORKS DESERT PROMOTIONAL EMBROIDERY LLC $ 6,042.62 27000123 DRIVES TO REPAIR ANIMAL SHELTER AIR HANDLERS REFRIGERATION SUPPLIES DISTRIBUTOR $ 3,317.35 27000124 PORTABLE AC UNIT TO BE USED FOR OUTAGES CITY
WIDE
ALLIED REFRIGERATION INC $ 837.94
27000132 24P382; CITY HALL LANDSCAPE RESTORATION

DESIGN PRO
KIMLEY HORN AND ASSOCIATES INC $ 140,500.00

24P381
26C095
24P382

Q – Page 720 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
27000135 23B104 23B104 UPFITTING PD UNITS 181, 308, 321, & 175 BLACK AND WHITE EMERGENCY VEHICLES $ 20,965.13 27000136 25B217 25B217 REPLACE DUCTWORK AT CITY YARD EMD CONSTRUCTION INC $ 16,583.00 27000137 25C443 25C443; PURCHASE OF MRO MATERIALS FOR PUBLIC WORKS
HOME DEPOT USA INC $ 40,000.00
27000140 PURCHASE OF MX FUEL SEWER DRUM MACHINE ECH TOOLS LLC (MATCO TOOL

DISTRIBUTOR)
$ 9,177.00
27000141 COMMUNICATION REPEATERS PELICAN SYSTEM CITY
WIDE
REFRIGERATION SUPPLIES DISTRIBUTOR $ 1,616.25
27000151 25B216 25B216 FLEET & STORAGE DUCTLESS SPLIT INSTALL RIVCO MECHANICAL SERVICES INC $ 17,603.00 27000152 26B015 26B015 INSTALLS @ PLAZA, CVEP/ANNEX, A.SHELTER, PA
ADVANTAGE TOTAL PROTECTION INC $ 12,072.00
27000154 24P381; TASK ORDER 13 SUNRISE ELECTRICAL

ANALYSIS

ENGINEERING RESOURCES OF SOUTHERN
CA INC
$ 23,940.00
27000168 25B216 25B216 ADMIN OFFICES DUCTLESS SPLITS RIVCO MECHANICAL SERVICES INC $ 28,800.00 27000169 25B057 25B057 ADMIN OFFICE CLOSET REMOVAL DESERT VALLEY RESTORATION INC $ 6,085.10 27000175 24B082 24B082; RETENTION PAYMENT FOR COMPLETED WORK
ONYX PAVING COMPANY INC $ 29,013.00
27000179 26B015 26B015 SECURITY ALARM MAINTENANCE AND REPAIR ADVANTAGE TOTAL PROTECTION INC $ 1,990.00 27000180 24B022 24B022 ASBESTOS/LEAD SURVEY CITY HALL TERRACON CONSULTANTS INC $ 2,808.00 27000184 26B040M 26B040M SEMI-ANN. KITCHEN FIRE SUPPRESSION

SERVICE
DESERT FIRE EXTINGUISHER CO INC $ 1,144.96
27000195 A9232 A9232; DEEP CLEANING FOR THE AIRPORT ADMIN

BUILDIN
VERDE FACILITIES SERVICES LLC $ 1,191.42
26001548 23B104 23B104; EMERGENCY VEHICLE OUTFITTING BLACK AND WHITE EMERGENCY VEHICLES $ 43,200.00 26001601 23B104 23B104; EMERGENCY VEHICLE OUTFITTING FOR UNIT 190
BLACK AND WHITE EMERGENCY VEHICLES $ 6,136.67
26001629 23C078 23C078; TROUBLESHOOTING GENERATOR AT FIRE

STATION
QUINN COMPANY $ 1,050.00
26001655 25I063; ANNUAL ALI SAFETY INSPECTION MAKAI SOLUTIONS $ 1,750.00 26001656 25I063; REPAIRS ON AUTO LIFT FOR FLEET MAKAI SOLUTIONS $ 3,749.39 26001661 23S060 23S060; SERVICE WORK ON UNIT 098 JORDAN FREEMAN $ 840.14 26001662 23S060 23S060 UNIT 98 & 94 BMW INSPECTION & SAFETY CHECK
JORDAN FREEMAN $ 340.00
26001664 23C394 23C394; PURCHASE OF 2 WORK BENCHES AND

COOLING FAN
DESERT AREA CORPORATION $ 5,275.66

FLEET OPERATIONS

24P381
25I063
25I063

Q – Page 721 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
27000031 23S060 23S060 UNIT 97 BMW SERVICE JORDAN FREEMAN $ 840.14 27000035 23I054 23I054; UNLIMITED CAR WASH SERVICES GERGIS YOUSEF $ 4,380.00 27000061 23B104 23B104 UPFITTING UNITS 182, 142 AND 092 BLACK AND WHITE EMERGENCY VEHICLES $ 23,190.94 27000129 25B361 25B361; DESIGNATED OPERATOR MNTHLY VISUAL

INSPECTI
FUEL PROS INC $ 3,000.00
27000155 23S060 23S060 UNIT 097 SERVICE JORDAN FREEMAN $ 494.84 27000156 23B104 23B104 -14 SIREN AMP CONTROLLERS FOR

EXPEDITIONS
BLACK AND WHITE EMERGENCY VEHICLES $ 14,446.01
27000162 26C123; FLEET MANAGEMENT INFORMATION SYSTEM RON TURLEY ASSOCIATES INC $ 39,936.11 27000192 WEX FUEL CARDS WEX BANK $ 24,000.00
27000194 A5410; PURCHASE OF NATURAL GAS FY 26 CLEAN ENERGY $ 20,000.00 26001565 PURCHASE ELECTRICAL PARTS VILLAGE FEST OUTLETS UPG
DESERT ELECTRIC SUPPLY $ 2,895.42
26001576 CITY WIDE ELECTRICAL PEDESTALS DESERT ELECTRIC SUPPLY $ 7,371.69 26001584 25C450 25C450; LOT G EQUIPMENT RENTAL SUNBELT RENTALS INC $ 4,629.22 26001599 24B021 24B021; STRIPPING FOR INDIAN CANYON CV LINK SUPERIOR PAVEMENT MARKINGS INC $ 11,621.75 26001622 25C048 25C048; SWEEPER RENTAL TO CLEAN GENE AUTRY TRAIL
UNITED RENTALS $ 1,034.60
26001653 25C450 25C450 EQUIPMENT FOR SAND REMOVAL BEHIND

AUTRY WAL
SUNBELT RENTALS INC $ 5,594.64
26001659 26I002; PAINT FOR STREETS MAINTENANCE GAIL BOBRO $ 909.60 26001667 25I401; BARRICADE RENTALS FOR A MOVIE

PRODUCTION
TOPS N BARRICADES INC $ 1,670.00
27000056 26I002; PAINT FOR STREETS MAINTENANCE GAIL BOBRO $ 54.67 27000066 251401; STREETS SIGNAGE FOR JULY 4TH TOPS N BARRICADES INC $ 1,375.00 27000146 A9192 A9192; SPEED FEEDBACK SIGNS PACIFIC PRODUCTS AND SERVICES LLC $ 12,364.75 27000157 24B083 24B083; SUNRISE PARK IMPROVEMENTS HARDY AND HARPER INC $ 87,532.00

DOWNTOWN PARKS

MAINTENANCE
27000057 PARTS FOR DOWNTOWN SPLASH PAD DESERT ELECTRIC SUPPLY $ 2,461.86 26001568 23B123 23B123; PRUNING OF TREES AT LEISURE CENTER LOT WEST COAST ARBORISTS INC $ 6,477.66 26001609 MATERIALS FOR VINTAGE PALMS MONUMENT

UPLIGHTING
DESERT ELECTRIC SUPPLY $ 658.78
26001611 SHIRTS AND EMBROIDERY FOR PUBLIC WORKS DESERT PROMOTIONAL EMBROIDERY LLC $ 3,475.67

GROUNDS

MAINTENANCE

STREETS MAINTENANCE

26C123
A5410
26I002
25I401
26I002
25I401

Q – Page 722 of 1230

PURCHASE ORDERS
JUNE 1, 2026 - JULY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001630 23B123 23B123;PALM SKIRT REMOVAL &TREE MAINTENANCE SUNRIS
WEST COAST ARBORISTS INC $ 7,181.02
26001672 23B123 23B123; COMMUNITY ENGAGEMENT WORKSHOPS WEST COAST ARBORISTS INC $ 3,093.39 26001673 23B123 23B123; PALM TREES WILDLIFE INSPECTION WEST COAST ARBORISTS INC $ 2,749.68 26001674 23B121 23B121; TURF CONVERSION FOR THE VISITOR CENTER UNIVERSAL GREEN LLC $ 12,850.00 27000025 26I008; DESERT LANDSCAPING, ROCKS AND SUPPLIES SOUTHWEST BOULDER AND STONE INC $ 5,000.00 27000029 26I002; PURCHASE OF PAINT AND PAINT SUPPLIES GAIL BOBRO $ 5,000.00 27000064 25C207; PURCHASE OF SANITARY SUPPLIES FOR

GROUNDS
WAXIE'S ENTERPRISES LLC $ 15,000.00
27000106 23B123 23B123; INSPECT AND UPDATE APPROX. 2,100 PALM SITE
WEST COAST ARBORISTS INC $ 12,831.84
26001566 BEO FOR FUTURE VISION WORKSHOP -SHAPING

DOWNTOWN
AGUA CALIENTE CASINO PALM SPRINGS $ 5,566.03
26001671 26F097; MARILYN MONROE 100 CENTENNIAL

CELEBRATION
GREATER PALM SPRINGS PRIDE $ 25,000.00
27000093 24I154; SHOP LOCAL GIFT CARD PROGRAM YIFTEE INC $ 100,000.00 27000120 26I121;CONSULTING SERVIES FOR ECO.DEV JOHN BABBITT 10,000.00 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.

ECONOMIC

DEVELOPMENT

26I008
26I002
25C207
26F097
24I154
26I121

Q – Page 723 of 1230

CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF ISSUANCE OF PURCHASE ORDER TO

ENVIROMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) IN THE
AMOUNT OF $8,223.46 FOR GIS SOFTWARE SUBSCRIPTION

PURCHASE
FROM: Scott C. Stiles, City Manager
BY: Information Technology
SUMMARY:

This action will approve the issuance of a Purchase Order to Environmental Systems Research Institute (ESRI) in the amount of $8,223.46, for a cumulative total spend of $154,847.09, allowing for the purchase of an additional software subscription that supports the extension of Geographic Information System services provided to both City staff and the public.

RECOMMENDATION:
1) Approve the issuance of a Purchase Order for ArcGIS Hub Premium ArcGIS Online Community Annual Subscription (Quote Q-576221, Attachment A) with Environmental Systems Research Institute (ESRI) for an additional amount of $8,223.46 and a new cumulative total spend of $154,847.09; and 2) Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Environmental Systems Research Institute (ESRI) is a California corporation. The Jack and Laura Dangermond Trust, established under the laws of the State of California on October 7, 2000, own 100% of the outstanding voting and equity securities of Environmental Systems Research Institute, Inc. Jack and Laura Dangermond are the trustees and sole beneficiaries of the trust. A copy of the Public Integrity Disclosure Form is included as Attachment B.

R – Page 724 of 1230
City Council Staff Report
August 26, 2026 -- Page 2
Approve the issuance of Purchase Order to Environmental Systems Research Institute BACKGROUND:

Geographic Information Systems (GIS) is a system designed to create, store, analyze, and manage geographic data. This technology provides mapping and data analysis tools that drive business decisions, support daily operations, and allow users to gain valuable insight through geographic context. GIS also provides a foundation for mapping and storytelling applications that allow residents to engage with interactive content to locate City services and information.

GIS supports decision-making and daily operations across a variety of City departments by providing accurate, real-time geospatial data. The City’s enterprise GIS is the central repository for authoritative City data including addresses, parcels, street centerlines, and jurisdictional boundaries. City staff utilize interactive GIS web mapping applications to identify property information, land use, zoning, City infrastructure, and assets. GIS data is integrated with other enterprise technology systems to leverage existing geospatial data; this improves efficiencies and provides geographic insights that ensure decisions are backed by reliable spatial data.

Additionally, as new technology becomes available, supplemental subscription services to premium software features will allow for the expansion of public-facing applications by incorporating new collaborative web mapping tools and access to advanced features that support artificial intelligence (AI) functionality that allow users to quickly and easily locate, identify, and interact with City geospatial data and services.

Since 2019, Staff have entered into annual software subscriptions with ESRI to provide Geographic Information Systems (GIS) services under the City Manager’s approval. In accordance with Municipal Code Title modifications adopted by Ordinance in January 2025, which predicates approval levels based upon the cumulative value of contracts and continuous purchases of the same goods or services, ESRI’s prior expenditures combined with the proposed contractual expenditures identifies a cumulative expenditure in excess of the City Manager’s authority and requires City Council approval.

In March of 2025, the City entered into Agreement 25S032 with ESRI, for an initial amount of $145,800 for a three-year term through March 18, 2028. Additional software purchases in the amount of $823.63 during this term have brought this cumulative total to $146,623.63.

STAFF ANALYSIS:

The Information Technology Department met with City Departments to evaluate the overall geospatial needs of the City and determined the demand for GIS data and services continues to grow. Additional feedback from the public has consistently highlighted residents’ desire for more intuitive, accessible, and user-friendly tools and applications that allow users to quickly locate information or services most important to them.

R – Page 725 of 1230
City Council Staff Report
August 26, 2026 -- Page 3
Approve the issuance of Purchase Order to Environmental Systems Research Institute The ESRI product ArcGIS Hub Premium is a cloud-based data sharing, collaboration and engagement platform that empowers individuals, organizations, and GIS communities of practice – groups of GIS professionals, civic participants, and others who engage with geospatial data to address shared spatial challenges and develop best practices – to share trusted, curated content. This proposed solution allows the City to publish authoritative maps and data through an open data portal, easily create topic-focused sites to drive engagement and empower other departments to work with GIS by collecting data and recording observations.

Staff is requesting authority to proceed with the issuance of Purchase Orders at an additional pro-rated cost of $8,223.46 for the next two years to align with our current Agreement 25S032 with ERSI. This will bring the cumulative total spent with ESRI from March 2025 through March 2028, to $154,847.09 to provide collaborative, nextgeneration geospatial tools for City staff and the public.

ENVIRONMENTAL ASSESSMENT:

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

The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Account 1001025-50034 and will be budgeted in future years.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement Manager: Tabitha Richards
Deputy City Manager: Jeremy Hammond
City Manager: Teresa Gallavan for Scott Stiles

R – Page 726 of 1230
City Council Staff Report
August 26, 2026 -- Page 4
Approve the issuance of Purchase Order to Environmental Systems Research Institute ATTACHMENTS:

A. Esri Quote Q-576221 for ArcGIS Hub Premium ArcGIS Online Community Annual Subscription
B. Conflict of Interest, Non-Discrimination, and Public Integrity Disclosure

R – Page 727 of 1230

ATTACHMENT A

R – Page 728 of 1230
Quotation ## Q--557766222211
Date:: July 333333311111111,,,,,,,, 22222222000000000222222226666 Environmental Systems Research Institute,, Inc..
338800 New York St
Redlands,, CA 9922337733--88110000
Phone:: ((990099)) 779933--22885533
DUNS Number:: 0066--331133--44117755 CAGE Code:: 00AMS33 Customer ## 226666887777 Contract ## ENTERPRISE

AGREEMENT
City of Palm Springs
IT Dept
333333322222222000000000000000000 E Tahquitz Canyon Way Palm Springs,,,,,,,, CA 9992222222222222222666622222222-----6666999555999 To expedite your order,, please attach a copy of ATTENTION::: Jason Underwood this quotation to your purchase order.. PHONE::: ((((77776666000000000)))) 3333333222222223333333-----888222222224444555 Quote is valid from:: 66//99//22002266 To:: 99//77//22002266 EMAIL::: [email protected] Year 11111111 ((((888////////333333311111111////////222222226666 ----- 3333333////////11111111888////////222222227777)))) Material Qty Unit Price Total
111111115559991111111166666666 11111111 $$$$$$22222222,,,,,,,,99911111111000000000.......9996666 $$$$$$22222222,,,,,,,,99911111111000000000.......9996666 ArcGIS Hub Premium ArcGIS Online Community Annual Subscription Year 22222222 ((((3333333////////11111111999////////222222227777-----3333333////////11111111888////////22222222888)))) Material Qty Unit Price Total
111111115559991111111166666666 11111111 $$$$$$555,,,,,,,,33333331111111122222222.......555000000000 $$$$$$555,,,,,,,,33333331111111122222222.......555000000000 ArcGIS Hub Premium ArcGIS Online Community Annual Subscription Subtotal::: $$$$$$888,,,,,,,,22222222222222223333333.......44446666 Sales Tax::: $$$$$$000000000.......000000000000000000
Estimated Shipping and Handling ((((22222222 Day Delivery))))::: $$$$$$000000000.......000000000000000000 Contract Price Adjust::: $$$$$$000000000.......000000000000000000 Total::: $$$$$$888,,,,,,,,22222222222222223333333.......44446666 The quote is subject to the Small Govt ELA US Contract Agreement Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact::

Natalie Carter
Email::
[email protected]
Phone::
((((999000000000999)))) 77779993333333-----222222228885553333333 x7777444411111111999 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

CARTERN This offer is limited to the terms and conditions incorporated and attached herein..

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Quotation ## Q--557766222211
Date:: July 333333311111111,,,,,,,, 22222222000000000222222226666 Environmental Systems Research Institute,, Inc..
338800 New York St
Redlands,, CA 9922337733--88110000
Phone:: ((990099)) 779933--22885533
DUNS Number:: 0066--331133--44117755 CAGE Code:: 00AMS33 Customer ## 226666887777 Contract ## ENTERPRISE

AGREEMENT
City of Palm Springs
IT Dept
333333322222222000000000000000000 E Tahquitz Canyon Way Palm Springs,,,,,,,, CA 9992222222222222222666622222222-----6666999555999 To expedite your order,, please attach a copy of ATTENTION::: Jason Underwood this quotation to your purchase order.. PHONE::: ((((77776666000000000)))) 3333333222222223333333-----888222222224444555 Quote is valid from:: 66//99//22002266 To:: 99//77//22002266 EMAIL::: [email protected] _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance,, you must fax Esri the signed quote in its entirety in order for the quote to be accepted.. You will be contacted by your Customer Service Representative if additional information is required to complete your request..

If your organization is a US Federal,, state,, or local government agency;; an educational facility;; or a company that will not pay an invoice without having issued a formal purchase order,, a signed quotation will not be accepted unless it is accompanied by your purchase order..

In order to expedite processing,, please reference the quotation number and any//all applicable Esri contract number((s)) ((e..g.. MPA,, ELA,, SmartBuy,, GSA,, BPA)) on your ordering document..

BY SIGNING BELOW,, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION,, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $$___________,, PLUS SALES TAXES IF APPLICABLE.. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI''S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK..

Please check one of the following::
___ I agree to pay any applicable sales tax..
___ I am tax exempt,, please contact me if exempt information is not currently on file with Esri.. ___________________________________________ ________________________ Signature of Authorized Representative Date
___________________________________________
Name ((Please Print))
___________________________________________
Title
_________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase////////license....... This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute,,,,,,,, Inc....... ((((Esri)))).......

Any estimated sales and////////or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization''s budgetary purposes....... Esri reserves the right to adjust and collect sales and////////or use tax at the actual date of invoicing....... If your organization is tax exempt or pays state tax directly,,,,,,,, then prior to invoicing,,,,,,,, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state''s taxing authority for the given jurisdiction.......

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact::

Natalie Carter
Email::
[email protected]
Phone::
((((999000000000999)))) 77779993333333-----222222228885553333333 x7777444411111111999 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

CARTERN This offer is limited to the terms and conditions incorporated and attached herein..

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ATTACHMENT B

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CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________ _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________ _________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________

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CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

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

EXAMPLE
[name of owner/investor] [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

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

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CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 9 TO THE EXISTING CAR RENTAL CONCESSION AGREEMENTS; AMENDMENT NO. 10 TO THE AVISBUDGET CAR RENTAL CONCESSION AGREEMENT; AND AMENDMENT NO. 1 TO THE SIXT CAR RENTAL CONCESSION

AGREEMENT, IN ORDER TO ADD STAGING SPACE WITH

CORRESPONDING FEE, INCREASE CERTAIN FIXED RENT CHARGES,

AND REVISE THE MINIMUM ANNUAL GUARANTEE AT PALM SPRINGS

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

This action will approve Amendment No. 9 to the existing car rental concession agreements, Amendment No. 10 for Avis-Budget car rental concession agreement, and Amendment No. 1 for SIXT car rental concession agreement, to add staging space with corresponding fee, increase certain fixed rent charges, and revise the Minimum Annual Guarantee (MAG) at the Palm Springs International Airport (Airport).

RECOMMENDATION:
1) Approve Amendment No. 9; Avis-Budget Amendment No. 10; and SIXT Amendment No. 1 (Attachment A) to Airport car rental concession agreements doing business as car rental agencies at the Airport which include:
▪ Avis/Budget Car Rental, LLC (Amendment No. 10)
▪ The Hertz Corporation (Amendment No. 9)
▪ Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 9)
▪ Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 9) ▪ DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 9)
▪ SIXT Rent a Car, LLC (Amendment No. 1)
2) Authorize the City Manager or designee to execute all necessary documents subject to such changes / revisions agreeable to the City Manager and City Attorney.

S – Page 734 of 1230
City Council Staff Report
August 26, 2026 -- Page 2
Approval of Amendments to Car Rental Concession Agreements at Palm Springs International Airport BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for each of the car rental companies is included as (Attachment B).

BACKGROUND:

The original five (5) Car Rental Agreements were approved after a Public Bid in 2011, with an initial term ending on June 30, 2014. At the request of City staff, the City Council has approved eight subsequent term extensions:
• Amendment No. 1: Extended through June 30, 2017
• Amendment No. 2: Extended through June 30, 2020
• Amendment No. 3: Extended through June 30, 2021
• Amendment No. 4: Extended through June 30, 2022
• Amendment No. 5: Extended through June 30, 2023
• Amendment No. 6: Extended through June 30, 2024
• Amendment No. 7: Extended through June 30, 2025
• Amendment No. 8: Extended through June 30, 2026
The SIXT Rent a Car, LLC Non-Exclusive Operating and Lease Agreement was approved by City Council on November 12, 2025 (Item 1N) to operate as a car rental concession at the Palm Springs International Airport. SIXT Rent a Car, LLC began operations at the Airport on January 18, 2026.

The car rental concession program at the Airport has historically been one of the largest sources of Airport revenue. As Palm Springs is an inbound leisure tourism market, approximately two-thirds of enplaned passengers are visitors, who are the primary customers for car rental companies. In 2019, record passenger traffic led to significant revenue generation for car rental companies. However, the COVID-19 pandemic caused an unprecedented drop in airline passenger traffic in 2020, severely impacting car rental transactions and gross receipts. Since the end of the COVID-19 pandemic, enplaned passengers, car rental transactions, and gross receipts have continued to increase as illustrated in Table 1 below.

Table 1
Calendar Year Enplaned Passengers Car Rental Transactions Car Rental Gross Receipts 2019 1,287,474 259,028 $74,399,672
2020 632,316 138,373 $44,692,255
2021 1,047,643 174,960 $70,657,398
2022 1,500,618 277,405 $104,149,629
2023 1,624,012 258,670 $104,669,120
2024 1,614,684 262,484 $101,955,431
2025 1,655,631 269,514 $101,194,097

S – Page 735 of 1230
City Council Staff Report
August 26, 2026 -- Page 3
Approval of Amendments to Car Rental Concession Agreements at Palm Springs International Airport As a part of the Airport Master Plan, the car rental counters, return lanes, and ready spaces will need to be relocated to the auxiliary car rental lot. This relocation will also provide for the terminal expansion and for the temporary Federal Inspection Site (FIS) facility. The auxiliary car rental lot will be on the north side of the Airport, currently the location of the United Service Organization (USO) and the Customs and Border Protection (CBP) offices. Ultimately, with the construction of the hybrid Consolidated Rent-A-Car facilities (CONRAC), a portion of the auxiliary car rental lot will become the Car Rental Ready facility.

The car rental concession Minimum Annual Guarantee (MAG) was reinstated in Amendment 7 (Amendment No. 8 for Avis/Budget). Pursuant to Section 5.03(A), as amended, under the MAG, the car rental concession fees, to be paid monthly (the “Monthly Percentage Payment” as defined in the Car Rental Agreements), will be calculated as the greater of either one-twelfth of the MAG or 10% of actual gross receipts.

The Monthly Percentage Payments will be reconciled annually pursuant to Section 5.11 of the Operating and Lease Agreement for Operation of a Car Rental Concession to ensure the Annual Percentage Payment is the greater of the MAG or 10% of actual gross receipts.

In Fiscal Year (FY) 2026, the Minimum Annual Guarantee (MAG) percentage was 95%.

A survey of rental car minimum annual guarantee percentages of regional and similarly sized airports (Long Beach – LGB, Myrtle Beach – MYR, Ontario – ONT, Orange County – SNA, Tucson – TUS, San Diego – SAN) confirms that the industry standard rental car MAG is 85% for airports similar to PSP. The Rental Car Industry requested the Airport to review the Airport’s MAG percentage. In FY 2025, the Rental Car Industry operating at PSP overpaid car rental commissions owed to the City in the amount of $2,369,739.58, which had to be reimbursed to the rental car companies via checks or credits.

The Rental Car Industry operating at PSP also requested the Airport consider providing additional space close to the Airport Car Rental Return Lane and the Ready Lot to allow for quick removal of returned vehicles to a staging area and for clean vehicles to be staged for the Ready Lot.

STAFF ANALYSIS:

The Amendment extends the current car rental agreement for an additional one year and provides two (2) one-year extension options. This extension strategy will minimize operational disruptions during the construction and transitional periods, ensure consistency of service for passengers, and allow for a more comprehensive and informed Invitation to Bid (IFB) process which will include the new operational environment, ultimately leading to better long-term outcomes for the Airport and its car rental partners.

Pursuant to Section 5.03 (A), as amended, this Amendment defines the gross revenues from June 2025 through May 2026 to be used to calculate the Minimum Annual Guarantee (MAG) for each car rental company for Fiscal Year (FY) 2027. After careful analysis of

S – Page 736 of 1230
City Council Staff Report
August 26, 2026 -- Page 4
Approval of Amendments to Car Rental Concession Agreements at Palm Springs International Airport the overpayments made by the rental car companies in FY 2025 and the projected cash flows from MAG payments in FY 2027, Airport Staff are recommending a decrease of the MAG percentage from 95% to 85%. This reduction will result in not having to reimburse the car rental companies an estimated $1,035,505.82 in potential overpayments of car rental commissions.

This Amendment adjusts facility rates in accordance with the Car Rental Agreements.

Pursuant to Section 5.03 (D), facility rates are to be adjusted annually to reflect CPI increases. The recommended new terminal and facility rates are listed in Table 2 below.

Table 2
Leased Space Current Annual Rates Annual Rates as of 7-1-26 Terminal Area $112.17 per sq. ft. $115.76 per sq. ft.

Service Facilities $1.51 per sq. ft. $1.56 per sq. ft.

Ready Return spaces $2,427.72 per space, annually $2,505.41 per space, annually Overflow Parking Spaces $2.61 per space per day $2.69 per space per day ACC Campus Facilities* $6.00 per sq. ft. $6.19 per sq. ft. * - Accelerator Campus Facilities (2901 E. Alejo Road, Palm Springs, CA 92262) With Airport Administration moving to the South Paseo Dorotea Administration Building, this will free up space to the north of Hangar One, currently being used as an employee parking lot. It is estimated that the Rental Car Industry can park approximately 80 vehicles in this space for staging. Airport Staff are recommending, as Airport operations permit, that space in this lot be made available to the Rental Car Industry in a fair and equitable manner. Each car rental company shall pay $200 per staging space per month for as long as they need the space.

Once all Amendments have been executed, the Airport will meet with all current car rental companies to begin the process of drafting an Invitation for Bid (IFB) that will incorporate all existing facilities and the transition to the auxiliary car rental lot. The publication of the IFB through Planet Bids will take place prior to the termination date of the executed extension to ensure a transparent and competitive procurement process that aligns with the City’s procurement policies.

ENVIRONMENTAL ASSESSMENT:

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

S – Page 737 of 1230
City Council Staff Report
August 26, 2026 -- Page 5
Approval of Amendments to Car Rental Concession Agreements at Palm Springs International Airport ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council’s Strategic Plan Broad Goals of Economic Development, and Infrastructure and Facilities, well as the Airport’s Strategic Plan Priority 3 – Goal 2: Create Revenue Diversification Through Strategic Partnerships.

FISCAL IMPACT:

This action should result in Airport Revenues of approximately $10,166,707 from car rental gross revenue and $1,805,026 for leased space and other fees, for a total of $11,971,733 in Fiscal Year 2026-27.

REVIEWED BY:

Interim Executive Director of Aviation: Victoria Carpenter City Attorney: Geremy Holm
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Car Rental Lease Amendments No. 9, Avis-Budget Car Rental Lease Amendment No. 10, and SIXT Amendment No. 1
B. Public Integrity Disclosure Forms

S – Page 738 of 1230

ATTACHMENT A
AMENDMENT NO. 9 TO

CAR RENTAL AGREEMENTS
AMENDMENT NO. 10 TO

AVIS / BUDGET CAR RENTAL AGREEMENT
AMENDMENT NO. 1 TO

SIXT CAR RENTAL AGREEMENT

S – Page 739 of 1230
Enterprise – Amdt. No. 9 - Page 1 of 6
AMENDMENT NO. 9 TO OPERATING AND LEASE AGREEMENT NO. A6113

ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC

DBA ENTERPRISE RENT A CAR

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 9 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6113, (“Agreement”) is made and entered into this 1st day of July, 2026, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, and ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, a Delaware limited liability company, dba ENTERPRISE RENT A CAR, (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 333 City Blvd West, Suite 1000, Orange, California, 92868. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.

WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2024, through June 30, 2025, pursuant

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Enterprise – Amdt. No. 9 - Page 2 of 6
to City’s second extension option under Amendment No. 6, adjust certain fixed rent charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No. 7.

WHEREAS, effective July 1, 2025, City and Tenant entered into that certain Amendment No. 8 to extend the term from July 1, 2025, through June 30, 2026, and to increase certain fixed rent charges and further define the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No.

8. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2026, through June 30, 2027, subject to two (2) one-year optional extensions to be exercised at the City’s sole discretion, and to add staging space with corresponding fee, increase certain fixed rent charges, and revise the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described herein this Amendment No. 9.

AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:

Term: Extend the term for one year, commencing on July 1, 2026, through June 30, 2027, with two (2) one-year optional extensions.

Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.

As determined by the City in its sole discretion and subject to the operational needs of the Airport, the City may make available to Tenant staging spaces located north of Hangar One, as illustrated in Exhibit A. A staging space is defined as the space for the parking of one (1) standard rental vehicle. The availability of such staging spaces is permissive only and does not guarantee that any particular space will remain available for any period of time. The City may reduce, relocate, or terminate Tenant's use of any staging space upon written notice if the City determines the space is needed for Airport operations or other Airport purposes. Tenant shall pay a fee of $200 per space per month for each staging space made available and used by Tenant. Tenant shall provide the City with at least thirty (30) days' prior written notice of its intent to discontinue use of any staging space. The City shall invoice Tenant at the beginning of each month for the full month's use.

No proration shall be provided for partial months of use or for unused staging spaces or unused days within a month.

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Enterprise – Amdt. No. 9 - Page 3 of 6
Minimum Annual Guarantee (MAG):

Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be eighty-five percent (85%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2025 through May 31, 2026.

Lease Rates:

Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.

Current Rates Rates as of 7-1-26
Terminal Area $112.17 per sq. ft. $115.76 per sq. ft.

Service Facilities $1.51 per sq. ft. $1.56 per sq. ft.

Ready Return spaces $2,427.72 per space
annually
$2,505.41 per space
annually
Overflow Parking
Spaces
$2.61 per space per
day
$2.69 per space per
day
Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be limited to, the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the

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Enterprise – Amdt. No. 9 - Page 4 of 6
provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)

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Enterprise – Amdt. No. 9 - Page 5 of 6
SIGNATURE PAGE TO AMENDMENT NO. 9 TO AGREEMENT NO. A6113 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND ENTERPRISE RENT-A-CAR

COMPANY OF LOS ANGELES, LLC DBA ENTERPRISE RENT A CAR
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature
Name: Name:

Title: Title:

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

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Enterprise – Amdt. No. 9 - Page 6 of 6

EXHIBIT A
HANGAR ONE – STAGING LOT
APPROXIMATELY 80 SPACES
HANGAR
ONE

STAGING
LOT

APPROXIMATELY
80 SPACES

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Enterprise – Amdt. No. 9 - Page 1 of 6
AMENDMENT NO. 9 TO OPERATING AND LEASE AGREEMENT NO. A6112

ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC

DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 9 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6112, (“Agreement”), is made and entered into this 1st day of July, 2026, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC, a Delaware limited liability company, doing business as ALAMO RENT A CAR AND NATIONAL CAR RENTAL (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 333 City Blvd West, Suite 1000, Orange, California, 92868. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.

S – Page 746 of 1230
Enterprise – Amdt. No. 9 - Page 2 of 6
WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2024, through June 30, 2025, pursuant to City’s second extension option under Amendment No. 6, adjust certain fixed rent charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No. 7.

WHEREAS, effective July 1, 2025, City and Tenant entered into that certain Amendment No. 8 to extend the term from July 1, 2025, through June 30, 2026, and to increase certain fixed rent charges and further define the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No.

8. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2026, through June 30, 2027, subject to two (2) one-year optional extensions to be exercised at the City’s sole discretion, and to add staging space with corresponding fee, increase certain fixed rent charges, and revise the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described herein this Amendment No. 9.

AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:

Term: Extend the term for one year, commencing on July 1, 2026, through June 30, 2027, with two (2) one-year optional extensions.

Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.

As determined by the City in its sole discretion and subject to the operational needs of the Airport, the City may make available to Tenant staging spaces located north of Hangar One, as illustrated in Exhibit A. A staging space is defined as the space for the parking of one (1) standard rental vehicle. The availability of such staging spaces is permissive only and does not guarantee that any particular space will remain available for any period of time. The City may reduce, relocate, or terminate Tenant's use of any staging space upon written notice if the City determines the space is needed for Airport operations or other Airport purposes. Tenant shall pay a fee of $200 per space per month for each staging space made available and used by Tenant. Tenant shall provide the City with at least thirty (30) days' prior written notice of its intent to discontinue use of any staging space. The City shall invoice Tenant at the beginning of each month for the full month's use.

S – Page 747 of 1230
Enterprise – Amdt. No. 9 - Page 3 of 6
No proration shall be provided for partial months of use or for unused staging spaces or unused days within a month.

Minimum Annual Guarantee (MAG):

Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be eighty-five percent (85%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2025 through May 31, 2026.

Lease Rates:

Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.

Current Rates Rates as of 7-1-26
Terminal Area $112.17 per sq. ft. $115.76 per sq. ft.

Service Facilities $1.51 per sq. ft. $1.56 per sq. ft.

Ready Return spaces $2,427.72 per space
annually
$2,505.41 per space
annually
Overflow Parking
Spaces
$2.61 per space per
day
$2.69 per space per
day
Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be limited to, the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

S – Page 748 of 1230
Enterprise – Amdt. No. 9 - Page 4 of 6
The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)

S – Page 749 of 1230
Enterprise – Amdt. No. 9 - Page 5 of 6
SIGNATURE PAGE TO AMENDMENT NO. 9 TO AGREEMENT NO. A6112 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND ENTERPRISE RENT-A-CAR

COMPANY OF LOS ANGELES, LLC DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature
Name: Name:

Title: Title:

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

S – Page 750 of 1230
Enterprise – Amdt. No. 9 - Page 6 of 6

EXHIBIT A
HANGAR ONE – STAGING LOT
APPROXIMATELY 80 SPACES
HANGAR
ONE

STAGING
LOT

APPROXIMATELY
80 SPACES

S – Page 751 of 1230
The Hertz Corporation – Amdt. No. 9 - Page 1 of 6
AMENDMENT NO. 9 TO OPERATING AND LEASE AGREEMENT NO. A6111

THE HERTZ CORPORATION

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 9 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6111, (“Agreement”), is made and entered into this 1st day of July, 2026, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and THE HERTZ CORPORATION, a Delaware corporation, (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 8501 Williams Road, Estero, Florida, 33928. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.

WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2024, through June 30, 2025, pursuant to City’s second extension option under Amendment No. 6, adjust certain fixed rent

S – Page 752 of 1230
The Hertz Corporation – Amdt. No. 9 - Page 2 of 6
charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No. 7.

WHEREAS, effective July 1, 2025, City and Tenant entered into that certain Amendment No. 8 to extend the term from July 1, 2025, through June 30, 2026, and to increase certain fixed rent charges and further define the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No.

8. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2026, through June 30, 2027, subject to two (2) one-year optional extensions to be exercised at the City’s sole discretion, and to add staging space with corresponding fee, increase certain fixed rent charges, and revise the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described herein this Amendment No. 9.

AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:

Term: Extend the term for one year, commencing on July 1, 2026, through June 30, 2027, with two (2) one-year optional extensions.

Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.

As determined by the City in its sole discretion and subject to the operational needs of the Airport, the City may make available to Tenant staging spaces located north of Hangar One, as illustrated in Exhibit A. A staging space is defined as the space for the parking of one (1) standard rental vehicle. The availability of such staging spaces is permissive only and does not guarantee that any particular space will remain available for any period of time. The City may reduce, relocate, or terminate Tenant's use of any staging space upon written notice if the City determines the space is needed for Airport operations or other Airport purposes. Tenant shall pay a fee of $200 per space per month for each staging space made available and used by Tenant. Tenant shall provide the City with at least thirty (30) days' prior written notice of its intent to discontinue use of any staging space. The City shall invoice Tenant at the beginning of each month for the full month's use.

No proration shall be provided for partial months of use or for unused staging spaces or unused days within a month.

Minimum Annual Guarantee (MAG):

S – Page 753 of 1230
The Hertz Corporation – Amdt. No. 9 - Page 3 of 6
Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be eighty-five percent (85%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2025 through May 31, 2026.

Lease Rates:

Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.

Current Rates Rates as of 7-1-25
Terminal Area $112.17 per sq. ft. $115.76 per sq. ft.

Service Facilities $1.51 per sq. ft. $1.56 per sq. ft.

Ready Return spaces $2,427.72 per space
annually
$2,505.41 per space
annually
Overflow Parking
Spaces
$2.61 per space per
day
$2.69 per space per
day
Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be limited to, the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment

S – Page 754 of 1230
The Hertz Corporation – Amdt. No. 9 - Page 4 of 6
does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)

S – Page 755 of 1230
The Hertz Corporation – Amdt. No. 9 - Page 5 of 6
SIGNATURE PAGE TO AMENDMENT NO. 9 TO AGREEMENT NO. A6111 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND THE HERTZ CORPORATION IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature
Name: Name:

Title: Title:

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

S – Page 756 of 1230
The Hertz Corporation – Amdt. No. 9 - Page 6 of 6

EXHIBIT A
HANGAR ONE – STAGING LOT
APPROXIMATELY 80 SPACES
HANGAR
ONE

STAGING
LOT

APPROXIMATELY
80 SPACES

S – Page 757 of 1230
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 9 - Page 1 of 6 AMENDMENT NO. 9 TO OPERATING AND LEASE AGREEMENT NO. A6114 DTG OPERATIONS, INC. DBA DOLLAR RENT A CAR and THRIFTY CAR RENTAL

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 9 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6114, (“Agreement”), is made and entered into this 1st day of July, 2026, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and DTG OPERATIONS, INC. an Oklahoma corporation, doing business as DOLLAR RENT A CAR and THRIFTY CAR RENTAL (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 8501 Williams Road, Estero, Florida, 33928. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.

WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2024, through June 30, 2025, pursuant to City’s second extension option under Amendment No. 6, adjust certain fixed rent

S – Page 758 of 1230
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 9 - Page 2 of 6 charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No. 7.

WHEREAS, effective July 1, 2025, City and Tenant entered into that certain Amendment No. 8 to extend the term from July 1, 2025, through June 30, 2026, and to increase certain fixed rent charges and further define the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No.

8. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2026, through June 30, 2027, subject to two (2) one-year optional extensions to be exercised at the City’s sole discretion, and to add staging space with corresponding fee, increase certain fixed rent charges, and revise the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described herein this Amendment No. 9.

AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:

Term: Extend the term for one year, commencing on July 1, 2026, through June 30, 2027, with two (2) one-year optional extensions.

Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.

As determined by the City in its sole discretion and subject to the operational needs of the Airport, the City may make available to Tenant staging spaces located north of Hangar One, as illustrated in Exhibit A. A staging space is defined as the space for the parking of one (1) standard rental vehicle. The availability of such staging spaces is permissive only and does not guarantee that any particular space will remain available for any period of time. The City may reduce, relocate, or terminate Tenant's use of any staging space upon written notice if the City determines the space is needed for Airport operations or other Airport purposes. Tenant shall pay a fee of $200 per space per month for each staging space made available and used by Tenant. Tenant shall provide the City with at least thirty (30) days' prior written notice of its intent to discontinue use of any staging space. The City shall invoice Tenant at the beginning of each month for the full month's use.

No proration shall be provided for partial months of use or for unused staging spaces or unused days within a month.

Minimum Annual Guarantee (MAG):

S – Page 759 of 1230
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 9 - Page 3 of 6 Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be eighty-five percent (85%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2025 through May 31, 2026.

Lease Rates:

Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.

Current Rates Rates as of 7-1-26
Terminal Area $112.17 per sq. ft. $115.76 per sq. ft.

Service Facilities $1.51 per sq. ft. $1.56 per sq. ft.

Ready Return spaces $2,427.72 per space
annually
$2,505.41 per space
annually
Overflow Parking
Spaces
$2.61 per space per
day
$2.69 per space per
day
Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be limited to, the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment

S – Page 760 of 1230
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 9 - Page 4 of 6 does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)

S – Page 761 of 1230
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 9 - Page 5 of 6 SIGNATURE PAGE TO AMENDMENT NO. 9 TO AGREEMENT NO. A6114 BY AND BETWEEN THE CITY OF PALM SPRINGS AND DTG OPERATIONS, INC.

DBA DOLLAR RENT A CAR and THRIFTY CAR RENTAL
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature
Name: Name:

Title: Title:

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

S – Page 762 of 1230
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 9 - Page 6 of 6

EXHIBIT A
HANGAR ONE – STAGING LOT
APPROXIMATELY 80 SPACES
HANGAR
ONE

STAGING
LOT

APPROXIMATELY
80 SPACES

S – Page 763 of 1230
Avis-Budget Amdt No. 10 - Page 1
AMENDMENT NO. 10 TO OPERATING AND LEASE AGREEMENT NO. A6110

AVIS BUDGET CAR RENTAL, LLC

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 10 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6110, (“Agreement”), is made and entered into this 1st day of July, 2026, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and AVIS BUDGET CAR RENTAL, LLC, a Delaware limited liability company, doing business as AVIS RENT A CAR SYSTEM, LLC and BUDGET RENT A CAR SYSTEM, INC. (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 6 Sylvan Way, Parsippany, New Jersey, 07054. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective January 1, 2016, City and Tenant entered into that certain Amendment No. 2 to lease 130 square feet of customer counter space on a seasonal basis through April 30, 2016, and from January 1, 2017, through April 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2023 through June 30, 2024, pursuant

S – Page 764 of 1230
Avis-Budget Amdt No. 10 - Page 2
to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 7.

WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 8 to extend the term from July 1, 2024 through June 30, 2025, pursuant to City’s second extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 8.

WHEREAS, effective July 1, 2025, City and Tenant entered into that certain Amendment No. 9 to extend the term from July 1, 2025 through June 30, 2026, and to increase certain fixed rent charges and further define the Minimum Annual Guarantee (MAG) as specific in the Agreement, as more specifically described in Amendment No.

9. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2026, through June 30, 2027, subject to two (2) one-year optional extensions to be exercised at the City’s sole discretion, and to add staging space with corresponding fee, increase certain fixed rent charges, and revise the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described herein this Amendment No. 10.

AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:

Term: Extend the term for one year, commencing on July 1, 2026, through June 30, 2027, with two (2) one-year optional extensions.

Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.

As determined by the City in its sole discretion and subject to the operational needs of the Airport, the City may make available to Tenant staging spaces located north of Hangar One, as illustrated in Exhibit A. A staging space is defined as the space for the parking of one (1) standard rental vehicle. The availability of such staging spaces is permissive only and does not guarantee that any particular space will remain available for any period of time. The City may reduce, relocate, or terminate Tenant's use of any staging space upon written notice if the City determines the space is needed for Airport operations or other Airport purposes. Tenant shall pay a fee of $200 per space per month for each staging space made available and used by Tenant. Tenant shall provide the City with at least thirty (30) days' prior written notice of its intent to discontinue use of any

S – Page 765 of 1230
Avis-Budget Amdt No. 10 - Page 3
staging space. The City shall invoice Tenant at the beginning of each month for the full month's use. No proration shall be provided for partial months of use or for unused staging spaces or unused days within a month.

Minimum Annual Guarantee (MAG):

Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be eighty-five percent (85%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2025 through May 31, 2026.

Lease Rates:

Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.

Current Rates Rates as of 7-1-26
Terminal Area $112.17 per sq. ft. $115.76 per sq. ft.

Service Facilities $1.51 per sq. ft. $1.56 per sq. ft.

Ready Return spaces $2,427.72 per space
annually
$2,505.41 per space
annually
Overflow Parking
Spaces
$2.61 per space per
day
$2.69 per space per
day
Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be limited to, the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

S – Page 766 of 1230
Avis-Budget Amdt No. 10 - Page 4
Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)

S – Page 767 of 1230
Avis-Budget Amdt No. 10 – Page 5
SIGNATURE PAGE TO AMENDMENT NO. 10 TO AGREEMENT NO. A6110 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND AVIS BUDGET CAR RENTAL, LLC IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature
Name: Name:

Title: Title:

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

S – Page 768 of 1230
Avis-Budget Amdt No. 10 – Page 5

EXHIBIT A
HANGAR ONE – STAGING LOT
APPROXIMATELY 80 SPACES
HANGAR
ONE

STAGING
LOT

APPROXIMATELY
80 SPACES

S – Page 769 of 1230
SIXT Rent a Car LLC – Amdt. No. 1 - Page 1 of 5
AMENDMENT NO. 1 TO LEASE 25L418

SIXT RENT A CAR, LLC

NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT

AT PALM SPRINGS INTERNATIONAL AIRPORT
THIS AMENDMENT No. 1 to that certain Non-Exclusive Operating and Space Lease Agreement No. 25L418 (“Agreement”), is made and entered into this 1st day of July, 2026 (the “Effective Date”) by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and SIXT Rent a Car, LLC a Delaware limited liability company (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 1501 NW 49th Street, Fort Lauderdale, FL 33309. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, on November 1, 2025, City and Tenant entered into that certain Agreement 25L418 whereby Tenant would lease terminal use space at Palm Springs International Airport (“Airport”) and maintenance and office spaces at 2901 E. Alejo Road, Palm Springs, CA 92262 to operate rental car concession services at the Airport, as more specifically described in the Agreement;
WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2026, through June 30, 2027, subject to two (2) one-year optional extensions to be exercised at the City’s sole discretion, and to add staging space with corresponding fee, increase certain fixed rent charges, and revise the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described herein this Amendment No. 1.

AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:

Term: Extend the term for one year, commencing on July 1, 2026, through June 30, 2027, with two (2) one-year optional extensions.

Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.

As determined by the City in its sole discretion and subject to the operational needs of the Airport, the City may make available to Tenant staging spaces

S – Page 770 of 1230
SIXT Rent a Car LLC – Amdt. No. 1 - Page 2 of 5
located north of Hangar One, as illustrated in Exhibit A. A staging space is defined as the space for the parking of one (1) standard rental vehicle. The availability of such staging spaces is permissive only and does not guarantee that any particular space will remain available for any period of time. The City may reduce, relocate, or terminate Tenant's use of any staging space upon written notice if the City determines the space is needed for Airport operations or other Airport purposes. Tenant shall pay a fee of $200 per space per month for each staging space made available and used by Tenant. Tenant shall provide the City with at least thirty (30) days' prior written notice of its intent to discontinue use of any staging space. The City shall invoice Tenant at the beginning of each month for the full month's use.

No proration shall be provided for partial months of use or for unused staging spaces or unused days within a month.

Minimum Annual Guarantee (MAG):

Pursuant to Section 5.01 (A) of the Rental Car Agreement, the new Minimum Annual Guarantee (MAG) will be eighty-five percent (85%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2025 through May 31, 2026.

Lease Rates:

Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.

Current Rates Rates as of 7-1-26
Terminal Area $112.17 per sq. ft. $115.76 per sq. ft.

Service Facilities $6.00 per sq. ft. $6.19 per sq. ft.

Ready Return spaces $2,427.72 per space
annually
$2,505.41 per space
annually
Overflow Parking
Spaces
$2.61 per space per
day
$2.69 per space per
day
Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be limited to, the following: employment, upgrading demotion or transfer;

S – Page 771 of 1230
SIXT Rent a Car LLC – Amdt. No. 1 - Page 3 of 5
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)

S – Page 772 of 1230
SIXT Rent a Car LLC – Amdt. No. 1 - Page 4 of 5
SIGNATURE PAGE TO AMENDMENT NO. 1 TO AGREEMENT NO. 25L418 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND SIXT RENT A CAR LLC IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature
Name: Name:

Title: Title:

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

S – Page 773 of 1230
SIXT Rent a Car LLC – Amdt. No. 1 - Page 5 of 5

EXHIBIT A
HANGAR ONE – STAGING LOT
APPROXIMATELY 80 SPACES
HANGAR
ONE

STAGING
LOT

APPROXIMATELY
80 SPACES

S – Page 774 of 1230

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURES

S – Page 775 of 1230
S –
S –
S –
S –

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
Please see attached list  Officer  Director  Member  Manager  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 __________________________
Enterprise Rent-A-Car Company of Los Angeles, LLC
333 CITY BLVD WEST, ST. 1101, ORANGE, CA 92868
Formed in the state of Delaware and authorized to do business in California Docusign Envelope ID: BE902CA4-6663-42E1-BB02-97862F2FA17C

S – Page 780 of 1230

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

EXAMPLE
[name of owner/investor] [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 Enterprise Holdings, Inc. 100%
Docusign Envelope ID: BE902CA4-6663-42E1-BB02-97862F2FA17C 6/15/2025
Vice President of Finance
Thomas Klingler

S – Page 781 of 1230
Name Title
Andrew, Jr. Michael
(Mike) W. Manager and Secretary
Taylor, Christine B Manager
Willey, Russell A. Manager, President, Treasurer,
and Assistant Secretary
Todd, Ryan Vice President/GM
Bowman, Scott Vice President
Boyle, Tom Vice President
Fox, Steven L. Vice President
Klingler, Thomas A. Vice President
Vitt, Andrew Assistant Vice President
Cowan, Jeffrey Assistant Secretary
Morgan, Paula M. Assistant Secretary
Morrison, Matthew J Assistant Secretary
O'Keefe, Daniel Assistant Secretary
Smith, Larry A Assistant Secretary
Doyle, Kyle Regional Vice President
Foye, Krista Regional Vice President
Janneck, Jamie Regional Vice President
Rein Hoffman, Kaia K Regional Vice President
Twyman, Shaun Regional Vice President
Bitt, Mark Regional Vice President
Sheehan, Elizabeth VP Human Resources
Shenkin, Mitchell VP Sales and Marketing
Docusign Envelope ID: BE902CA4-6663-42E1-BB02-97862F2FA17C

S – Page 782 of 1230

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle Initial) E-mail Address Blum, Stephen A. (on behalf of The Hertz Corporation) [email protected] Positionfrltle
Senior Vice President, Real Estate and Facilities
Address
8501 Williams Road, Estero, Florida 3328
Work Phone: 239-301-7794 Reporting Status
Cell Phone: 781-389-6334 New Disclosure: X
Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a ·significant position with respect to that applicant" entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question.

A "significant position" shall be defined as follows:
i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization).

A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following:

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application; 2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars; 4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application.

S –
Organization/ Type of organization: Ownership Interest: Position: No ff nclude the address, city and state where the longer he organization is located) held:
1 The Hertz Corporation, a Delaware corporation 100% owned by Sr. Vice Pres., 8501 Williams Road Hertz Global Holdings, Real Estate & F acil i ies Estero, FL 33928 Inc. 2 Please find attached a list of the Officers and Dir ectors of The Hertz Corporatic n. Our Board of Dire ~ors must approve all changes, and we will submit an updated list at a later date sir ce we are awaiting formal approval of several changes. 3 4

5. 6.

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

ISC OS ng Party,/;/_ / / ~4~z___ ae May 31, 2020
On the basis of Information contained In this report, I conclude that the filer Is in compliance with Palm Springs Municipal Code Section 2.60, except as noted In the "comments" box below.

Comments:

Signature and Title of Agency's Final Reviewing Official S –

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle initial) E-mail Address Blum, Stephen A. (on behalf of DTG Operations, Inc.) [email protected] Position/Title
Vice President, Real Estate
Address
8501 Williams Road, Estero, Florida 3328
Work Phone: 239-301-7794 Reporting Status
Cell Phone: 781-389-6334 New Disclosure: x
Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question.

A "significant position" shall be defined as follows:
i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization).

A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following:

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;

2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;

4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application.

S –
Organization/ Type of organization: Ownership Interest: Position: No f {nclude the address, city and state where the longer he organization is located) held:
1 DTG Operations, Inc., an Oklahoma corporatio, 100% owned by The Vice President, 8501 Williams Road Hertz Corporation Real Estate
Estero, FL 33928
2 Please find attached a list of the Officers and Dir ectors of DTG Operations, Inc . Our Board of Direc ors must approve all changes, and we will submit an updated list at a later date sir ce we are awaiting formal aooroval of several changes.
3 4

5. 6.

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

I Signature of Disclosing P~~ Date
May 31, 2020
On the basis of information contained In this report, I conclude that the filer Is in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the "comments" box below.

Comments:

Signature and Title of Agency's Final Reviewing Official S –
DTG OPERATIONS, INC.

LIST OF OFFICERS & DIRECTORS
Nanter , ··i~'.::".D ;;~-~14_~;~ ,:,., · .\S ... , '1tttle . 6 .tf;l-;~fl/1( '"j ",ft1rt:::~:~· )Fi 'lff)'~" :f:~,,~~~ !~": il1tlf ,.Bole ~ .:ti Jackson, Jamere Director Director
Stone, Paul Director Director
Arrington, Darren Vice President Officer
Blum, Stephen A. Vice President, Real Estate Officer
Bridges, Scott Vice President, Franchise Operations Officer Burns, John C. Vice President and Assistant Treasurer Officer Costello, Lesley Assistant Secretary Officer
Drake, Julie Assistant Secretary Officer
Drumright, Janet L. Assistant Secretary Officer
Dubin, Clark Vice President, Insurance Officer
Ergas, Tim Vice President, Sales Americas Officer
Esper, R. Eric Vice President Officer
Galainena, M David Vice President and General Counsel Officer Griffith Spence, Terai Assistant Secretary Officer
Havis, Marc Vice President, Global Tax Officer
Honor, Maurice Vice President Officer
Jackson, Jamere Vice President, Finance Officer
Jacobs, Susan Vice President, Brand Marketing Officer
Johnson, Mark E. Vice President and Assistant Treasurer Officer Massengill, Scott Vice President and Treasurer Officer
McEvily, Richard P. Vice President, Deputy General Counsel Officer McGinley, Dennis Assistant Secretary Officer
Oates, Kennedy Vice President, Procurement and GCI Officer Potalivo, Matthew C Assistant Secretary Officer
Powell, Shontra Vice President, Sales Strategy and Operations Officer Schloss, Adam R. Assistant Secretary Officer
Sell, Monica Assistant Secretary Officer
S –
Silvan, Adam Assistant Secretary Officer
Stone, Paul President Officer
Stuart, Robert J. Vice President Officer
Watson, Albert Assistant Secretary Officer
Weinstein, Michael Vice President Officer
White, Randall Vice President, Labor and Employment Law Officer Effective on May 28, 2020
S –

S – Page 789 of 1230

S – Page 790 of 1230

CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND

AUTHORIZATION TO BID EAST PALM CANYON DRIVE BRIDGE, CITY PROJECT 12-04, FEDERAL AID PROJECT NO. BRLS 5282(041)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:

The construction documents (Plans, Specifications, and Estimate) for this project have been prepared and in accordance with Section 7.03.04 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and work details and authorize the bid request for all public projects exceeding $220,000.

Approval of this item will allow the Staff to proceed with soliciting bids for the East Palm Canyon Drive Bridge, City Project 12-04, Federal Aid Project No. BRLS 5282(041), (the “Project”).

RECOMMENDATION:

1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the East Palm Canyon Drive Bridge, City Project 12-04, Federal Aid Project No. BRLS 5282(041).

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

BACKGROUND:

The East Palm Canyon Drive Bridge, constructed in 1956 and widened in 1963, is listed in the Federal Eligible Bridge List with a low Sufficiency Rating (SR) of 42.6 according to the July 20, 2021, Bridge Inspection Report (BIR) prepared by Caltrans Office of Structure Maintenance and Investigations. Since the bridge is rated with a SR lower than 80, the bridge is eligible for major rehabilitation in accordance with the Highway Bridge Program (HBP) guidelines. A location map is provided in Figure 1 for reference.

T – Page 791 of 1230
City Council Staff Report
August 26, 2026 -- Page 2
Authorize Request for Bids for East Palm Canyon Bridge Project Figure 1
The Project includes a seismic retrofit and widening of the existing bridge over the Palm Canyon Wash. East Palm Canyon Drive will be maintained with four lanes of traffic (two eastbound, two westbound), separated by a new ten-foot-wide striped center median.

The roadway shoulders will be widened and a new ADA-compliant sidewalk will be constructed on the south side of the bridge. A retaining wall and separate sound wall will be constructed along the south side of East Palm Canyon Drive adjacent to the Horizon Mobile Village & RV Park. A traffic signal will be installed (via a separate project due to environmental clearance and funding requirements) at the intersection of East Palm Canyon Drive and Rim Road/ Southridge Drive. The bicycle/pedestrian bridge on the north side will remain, however, the deteriorated wood deck and wood railings will be replaced.

On September 3, 2014, the City Council approved Agreement A6597 with Dokken Engineering for the Project’s environmental and design phase, totaling $1,182,540. The agreement has since been amended four times, with Amendment No. 4 extending the contract to June 30, 2028, and adding environmental surveys, mitigation landscaping, and permitting coordination for $39,249.56. Construction documents were completed on July 2026 and are included as Attachment A.

On July 8, 2026, the City Council approved an Agreement with T.Y. Lin International (TYLin) for construction management services. Onboarding a construction management firm early allows the City to provide a constructability review, in-depth traffic control

T – Page 792 of 1230
City Council Staff Report
August 26, 2026 -- Page 3
Authorize Request for Bids for East Palm Canyon Bridge Project staging layout review, and public outreach well in advance of going out to bid for construction.

The Project Team has been compiling a residential and business address contact list since early August with outreach starting the following month. A public meeting will be planned several weeks before the start of construction. A copy of the construction plan set is included as Attachment A.

STAFF ANALYSIS:

With City Council approval, Staff will advertise the Project in The Desert Sun, and utilize the procurement site, PlanetBids™, to allow the submission of bids electronically. The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system. The anticipated schedule for releasing bids is provided below, but is subject to change based on preconstruction delays, bidder questions, quality of bids received, etc.

Notice Inviting Bids to be Posted: August 27, 2026
Deadline for Receipt of Bids: September 24, 2026
Contract Awarded by City Council: November 2026
Staff recommend the City Council approve the contract documents and grant authority to formally bid the subject Project for construction.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. The Project is funded, in part, by federal funds, requiring local oversight by the State of California, Department of Transportation (“Caltrans”).

As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On November 3, 2017, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exclusion in accordance with 23 CFR 771.117(d).

ALIGNMENT WITH STRATEGIC PLANNING:

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

T – Page 793 of 1230
City Council Staff Report
August 26, 2026 -- Page 4
Authorize Request for Bids for East Palm Canyon Bridge Project FISCAL IMPACT:

In August 2025, the City received federal authorization to move forward with building the Project. Following the bidding process, the Project will be submitted to the City Council for approval. At that time, a detailed breakdown of the Project costs, including construction, consultant services, and staff costs, will be presented for Council review and approval. If costs exceeds current available funding, additional federal funds will be requested once bids are opened.

The City will finance the initial upfront costs, however, through reimbursements, the City is expected to pay only a portion of the eligible total Project costs. The funding breakdown is shown below:
• Highway Bridge Funding Source (88.53% – Caltrans share) • Regional Measure A 134-Fund (75% of 11.47% – CVAG share) • Local Measure A 134-Fund (10% of 11.47% – City share) HBP funds are limited to work required to address the bridge's deficiencies, including the seismic retrofit, widening, and associated roadway, and pedestrian improvements within the limits of the bridge itself and eligible approach roadway. As a result, the traffic signal is a non-federally participating component of the Project, will be locally funded, and bid as a separate scope of work, concurrently with the bridge scope of work.

REVIEWED BY:

Acting City Engineer: Francisco Jaime
Assistant City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. The construction plans for City Project 12-04 are available on the City’s Website using the following link:
publicportal.palmspringsca.gov/WebLink/DocView.aspx?id=1464095&dbid=0&re po=CityHall-Primary

T – Page 794 of 1230
Attachment A
Project Plans and Specifications:
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx?id=1464095 &dbid=0&repo=CityHall-Primary

T – Page 795 of 1230

CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PAYROLL & ACCOUNTS PAYABLE WARRANTS,

CLAIMS AND DEMANDS
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:

Staff requests City Council approve a resolution authorizing payment of Payroll and Accounts Payable Warrants/Disbursements, drawn on Bank of America. This process occurs bi-weekly, with City Council approval required each month.

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 05-09-2026 AND 05-23- 2026 TOTALING $5,536,162.46 AND ACCOUNTS PAYABLE WARRANTS DATED 05- 07-2026 AND 05-21-2026 TOTALING $8,383,663.68 IN THE AGGREGATE AMOUNT OF $13,919,826.14, DRAWN ON BANK OF AMERICA”.

BACKGROUND:

Payroll and accounts payable warrants are issued regularly to fulfill the City’s obligations for employee compensation and vendor payments in accordance with City policy and budget authority.

STAFF ANALYSIS:

In accordance with Chapter 3.16 of the Palm Springs Municipal Code, the Director of Finance has conducted an audit of the payroll records covering the subject warrants and audited the claims and demands shown in the attached documents. The Director hereby certifies the accuracy of these records and confirms the availability of funds for payment.

U – Page 796 of 1230
City Council Staff Report
August 26, 2026 -- Page 2
Approval of Payroll & Accounts Payable Warrants, Claims and Demands FISCAL IMPACT:

Funding for these warrants is included in the Fiscal Year Adopted Budget.

REVIEWED BY:

Department Director: Kristopher J. Mooney
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Resolution
B. Payroll & Warrants Memo for PPE May 9, 2026
C. Payroll & Warrants Memo for PPE May 23, 2026
D. AP Check Reconciliation Register for May 7, 2026
E. AP Check Reconciliation Register for May 21, 2026

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ATTACHMENT A
Resolution

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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 05-09-2026 AND 05-23-2026 TOTALING
$5,536,162.46 AND ACCOUNTS PAYABLE WARRANTS
DATED 05-07-2026 AND 05-21-2026 TOTALING
$8,383,663.68 IN THE AGGREGATE AMOUNT OF
$13,919,826.14 DRAWN ON BANK OF AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

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

ADOPTED THIS 26TH DAY OF AUGUST 2026.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK

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Resolution No. _____