Agenda packet — Palm Springs City Council, September 9, 2026 (part 7 of 7)

Boilermakers Local 92:

Bricklayers Local 4:

Cement Masons Local 500:

District Council #36 (Painters, Drywall Finishers, Glaziers, Resilient Floor):

Electrical Workers Local 440:

Elevator Constructors Local 18: ------------------
Heat & Frost Insulators Local 5: ------------------
Iron Workers Local 416: ---------------------
Iron Workers Local 43 3: ---------------------
Laborers Local 300: -----------------------
Laborers Local 1184: ----------------------
Operating Engineers Local 12: __________________ _
Plasterers Local 200: ----------------------
Plater Tenders 1414: _____________________ _
U.A. Local 345: ------------------------
U.A. Local 364: ------------------------
City of Palm Springs CWA
55575.18100\33346385.2
37 58

C – Page 820 of 913
Signatory Unions -

Page 2 ends

Roofers & Waterproofers Local 220:

Sheet Metal Local 105:

Road Sprinkler Fitters Local 669:

Teamsters Local 166: -----------------------
Southwest Regional Council of Carpenters:

City of Palm Springs CWA
55575.18100\33346385.2
38 59

C – Page 821 of 913

ATTACHMENT A-LETTER OF ASSENT
To be signed by all contractors awarded work covered by the City of Palm Springs Community Workforce Agreement prior to commencing work.

CW A Administrator
City of Palm Springs
101 North D Street
Palm Springs, CA 9 __
Attn: --------
[Contractor's Letterhead]
Re: Community Workforce Agreement - Letter of Assent
Dear Sir/Madame:

This is to confirm that [ name of company] agrees to be party to and bound by the City of Palm Springs Community Workforce Agreement effective __ _... 2019, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms.

Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely,
[Name of Construction Company]
By: .___ ________ __. Name and Title of Authorized Executive Contractor State License No.: -------------
Business Address: -------------------
Business Phone: ---------------------
[Copies of this letter must be submitted to the CWA Administrator and to the Trades Council Consistent with Section 2.6 (b).]
39 City of Palm Springs CWA
55575.18100\33346385.2
60 C – Page 822 of 913

ATTACHMENT B
FIRST TIER ZIP CODES (CITY BOUNDARY including 20 MILE RADIUS) *Some Zip Codes shared with neighboring cities
(https://www.zip-codes.com/county/ca-riverside.asp)
92201
92203
92210
92211
92220
92223
92230
92234
City of Palm Springs CW A
55575.18100\33346385.2
92236
92240
92241
92253
92260
92262
92264
92270
92276
92282
40 61

C – Page 823 of 913

SECOND TIER ZIP CODES

REMAINDER OF RIVERSIDE COUNTY,
(https://www.zip-codes.com/county/ca-riverside.asp)
,i.
~
City of Palm Springs CW A
55575.18100\33346385.2
Zip Code
91752
92201
92225
92226
92235
92254
92274
92320
92501
92503
92504
92505
92506
92507
92508
92509
92518
92530
92532
92536
92539
92543
92544
92545
92548
92551
92553
92555
92571*
92557
92561
92562
92563
92570*
92567
92582
92583
92584
92585
92586
City
Mecca
Thermal
Calimesa
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Jurupa Valley
March Air Reserve Base
Lake Elsinore
Lake Elsinor
Aguanga
Hemet
Homeland
Moreno Valley
Moreno Valley
Moreno Valley
Moreno Valley
Mountain Center
Murrieta
Murrieta
41 Nuevo
San Jacinto
San Jacinto
Menifee
Menifee
Menifee
62 C – Page 824 of 913
92587
92590
92591
92592
92595
92596
92860
92879
92880
92881
92882
92883
Menifee
Temecula
Temecula
Temecula
Wildomar
Winchester
Norco
Corona
Corona
Corona
Corona
Corona
~:":!c::.:!:::~-,!!:::=..!!u', ~~~~~~~~~!litiiM.1
_.,.--.. I I ... - I
' . ·- '.it'. ~, I ~ - I! . ~.:.~::~ .....

SliMIFdll
City of Palm Springs CW A
55575.18100\33346385.2
t •.~ ; 1.• .ii • • ::: r -i., • • L ~• I' -• :,_• 7 'I' • .-r . . •-. - • • - - - .~. ~·~""l'rl""'-1•,11 r •• ._ .......
42 63

C – Page 825 of 913

ATTACHMENT C

CITY OF PALM SPRINGS

CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your records.

The City of Palm Springs Community Workforce Agreement establishes a goal that 30% of the total work hours shall be from Local ResidentsVeteFaBs, Feg&Faless ef vmeFe they Fesiae, aBa weFleeFS FesiaiRg: first, in those first tier zip codes which overlap all of the City of Palm Springs, as attached hereto, second, residing within Riverside County. For Dispatch purposes, employees residing within either of these two (2) areas, as well as \leteRms, Feg&Faless ehmeFe tlte~· Fesiae, shall be referred to as Local Residents.

TO THE UNION: Please complete the "Union Use Only" section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY
To: Union Local # ____ _ Fax#...,__.,_ _____ _ Date: _________ _ Cc: CW A Administrator
From: Company: ____________ _ Issued By: ____________ _ Contact Phone :...,______.. _______ _ Contact Fax: ..,____. __________ _ PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Local Resident, Number Craft Classification Journeyman Veteran of (i.e., plumber, painter, or or workers Report Date Report Time etc.) Apprentice General Dispatch needed
TOTAL WORKERS REQUESTED=
Please have worker(s) report to the following work address indicated below:

Project Name: __________ Site: _________ Address: _ ________ _ Report to: On-site Tel: On-site Fax: _______ _
Comment or Special Instructions:

City of Palm Springs CW A
55575.18100\33346385.2
43 64

C – Page 826 of 913

UNION USE ONLY
Date dispatch request received:

Dispatch received by:

Classification of worker requested:

Classification of worker dispatched:

WORKER REFERRED
Name:

Date worker was dispatched:

Is the worker referred a:

JOURNEYMAN

APPRENTICE

LOCAL RESIDENT

VETERAN

GENERAL DISPATCH FROM OUT OF WORK LIST
City of Palm Springs CW A
55575.18100\33346385.2
44 (check all that apply)
Yes No -- --
Yes -- No --
Yes No -- --
Yes -- No --
Yes -- No --
65 C – Page 827 of 913
City of Palm Springs CW A
55575.18100\33346385.2

ATTACHMENT D
List of Neutral Arbitrators
[Subject to Confirmation]
Mark Burstein
Walter Daugherty
Fred Horowitz
Michael Prihar
Louis Zigman
45 66

C – Page 828 of 913
ATTACHMENT "E"

SUBSTANCE ABUSE POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs.

Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol free work environment, individual Employers may require applicants or employees to undergo drug and alcohol testing.

1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Employer's job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement ("CW A").

2. No Employer may implement a drug testing program which does not conform in all respects to the provisions of this Policy.

3. No Employer may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Work Supervisor. Said notice shall be addressed to the office of each Union signing the Community Workforce Agreement.

Said notice shall be delivered in person or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Employer a violation of the CW A, and the Employer may not implement any form of drug testing at such jobsite for the following six months.

4. An employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project Work to be tested. With respect to individuals who become employed on the Project Work subsequent to the proper implementation of this drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of this drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) (1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.

5. The following procedure shall apply to all drug testing:
a. The Employer may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Employer shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be 46 City of Palm Springs CW A
55575.18100\33346385.2
67 C – Page 829 of 913
permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Employer and the Union.
c. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS).

Cutoff levels for both the initial test and confirmation test will be those established by the SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new testing procedures are approved, then these new regulations will be deemed as part of this existing agreement. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures. d. In the event of a confirmed positive test result the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Employer between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant's or employee's expense. In the event of conflicting test results the Employer may require a third test.
e. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the Project Work. f. No individual who tests negative for drugs or alcohol pursuant to the above procedure and becomes employed on the Project Work shall again be subjected to drug testing with the following exceptions:

1. Employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/her or others may be tested pursuant to the procedures stated hereinabove.

2. The Employer may test employees following thirty (30) days advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove.

3. The Employer may test an employee where the Employer has reasonable cause to believe that the employee is impaired from performing his/her job. 47 City of Palm Springs CW A
55575.18100\33346385.2
68 C – Page 830 of 913
Reasonable cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (i.e., slurred speech, unusual lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the job steward. If the job steward is unavailable or there is no job steward on the project the other person shall be a member of the applicable Union's bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Employer's payroll. g. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union's Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The employers will be allowed to conduct periodic job site drug testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test;
b. Jobsite testing cannot commence sooner than thirty (30) days after start of the work on the Project;
c. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the provisions set forth in Paragraph 5 hereinabove.
e. Only two periodic tests may be performed in a twelve month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Employer to remove the employee from the jobsite.

8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CW A.

9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreement be found 48 City of Palm Springs CW A
55575.18100\33346385.2
69 C – Page 831 of 913
unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee's expense. When such program has been successfully completed the Employer shall not discriminate in any way against the employee. If work for which the employee is qualified exists he/she shall be reinstated.

11. The Employer agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law.

Such records shall not be released to any persons or entities other than designated Employer representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.

12. The Employer shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or any program permitted hereunder.

13. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

14. This Memorandum, of Understanding shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the parties.

City of Palm Springs CW A
55575.18100\33346385.2
49 70

C – Page 832 of 913

DRUG ABUSE PREVENTION AND DETECTION

APPENDIX A

CUTOFF LEVELS

SCREENING SCREENING CONFIRMATION
DRUG METHOD LEVEL ** METHOD
Alcohol EMIT 0.02% CG/MS
Amphetamines EMIT 1000 ng/m* CG/MS
Barbiturates EMIT 300 ng/ml CG/MS
Benzodiazepines EMIT 300 ng/ml CG/MS
Cocaine EMIT 300 ng/ml* CG/MS
Methadone EMIT 300 ng/ml CG/MS
Methaqualone EMIT 300 ng/ml CG/MS
Opiates EMIT 2000 ng/ml* CG/MS
PCP (Phencyclidine) EMIT 25 ng/ml* CG/MS
THC (Marijuana) EMIT 50 ng/ml* CG/MS
Propoxyphene EMIT 300 ng/ml CG/MS
* SAMHSA specified threshold

CONFIRMATION
LEVEL

0.02%
500 ng/ml*
200 ng/ml
300 ng/ml
150 ng/ml*
100 ng/ml
300 ng/ml
2000 ng/ml*
25 ng/ml*
15 ng/ml*
100 ng/ml
* * A sample reported positive contains the Indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug below the cutoff level.

EMIT - Enzyme Immunoassay
CC/MS - Gas Chromatography/Mass Spectrometry
City of Palm Springs CW A
55575.18100\33346385.2
so
71 C – Page 833 of 913

SIDE LETTER OF AGREEMENT

TESTING POLICY FOR DRUG ABUSE
It is hereby agreed between the parties hereto that an Employer who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a "quick" drug screening test. This "quick" screen test shall consist either of the "ICUP" urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two "quick" screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related to the "quick" screen test.

City of Palm Springs CW A
55575.18100\33346385.2
51 72

C – Page 834 of 913
RE: City of Perris Bids - December 2019 thru February 2021 Community Workforce Agreement (CWA)
Effective since August 2019
A review of CWA Covered Proiects:
1 ). Nuevo Road Bridge reconstruction and • Engineers estimate - $10 .2 million.

Widening • 7 bids - 3 bids below the estimate
CW A Covered Project • Lowest bid - $8,649,999 million
2). Morgan Park Phase II • Engineers estimate - $3.475 million.

CW A Covered Project • 7 bids - 3 bids below estimate
• Lowest bid - $3,300,520 million
3). Goetz Road Widening Improvement • Engineers estimate - $6.6 million.

Project • 8 bids - 5 below estimate
CW A Covered Project • Lowest bid - $6,144,444 million. 4 ). Clearing and Grubbing Work/Enchanted • Estimated value - $150,000.00 Hills Park • 2 bids*
CW A Covered Project • Lowest bid - $158,500.00; 5.6% over estimated value.
*The background and discussion provided to the Perris City Council referenced the fact that only two (2) bids were received and went on to claim that the specifications included the CW A requirement, "Which may have resulted in a low bid response".

A review ofNon-CWA Covered Projects:

I). Copper Creek Park • Engineers estimate - $489,103.00.

Non-Covered Project • 5 bids - lowest bid, $536,400.00 (nonresponsive) • Low awarded bid - $687,255.00; 40% over
engineers estimate
2). Civic Center Improvements • Estimated value - $575,000.00 Non-Covered Project • 7 bids- Lowest bid, $557,000.00
• 6 bids exceeded the estimate.
•
3). "A" Street at, Nuevo Road ADA Ramps • Engineers estimate - $300,000.00.

Non-Covered Project • 7 Bidders - Lowest bid, $284,600
• 5 bids exceeded the estimate
73 C – Page 835 of 913
4 ). 3rd Street and "C" Street Traffic Calming • Engineers estimate - $90,000.00.

Improvements • 4 Bidders - Lowest bid, $151,252.00
Non-Covered Project • 69% over engineers estimates.
5). Civic Center Improvements • Estimate value, $200,000.00. 22 7 North D Street • 2 Bidders - Lowest bid, $313,348.56.

Non-Covered Project • * Awarded - 56% overestimate.
• Note: No commentary on the 2 bidders, as
there was on the Enchanted Hills Project; a
CW A Covered Project.
6). GEAR Class III Lane Project • Engineers estimate - none.

Non-Covered Project • Low and only bidder - $69,981.00. • Note: No commentary regarding "lack of
bidders".
74 C – Page 836 of 913
Attachment D -
February 27, 2020
Staff Report

C – Page 837 of 913
City Council Staff Report
Date: February 27, 2020 NEW BUSINESS
Subject: DISCUSSION REGARDING COMMUNITY WORKFORCE

AGREEMENTS AND LABOR PEACE AGREEMENTS
From: David H. Ready, City Manager
Initiated by: Jeffrey S. Ballinger, City Attorney

SUMMARY
At the January 13, 2020 Business Retention Standing Subcommittee, the Subcommittee heard a presentation regarding Community Workforce Agreements (CWA) and Labor Peace Agreements. The Subcommittee also heard from various stakeholders, including representatives of labor groups and the business community.

Based on that discussion, the Subcommittee recommended that the City Council conduct a discussion of CWAs and Labor Peace Agreements, in order to possibly provide direction to City staff to bring back policies that would require such agreements for City projects.

RECOMMENDATION:

Provide direction to staff regarding the applicability of CWAs and/or Labor Peace Agreements.

BACKGROUND:

In the public sector, a Community Workforce Agreement is a variation of a Project Labor Agreement (PLA). A PLA is pre-hire, collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project or class of projects. A Community Workforce Agreement (CWA) is a PLA that includes a targeted hire provision designed to create local jobs and/or achieve other social welfare goals through the construction projects they apply to. Such social welfare goals can include targeted hiring of low-income individuals, veterans, former offenders, residents of low-income neighborhoods, at-risk youth, and (for projects with federal funds) percentage goals for racial minorities and women.

ITEM NO. S P,.

C – Page 838 of 913
2 City Council Staff Report
February 27, 2020 - Page 2
Community Workforce Agreements and Labor Peace Agreements A Labor Peace Agreement, at least as defined by California cannabis law, is defined as an agreement between a cannabis licensee and any bona fide labor organization that, at a minimum, prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant's business. (Bus. & Prof. Code, § 26001 (x).) This agreement must include a provision that the cannabis business has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the business' employees. The agreement must also provide a bona fide labor organization access at reasonable times to areas in which the business' employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. Finally, under state law, the agreement need not mandate any particular method of election or certification of the bona fide labor organization.

This staff report discusses each of these types of agreements and the social, fiscal and legal issues involved with each of them.

STAFF ANALYSIS:

Community Workforce Agreements
As mentioned above, a Community Workforce Agreement is a pre-hire, collective bargaining agreement with one or more labor organizations that is designed to achieve one or more social welfare goals. The predecessors of these agreements, PLAs, have been in use in the United States since the 1930s. PLAs first became the subject of significant public debate in the 1980s. In these instances, government entities made signing PLAs a condition of working on taxpayer funded projects. This type of PLA, also known as a government-mandated PLA, is technically distinct from a PLA that is voluntarily entered into by contractors on public works project. However, for purposes of this discussion, all references to CWA or PLA will refer to CWAs or PLAs that are required by a city program.

The use of CWAs is supported by many construction unions, and some policymakers, who posit that CWAs are needed to ensure that large, complex projects are completed on time and on schedule. According to those who support the use of such agreements, CWAs enable project owners to control costs and ensure that there are no disruptions to the construction schedule, for example from strikes. In particular, proponents of CWAs point to the inclusion of clauses in the agreement that agree to establish labor management problem-solving committees that deal with scheduling, quality control, health and safety, and productivity problems during the project. They also argue that CWAs ensure that the workforce hired has received training and is of high quality. In addition to the stated benefits to project owners, supporters of CWAs also argue that CWA use has a positive impact on local communities, through set goals for local hiring and provision of education.

One issue that frequently arises during discussions of CWAs is cost. Those who oppose CWAs argue that CWAs impact competition for project bids, reducing the C –
3 City Council Staff Report
February 27, 2020 - Page 3
Community Workforce Agreements and Labor Peace Agreements number of potential bidders as non-union contractors, they argue, are less likely to bid due to the potential restrictions a CWA would pose. According to opponents of CWAs, the requced competition leads to higher bids and a higher cost for the project owner.

For example, according to Max Lyons of the Employee Policy Foundation, the cost of a project under a CWA is increased up to 7%, since in many cases contractors are required to pay their employees the union wage, rather than the governmentdetermined prevailing wage. (Tuerck, David G. (Winter 2010) "Why Project Labor Agreements Are Not In The Public Interest". Cato Journal.) Other studies out of Massachusetts, Connecticut and New York concluded that PLA increase construction costs by as much as 20%. (Beacon Hill Study Finds PLAs Increase Cost of School Projects in New York (May 2006).)
In response, supporters of CWAs point out that, by including requirements for targeted hiring or a certain proportion of local workers to enter union apprenticeship programs working on the construction program, CWAs can be used to help local workers gain employment and trade skills. This, proponents point out, re-injects the tax dollars paying for these infrastructure projects back to the communities. (UCLA Labor Center, "Construction Careers for our Communities." p. 5, 46"; Cornejo, Jackie. Building Opportunity: Investing in Our Future through a Port Construction Careers Policy. Los Angeles Alliance for a New Economy (2009)"; Project Labor Agreements in Iowa: An Important Tool for Managing Complex Public Construction Projects, Ralph Scharnau & Michael F. Sheehan, The Iowa Policy Project (2004)".)
Results of studies addressing the cost impact of CWAs on construction projects have varied. For instance, one such study found that they may not lead to greater costs, such as a 2002 paper by the Harvard University Joint Center for Housing Studies, which states that the increased costs cited by opponents of CWAs is based on bids rather than end costs. According to the paper, a project's end costs would usually be higher than bid costs due to expenses that arise during construction. (Project Labor Agreements. John T. Dunlop, Harvard University Joint Center for Housing Studies (2002).) In addition, a 2004 report by the Director of General Services for Contra Costa County, California reported that bids for five of eight projects subject to a CWA were lower than the architect/engineer cost estimate.

A 2009 paper concluded that there was difficulty in identifying the effect of CWAs on cost in construction of schools, due to the differences between schools built with CWAs and those built without them. The report stated that there was not any statistically significant evidence for an increase in costs for school construction. (Project Labor Agreements' Effect on School Construction Costs in Massachusetts.) Likewise, in 1998 the Government Accountability Office produced a report on CWAs that noted an overall lack of data but reported that both "proponents and opponents of the use of [CWAs] said it would be difficult to compare contractor performance on federal projects with and without [CWAs] because it is highly unlikely that two such projects could be found that were sufficiently similar in cost, size, scope, and timing." The GAO report concluded that it would be difficult to draw "any definitive conclusions" on the impact of PLAs on performance. (Project Labor Agreements: The Extent of Their Use and Related Information. U.S. General Accounting Office, GAO/GGD-98-82, May 1998.) C –
4 City Council Staff Report
February 27, 2020 - Page 4
Community Workforce Agreements and Labor Peace Agreements Finally, recent discussions with several local contractors have suggested that costs to City public works projects would not increase appreciably, since contractors and subcontractors are already required to pay State or federal prevailing wages, and in many cases, contractors are already using union labor.

Staff was able to perform research and found examples of CWAs in other jurisdictions.

Among the examples are:

Jurisdiction Year
Long Beach C~y 2016
College Community 2008
Redevelopment
Agency of Los Angeles
Los Angeles 2001
Community College
District
San Francisco 2003
Public Utilities
Commission Water
System
Improvement
Program
City of Los Angeles 2001
Type of Project
Specified College
building projects, including buildings, a parking structure, an aquatics center, and
security systems.

Public works projects of
$500,000 or more.

Projects on CRA land.

Private projects
receiving $1,000,000 or
more from CRA.

General construction
projects receiving at
least $225,000 in school
bond funds.

Specialty construction
projects receiving at
least $25,000 in school
bond funds.

All construction work on
the Hetch Hetchy Water
System upgrade.

Any work on certain,
specific City public
works projects-North
East Sewer Interceptor,
Fire Station 64, Harbor
Community Benefit
40% goal for veterans' and local
residents' employment, which
includes a goal of 15% for local
residents within district boundaries.
5% goal for Small Business and
Minority/Women-owned Enterprises
to participate as contractors or
suppliers.
30% of all work hours under the
agreement to be performed by
residents of law-income
neighborhoods.
10% of the total work hours are
reserved for at-risk and hard-toemploy workers.

Apprentice work hours by
Community Area and Local
Residents.
30% of work hours on covered
construction to be performed by
workers that live in the same zip
code as the project, with further
targeting of some jobs at-risk job
seekers.
30% of work hours should be
performed by apprentices, and half of
all apprentices that work on these
jobs in their first year
Contractors must exercise "good
faith efforts" to employ apprentices in
amounts consistent with State
standards.
30-40% of new construction jobs created be filled by residents of neighborhoods adjacent to the
project.
10-15% of construction work hours
C –
5 City Council Staff Report
February 27, 2020 - Page 5
Community Workforce Agreements and Labor Peace Agreements Los Angeles Unified 2003
School District
Port of Oakland 2001
City of Santa Ana 2017
San Francisco 2007
Station/Jail, Metro
Detention Center, Police
Administration Building,
etc.

New or Rehabbed
School Construction
funded by local school
bonds.

All work under the Port's
5 Year capital program,
as well as unplanned
projects of $50,000 or
more
Construction or
demolition work on City
public works projects,
over $250,000 for
specialty work or
$500,000 for general
work.

Construction work on
be performed by at-risk workers,
including workers from poor households and workers with a history of incarceration or receipt of public assistance, among other things.
50% of the work hours be performed
by residents of zip codes served by
one of the 8 school districts that
make up the unified district.
30% of the work be completed by
apprentices.

The school district also operates a
pre-apprenticeship program, We
Build, overseen by a joint labormanagement board. Program delivers a 10-week skills and safety
training curriculum developed in
conjunction with the Building Trades.

There is no requirement that
contractors hire their workforce
through We Build. However, the preapprenticeship program provides a pipeline of trained and oriented
workers, many of whom meet the
targeting requirements established
by the CWA. We Build's training
model enables its graduates to better
compete with other aspiring
apprentices. The program boasts a
90% placement rate. 50% of all construction hours be
worked by residents of the Port's
local impact area, which includes the
neighboring communities of
Alameda, Emeryville, Oakland and
San Leandro.
20% of all hours worked be
performed by apprentices from the
local impact area, providing an entrypoint into construction careers for new and aspiring construction
workers.
30% of the total works hours to be
performed from workers residing
within the City, and Veterans
regardless of where they reside.

Apprentices with certain
requirements generally to constitute
up to 30% of each craft's workforce.

Goal that 20% of work hours be
C –
6 City Council Staff Report
February 27, 2020 - Page 6
Community Workforce Agreements and Labor Peace Agreements Public Utilities
Commission City of New York 2009 City of Perris 2018
Cleveland
Hospital
University performed by Cleveland residents.

Renovation and
rehabilitation of cityowned buildings;
Eleven large-scale new
construction projects,
including the Police
Academy and a branch
library, among others;
Funding for renovation
and rehabilitation of
New York Public
Schools, overseen by
the New York City
School Construction
Authority;
Renovation and
rehabilitation of water
systems facilities
controlled by the New
York City Department of
Environmental
Protection.

City public works
projects of $1,000,000
or more.

Additionally, the agreement
formalizes the existing relationship
between the local Trades Council
and the pre-apprenticeship
curriculum offered to 9-12 grade
students at Max S. Hayes Vocational
High School. The unions agree to
participate in development of the
curriculum at Max Hayes, and to use
reasonable efforts to require
contractors and unions to provide
jobs to Max Hayes building trades
graduates. The trades agree to devote one class of the joint labormanagement pre-apprenticeship program to Max Hayes building
trades graduates. Graduates receive
direct entry into union construction
apprenticeships. Those graduates
who get into the program by virtue of
graduation from Max Hayes high
school are to be employed on
University Hospital construction
projects that are covered by the
CWA.
45% of new apprentice slots be filled
by New York City residents including
public high school graduates,
veterans, women, housing authority
and Section 8 residents, and adults
in need of economic opportunity.

A commitment that affiliated unions
will reserve apprenticeship slots for
direct entry of these groups, meaning
that qualified apprenticeship
candidates who are also a member
of one of these named groups have
an easier time getting into an
apprenticeship program.
30% of the labor and craft positions
be workers residing within the City
and local zip codes
C –
7 City Council Staff Report
February 27, 2020 - Page 7
Community Workforce Agreements and Labor Peace Agreements 10% be disadvantaged workers
and/or veterans residing within the
City or County. Goal that 30% of total worked hours
be by workers residing within the City
and local areas, as well as veterans,
regardless of residence.

Therefore, should the City Council wish to proceed with implementing a CWA program, the first issue to be resolved is, what one or more types of community benefits does the City Council wish to achieve? Is it local hires, veteran hires, lower income hires, apprenticeship opportunities? These are all legitimate social welfare benefits that can accrue to a community as a result of a CWA program.

The next issue to be resolved is what size of City projects (usually measured in dollars) does the City Council wish to be subject to CWAs. Some, but not all, of the abovereferenced projects include a dollar threshold, i.e., $250,000, $1,000,000, $100,000,000. While such a threshold is not necessary, the City Council may want to consider such a threshold, if the Council wishes to proceed incrementally.

Labor Peace Agreements
Unlike Community Workforce Agreements, Labor Peace Agreements do not specifically require the use of union labor. Instead, Labor Peace Agreements set out general parameters of a workplace environment within which unionization can be fostered (though not required). So, for example, under California's cannabis statutes, cannabis operators with 20 or more employees must provide a notarized statement that the operator will enter into, or has already entered into, and will abide by a Labor Peace Agreement. The state definition of a Labor Peace Agreement is an agreement between a cannabis licensee and any bona fide labor organization that, at a minimum, prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant's business. (Bus. & Prof. Code, § 26001 (x).)
The agreement must include a provision that the cannabis business has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the business' employees. In addition, the agreement must also provide a bona fide labor organization access at reasonable times to areas in which the business' employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. Finally, the Labor Peace Agreement need not mandate any particular method of election or certification of the bona fide labor organization.

Some cities have recently adopted ordinances that reduce the minimum number of employees of cannabis businesses from 20, to a lower number. For instance, Cathedral City recently adopted an ordinance that requires cannabis operators with 10 or more employees to enter into a Labor Peace Agreement. See Attachment 1.

Likewise, the City of Pomona has adopted an ordinance that requires cannabis C –
8 City Council Staff Report
February 27, 2020 - Page 8
Community Workforce Agreements and Labor Peace Agreements permittees with 5 or more employees to enter into, and abide by, a labor peace agreement. See Attachment 2. A proposed draft ordinance similar to Cathedral City's is attached, for discussion purposes, as Attachment 3.

Like PLAs or CWAs, Labor Peace Agreements have withstood legal challenges when the public agency imposing them is doing so to protect a proprietary, as opposed to a regulatory interest. At the state level, the State of California is asserting a proprietary interest in the significant sums of tax revenue that are expected to be received from the cannabis industry. Again, as with the PLAs/CWAs, as the application of Labor Peace Agreements moves away from the City's proprietary interests and towards its regulatory interests, the legal issues become less clear.

Therefore, the City Council is being asked to consider whether to extend the application of the State's Labor Peace Agreement requirement to those cannabis businesses that employ fewer than 20 employees.

ENVIRONMENTAL IMPACT:

The requested City Council action is not a "Project" as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (2) "Continuing administrative or maintenance activities, such as purchases for supplies, personnelrelated actions, general policy and procedure making .... " Should the City Council provide direction to bring back a program to implements CWAs and/or labor peace agreements, such action would constitute general policy and procedure making.

C –
9 City Council Staff Report
February 27, 2020 - Page 9
Community Workforce Agreements and Labor Peace Agreements FISCAL IMPACT:

As discussed above, there is conflicting information regarding the fiscal impacts of Community Workforce Agreements and Labor Peace Agreements. Some reports estimate that Community Workforce Agreements may increase the cost of public works projects anywhere from 7% to 20%. On the other hand, conversations with local contractors have indicated that there may be only insignificant increases. Finally, no studies have been found that account for the secondary impacts of CWAs, in terms of the benefits to the community resulting from increased employment and apprentice opportunities. As such, it is not possible to say definitively what the fiscal impacts of these agreement programs are.

SUBMITTED:

Marcus L. Fuller, MPA, P.E., P.L.S.

Assistant City Manager/City Engineer
City Attorney
ATTACHMENTS:
<
-:&..-----J2~ ,,
David H. Ready, E.

City Manager

1. Cathedral City Cannabis Labor Peace Agreement

2. Pomona Cannabis Labor Peace Agreement

3. Draft City of Palm Springs Cannabis Labor Peace Agreement C –
10 ATTACHMENT 1
C –
11 ORDINANCE NO. 817
AN ORDINANCE OF THE CllY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA AMENDING CHAPTER 5.88

OF THE CATHEDRAL CITY MUNICIPAL CODE TO REQUIRE

CANNABIS BUSINESSES TO ENTER INTO LABOR PEACE

AGREEMENTS AS A CONDITION OF LICENSURE RENEWAL
WHEREAS, Business and Professions Code section 26051.5 requires every cannabis business with 20 or more employees seeking a license to operate from the State to enter into a labor peace agreement; and
WHEREAS, the City Council desires to make a labor peace agreement a requirement of obtaining a City cannabis business license renewal for all cannabis businesses with 1 O or more employees.

THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment of Chapter 5.88.

Chapter 5.88 (Cannabis Businesses) of the Cathedral City Municipal Code is amended as follows:

A. Section 5.88.055(&) Is amendment to add a new subparagraph 4 and renumber the existing subparagraph 4 to 5.
•4. For licensees that have 10 or more full-time equivalent non-supervisorial employees, proof that the licensee has entered into and abided by the terms of a labor peace agreement.•
B. Section 5.88.025 Is amended to insert the following definition in alphabetical order. "Non-supervisorial employee• means an individual employed by the licensee that does n9t have the authority to hire, fire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them orto adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment For the purposes of this definition, an individual shall not be considered an employee of a licensee if the individual is working for the licensee pursuant to a written agreement that expressly states the individual is an independent contractor.• SECTION 2. CEQA.

The City Council hereby finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that this Ordinance does not have the potential to cause a significant effect on the environment.

SECTION 3. Effective Date.

This Ordinance shall be effective 30 days from and after its final passage. Notwithstanding the foregoing, the City Council hereby mandates a grace period of ninety (90) days from the effective date of this Ordinance to educate beverage vendors of the terms of this Ordinance, during which time no action shaU be taken by the City to enforce this Ordinance.

C –
12 SECTION 4. Severability.

If any. section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Cathedral City hereby declare they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstit~onal.

SECTION 5. Publlcatlon.

The City clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).

INTRODUCED at the regular meeting of Cathedral City City Council on the 14th day of November, 2018.

APPROVED AND ADOPTED this 28th day of November, 2018.
---·
ATTEST: APPROVED AS TO FORM:
' Eric S. Vail, City Attorney
C –
13 I, TRACEY R. MARTINEZ, CITY CLERK of the City of Cathedral City, do hereby certify that the foregoing Ordinance was introduced on the 14th day of November 201 a. and adopted at a regular meeting of the City Council of the City of Cathedral City held on the 12th day of December, 2018 by the following vote:

AYES: Councilmembers Gutierrez, Gregory and Aguilar; Mayor Pro Tem Carnevale and Mayor Prttis
NOES: None
ABSENT: None
ABSTAIN: None
C –
14 ATTACHMENT 2
C –
15 ORDINANCE NO. 4257

AN ORDINANCE OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE POMONA CITY CODE BY ADDING CHAPTER 68, "COMMERCIAL
CANNABIS BUSINESSES"
WHEREAS, on February 4, 2008, the City Council adopted Ordinance No. 4096 to prohibit the establishment and operation of medical marijuana dispensaries citywide and on January 11, 2016 City Council adopted Ordinance No. 4215, amending the Pomona Zoning Ordinance to prohibit marijuana cultivation citywide;
WHEREAS, on February 22, 2016 City Council adopted Ordinance No. 4217, amending Chapter 34 of the Pomona City Code to add Article IX relating to the prohibition of marijuana deliveries citywide;
WHEREAS, on November 8, 2016, California voters approved Proposition 64, titled the "Adult Use of Marijuana Act" (the "AUMA") and enacted a state statutory scheme legalizing, controlling, and regulating the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical ("adult-use" or "recreational") cannabis, including cannabis products, for use by adults twenty-one (21) years of age and older;
WHEREAS, the following percentages of the populations for the respective jurisdictions voted affirmatively to pass AUMA: 57.40 percent statewide; 59.5 percent in Los Angeles County; and 57 percent in City of Pomona;
WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" ("SB 94" or the "MAUCRSA"). SB 94 creates one state regulatory structure for medical and adult-use commercial cannabis activities, reconciling AUMA, with the Compassionate Use Act of 1996 (Proposition 215) and MCRSA (collectively referred to as ''the Act"). SB 94 provided that a state license will not be approved for a business to engage in Commercial Cannabis Activity if the business activity violates any local ordinance or regulation;
WHEREAS, in preparation for the implementation of MAUCRSA, in November 2017, the three State licensing authorities charged with licensing and regulating commercial cannabis activities in California, the Bureau of Cannabis Control ("BCC"), the California Department of Food and Agriculture ("CDF A"), and the California Department of Public Health ("CDPW'), commenced releasing emergency regulations, outlining the standards and licensing procedures for both medicinal and adult-use commercial cannabis, and began issuing licenses for such activities on January 1, 2018;
WHEREAS, on November 6, 2017, City Council passed Ordinance 4241, to explicitly prohibit Commercial Cannabis Activity citywide, and Ordinance 4242, which established a -1-
C –
16 e. Testing Laboratories (only): For applicants seeking to operate a testing laboratory, describe operating procedures as required by the applicable state law and regulations, with references to the applicable state law or regulation requiring same.
(1 t) For applicants with five or more employees, the applicant shall attest that the applicant will enter into a labor peace agreement and will abide by the terms of the agreement, and the applicant shall provide a copy thereof to the City. For applicants that have not yet entered into a labor peace agreement, the applicant shall provide a notariz.ed statement indicating that within 30-days of licensure the applicant will enter into and abide by the labor peace agreement.
( 12) All applicants shall submit a workforce plan that includes at least the following provisions: (1) commitment for 300/4 of employees to be local hires; this local hires requirement is satisfied when a business shows that it has either hired or made a good faith effort to hire bona fide residents of Pomona who have not established residency after application for employment with the pennittee; (2) commitment to offer apprenticeships and/or compensation for continuing education in the field; and (3) pay a living wage to its employees.
(13) Collective Bargaining Agreement: If applicable, the applicant shall submit current collective bargaining agreement with labor organization that currently represents cannabis workers in the United States.
( 14) Seller's Permit: The applicant shall provide a valid seller's pennit number issued by the California Department of Tax and Fee Administration, if applicable.

If the applicant has not yet received a seller's permit, the applicant shall attest that the applicant is or will before commencing operations, apply for a seller's permit. ( 15) Indemnification Agreement: To the fullest extent permitted by local, state and federal law, the City shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Pennit or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Pennit, the applicant is to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis Pennittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from the Agreement. (16) Payment of Application Fee: Each applicant shall pay the applicable fee(s) pursuant to this Chapter.
(b) Background Check. Pursuant to California Penal Code Sections 111 OS(b )( 11) and 13300(b )(1 t ), which authorizes City authorities to access state and local summary criminal -19-
C –
17 ATTACHMENT 3
C –
18 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, ADDING PALM
SPRINGS MUNICIPAL CODE SECTION 5.55.115 TO

REQUIRE CANNABIS BUSINESSES TO ENTER INTO

LABOR PEACE AGREEMENTS AS A CONDITION OF

CANNABIS BUSINESS LICENSURE, TRANSFER OR

RENEWAL
City Attorney's Summary
This ordinance amends the City of Palm Springs Municipal Code requirements for cannabis businesses by requiring
those cannabis businesses with five (5) or more employees to enter into a labor peace agreement.

WHEREAS, Business and Professions Code section 26051.5 requires every cannabis business with 20 or more employees seeking a license to operate from the State to enter into a labor peace agreement; and
WHEREAS, the City Council desires to make a labor peace agreement a requirement of obtaining a City cannabis business license issuance, renewal or transfer for all cannabis businesses with five (5) or more employees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Code Amendment. Section 5.55.115 of the Palm Springs Municipal Code is hereby added to read as follows:
"5.55.115 Labor Peace Agreements.

A. For applicants or permittees that have five (5) or more full-time equivalent non-supervisorial employees, the applicant for a new permit, or for a renewal or transfer, shall provide proof, satisfactory to the City, that the applicant or permittee has entered into and will abide by the terms of a labor peace agreement.

B. For purposes of this section, "non-supervisorial employee" means an individual employed by the licensee/permittee that does not have the authority to hire, fire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such 55575.18000\32616353. l
C –
19 Ordinance No.

Page2
action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. For the purposes of this definition, an individual shall not be considered an employee of a licensee/permittee if the individual is working for the licensee pursuant to a written agreement that expressly states the individual is an independent contractor." SECTION 3. Effective Date. This ordinance shall become effective 30 days after its adoption.

SECTION 4. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law.

SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

PASSED, APPROVED BY THE PALM SPRINGS CITY
COUNCIL THIS DAY OF _______ , 2020.

ATTEST:

ANTHONY J. MEJIA, MMC

CITY CLERK

GEOFF KORS
MAYOR

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. _ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the _ day of ______ , 2020, and adopted at a regular meeting of the City Council held on the _ day of ______ , 2020, by the following vote:
55575.18000\32616353.l
C –
20 Ordinance No.

Page 3 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of--=--;...;;.._ ____ , 2020.

ANTHONY J. MEJIA, MMC

CITY CLERK
55575.18000\32616353. l
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Attachment E -

SOLIS REPORT
2026

C – Page 858 of 913
2026

CITY OF PALM SPRINGS

CWA STATS

C – Page 859 of 913

COMMUNITY WORKFORCE AGREEMENT
The City of Palm Springs Community Workforce Agreement establishes a goal that 30% of the total work hours shall be from workers residing in the first-tier zip codes which overlap all of the City of Palm Springs.

AIRPORT ESCALATORS - work just started, no stats to report Construction Cost: $ 1,103,944.00
Awarding Contractor: Schindler
RACQUET CLUB ROA - work just started, no stats to report Construction Cost: $ 1,103,944.00
Awarding Contractor: Matich Corp.

SOUTH PALM CANYON ROAD- work just started, no stats to report Construction Cost: $ 2,210,000.00
Awarding Contractor: Eagle Paving

AIRPORT BAGGAGE
Construction Cost: $7,281,225.00
Awarding Contractor: Matich Corp.

Total Project Hours – 2,565.25 Total Workers – 57 Palm Springs – 8 Riverside – 27 Non – 22