HomeMy WebLinkAbout25P214 - Group Creative Services, LLCCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Art Curator Consulting Services
Group Creative Services, LLC
Teva Dawson
teva@groupcreatives.com
Art Curator Consulting Services for Palm Springs International
Airport
$425,000
7/22/25 - 7/21/28 (3 years) ; NTE 5 years
Attached
Teva Dawson; teva@groupcreatives.com
Aviation
Christina Brown / 3879
07/21/2025, Item 1M
25P214
N/A
Yes
Yes
Yes
Procurement
N/A
No
RFP 04-25
N/A
07/29/2025 Anil Cholakkara
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CONTRACT SERVICES AGREEMENT 25P214
ART CURATOR CONSULTING SERVICES FOR
PALM SPRINGS INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered
into on 22 day of July 2025, by and between the City of Palm Springs, a California charter city
and municipal corporation (“City”), and Group Creative Services, LLC, a Iowa 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 consultant, for art curating services for Palm Springs
International Airport, (“Project”).
B. Contractor has submitted to City a proposal to provide Art Curator Consulting
Services, under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation,
and expertise to provide these services and has agreed to provide such services as provided in
this Agreement.
D. City desires to retain Contractor to provide such contract services.
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. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services
described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by
this reference. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and contract services and
that Contractor is experienced in performing the Work contemplated and, in light of such status
and experience, Contractor covenants that it shall perform the the Work 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.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and,
(4) the Contractor’s signed, original proposal submitted to the City (“Contractor’s Proposal”),
(collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the
Contractor’s Schedule of Compensation, which is attached as Exhibits “B” is incorporated herein
by this reference and are made a part of this Agreement. The Scope of Services shall include
the Contractor’s Proposal. All provisions of the Scope of Services, the City’s Request for
Proposals and the Contractor’s Proposal shall be binding on the Parties. Should any conflict or
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inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved
by applying the provisions in the highest priority document, which shall be determined in the
following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the
provisions of the City’s Request for Proposal; (3rd) the terms of this Agreement; and, (4th) the
provisions of the Contractor’s Proposal.
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be
performed in accordance with all applicable federal, state, and local laws, statutes, ordinances
lawful orders, rules, and regulations. Contractor shall be liable for all violations of such laws and
regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and
warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession and perform the Work and Services
required by this Agreement. Contractor represents and warrants to City that Contractor shall, at
its sole cost and expense, keep in effect at all times during the term of this Agreement, any license,
permit, qualification, or approval that is legally required for Contractor to perform the Work and
Services under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that
Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed,
(b) has carefully considered how the Services should be performed, and (c) fully understands the
facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Contractor shall be compensated by City in accordance with the Schedule of Compensation,
which is attached as Exhibit “B” and incorporated in this Agreement by reference. Compensation
shall not exceed the maximum contract amount of four hundred twenty five thousand dollars
($425,000.00) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The
method of compensation shall be as set forth in Exhibit “B.” The method of compensation shall
be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in
advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount
shall include the attendance of Contractor at all Project meetings reasonably deemed necessary
by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for
attending these meetings.
2.2. Method of Payment. Unless another method of payment is specified in the
Schedule of Compensation (Exhibit “B”), in any month in which Contractor wishes to receive
payment, Contractor shall submit to the City an invoice for services rendered prior to the date of
the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be
submitted no later than the tenth (10) working day of such month. Such requests shall be based
upon the amount and value of the services performed by Contractor and accompanied by such
reporting data including an itemized breakdown of all costs incurred and tasks performed during
the period covered by the invoice, as may be required by the City. City shall use reasonable
efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as
soon as is reasonably practical. There shall be a maximum of one payment per month.
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2.3 Changes in Scope. In the event any change or changes in the Scope of 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.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated by the City Council for each fiscal year covered by the Agreement. If such
appropriations are not made, this Agreement shall automatically terminate without penalty to the
City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement,
this Agreement shall continue in full force and effect for a period of 3 years, commencing on July
22, 2025, and ending on July 21, 2028, unless extended by mutual written agreement of the
Parties. However, the term shall not exceed five years from the Effective Date, except as
otherwise provided in the Schedule of Performance described in Section 3.4 below.
3.2 Termination Prior to Expiration of Term. The 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. Contractor may not terminate this Agreement except for
cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Contractor shall commence the Services under this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the
time period(s) established in the Schedule of Performance. When requested by Contractor,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 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
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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. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is
designated as being the principal and representative of Contractor authorized to act in its behalf
and make all decisions with respect to the Services to be performed under this Agreement: Teva
Dawson. It is expressly understood that the experience, knowledge, education, capability,
expertise, 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 performed hereunder. The foregoing principal may not be changed by
Contractor without prior written approval of the Contract Officer.
4.2 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.
4.3 Prohibition Against Subcontracting or Assignments. 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 provisions making them subject to all provisions
stipulated in this Agreement including without limitation the insurance and indemnification
requirements. If Contractor is permitted to subcontract any part of this Agreement by City,
Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the
same manner as it is for persons directly employed. Nothing contained in this Agreement shall
create any contractual relationships between any subcontractor and City. All persons engaged
in the Work will be considered employees of Contractor. City will deal directly with and will make
all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement
may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by
operation of law, whether for the benefit of creditors or otherwise, without the prior written consent
of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release Contractor or any surety of
Contractor from any liability under this Agreement without the express written consent of City.
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4.4 Independent Contractor. The legal relationship between the Parties is that of an
independent contractor, and nothing shall be deemed to make Contractor a City employee.
A. During the performance of this Agreement, Contractor and its officers,
employees, and agents shall act in an independent capacity and shall not act or represent
themselves as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of its officers, employees, or agents, except as set forth in this
Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other
type of fixed business location at City’s offices. City shall have no voice in the selection,
discharge, supervision, or control of Contractor’s employees, servants, representatives, or
agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all
wages, salaries, and other amounts due its employees in connection with this Agreement and
shall be responsible for all reports and obligations respecting them, including but not limited to
social security income tax withholding, unemployment compensation, workers’ compensation,
and other similar matters. City shall not in any way or for any purpose be deemed to be a partner
of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with
Contractor.
B. Contractor shall not have any authority to bind City in any manner. This
includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or
agents in connection with any performance under this Agreement. Except for contract fees paid
to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other
compensation to Contractor for the performance of Services under this Agreement. City shall not
be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for
injury or sickness arising out of performing Services. If for any reason any court or governmental
agency determines that the City has financial obligations, other than under Section 2 and
Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of
Contractor’s officers, employees, servants, representatives, subcontractors, or agents, Contractor
shall indemnify City for all such financial obligations.
4.5 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).
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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.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and
expense, the insurance described herein. The insurance shall be for the duration of this
Agreement and includes any extensions, unless otherwise specified in this Agreement. The
insurance shall be procured in a form and content satisfactory to City. The insurance shall apply
against claims which may arise from the Contractor's performance of Work under this Agreement,
including Contractor's agents, representatives, or employees. In the event the City Manager
determines that the Work or Services to be performed under this Agreement creates an increased
or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the
insurance policies may be changed accordingly upon receipt of written notice from the City
Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best
rating drops below the levels specified in this Agreement. Except as otherwise authorized below
for contract liability (errors and omissions) insurance, all insurance provided under this Agreement
shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form contract liability
(errors and omissions) insurance coverage in an amount of not less than one million dollars
($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in
accordance with the provisions of this section.
(1) Contractor shall either: (a) certify in writing to the City that Contractor
is unaware of any contract liability claims made against Contractor and is unaware of any facts
which may lead to such a claim against Contractor; or (b) if Contractor does not provide the
certification under (a), Contractor shall procure from the contract liability insurer an endorsement
providing that the required limits of the policy shall apply separately to claims arising from errors
and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy
shall be continued in full force and effect at all times during the term of this Agreement, and for a
period of three (3) years from the date of the completion of the Services provided hereunder. In
the event of termination of the policy during this period, Contractor shall obtain continuing
insurance coverage for the prior acts or omissions of Contractor during the course of performing
Services under the terms of this Agreement. The coverage shall be evidenced by either a new
policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the
present or new carrier or other insurance arrangements providing for complete coverage, either
of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis,
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the policy shall be continued in full force and effect during the term of this Agreement, or until
completion of the Services provided for in this Agreement, whichever is later. In the event of
termination of the policy during this period, new coverage shall immediately be obtained to ensure
coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Contractor shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers’ compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Contractor agrees to waive and obtain
endorsements from its workers’ compensation insurer waiving subrogation rights under its
workers’ compensation insurance policy against the City and to require each of its subcontractors,
if any, to do likewise under their workers’ compensation insurance policies. If Contractor has no
employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation
Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at least
one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for
bodily injury and property damage including coverages for contractual liability, personal injury,
independent contractors, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of one million
dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for
owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Contractor shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of employer liability insurance
written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00)
for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager or his/her designee prior to
commencing any work or services under this Agreement. Contractor guarantees payment of all
deductibles and self-insured retentions. City reserves the right to reject deductibles or self-
insured retentions in excess of $10,000, and the City Manager or his/her designee may require
evidence of pending claims and claims history as well as evidence of Contractor’s ability to pay
claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Contractor under this Agreement:
A. For any claims related to this Agreement, Contractor’s coverage shall be
primary insurance with respect to the City and its officers, council members, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers,
council members, officials, employees, agents, and volunteers shall be in excess of Contractor’s
insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies,
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including breaches of warranties, shall not affect coverage provided to City and its officers, council
members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to each insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained
in this Agreement or any other agreement relating to the City or its operations shall limit the
application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement
which substantially impairs the coverages set forth in this Agreement (e.g., elimination of
contractual liability or reduction of discovery period), unless the endorsement has first been
submitted to the City Manager and approved in writing.
E. Contractor agrees to require its insurer to modify insurance endorsements
to delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the endorsements. Certificates of insurance will not
be accepted in lieu of required endorsements, and submittal of certificates without required
endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure
timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Contractor agrees to ensure that subcontractors, and any other parties
involved with the Project who are brought onto or involved in the Project by Contractor, provide
the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contractor agrees that upon request,
all agreements with subcontractors and others engaged in the Project will be submitted to the City
for review.
G. Contractor acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Contractor of non-compliance with any insurance requirement in no
way imposes any additional obligations on the City nor does it waive any rights in this or any other
regard.
H. Contractor shall provide proof that policies of insurance required in this
Agreement, expiring during the term of this Agreement, have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. Endorsements as required in this Agreement applicable to the
renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration
of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained
in this section are not intended as limitations on coverage, limits, or other requirements, or as a
waiver of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is not
intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts with or
impair the provisions of this section.
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K. Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor arising out of the Work performed under this Agreement and for any other
claim or loss which may reduce the insurance available to pay claims arising out of this
Agreement. City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to
reduce or dilute insurance available for payment of potential claims.
L. Contractor agrees that the provisions of this section shall not be construed
as limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages resulting from the Contractor’s activities or the activities of any person or person for
which the Contractor is otherwise responsible.
5.4 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 such requirements are waived in writing by the City Manager or his designee
due to unique circumstances.
5.5 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 self-
insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any
and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representative" is not acceptable
and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents,
and volunteers.
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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.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. 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.
6.2 Design Contract 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.
7. REPORTS AND RECORDS
7.1 Accounting 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 to 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.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement, or as the
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Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about
the cost of the Work to be performed under this Agreement. For this reason, Contractor agrees
that Contractor shall promptly notify the Contract Officer the estimated increased or decreased
cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the Services. If Contractor is providing design
services, Contractor shall promptly notify the Contract Officer the estimated increased or
decreased cost for the project being designed if Contractor becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost of
the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall
be the property of City and shall be promptly delivered 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 of ownership of the
documents and materials. Any use of such completed documents for other projects and/or use
of incomplete documents without specific written authorization by the Contractor will be at the
City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for
all resulting damages. Contractor may retain copies of such documents for their own use.
Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement.
Contractor shall ensure that all its subcontractors shall provide for assignment to City of any
documents or materials prepared by them. In the event Contractor fails to secure such
assignment, Contractor shall indemnify City for all resulting damages.
7.4 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.
All information gained by Contractor in the performance of this Agreement shall be considered
confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 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.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as 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.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair
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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.
8.3 Default of Contractor. Contractor’s failure to comply with any provision of this
Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall notify
Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period
as City may designate, to cure the default by rendering satisfactory performance. In the event
Contractor fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under
this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of
such default. Compliance with the provisions of this section shall not constitute a waiver of any
City right to take legal action in the event that the dispute is not cured, provided that nothing shall
limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Contractor to fulfill its obligations
under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over
the work and prosecute the same to completion by contract or otherwise. The Contractor shall
be liable to the extent that the total cost for completion of the Services required hereunder exceeds
the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate
such damages). The City may withhold any payments to the Contractor for the purpose of set-off
or partial payment of the amounts owed the City as previously stated. The withholding or failure
to withhold payments to Contractor shall not limit Contractor’s liability for completion of the
Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom enforcement of
a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition,
or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or
other default or breach, nor shall failure by the Parties to require exact, full, and complete
compliance with any of the covenants, conditions, or terms contained in this Agreement be
construed as changing the terms of this Agreement in any manner or preventing the Parties from
enforcing the full provisions.
8.5 Rights and Remedies 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 and 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.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
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obtain any other remedy consistent with the purposes of this Agreement.
8.7 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.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default
or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
9.2 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.
9.3 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.
10. MISCELLANEOUS PROVISIONS
[***INSERT SECTION 10.1 WHEN AGREEMENT IS FOR EXTENSIVE USE OF MATERIALS,
SOFTWARE, PROGRAMS OR OTHER WORK PRODUCT PREPARED BY CONSULTANT;
OTHERWISE DELETE LANGUAGE IN SECTION 10.1 AND INSERT PHRASE
“INTENTIONALLY OMMITTED***]
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law,
and in lieu of any other warranty by City or Contractor against patent or copyright infringement,
statutory or otherwise:
A. It is agreed that Contractor shall defend at its expense any claim or suit
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against City on account of any allegation that any item furnished under this Agreement, or the
normal use or sale arising out of the performance of this Agreement, infringes upon any presently
existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally
awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the
suit or claim and given authority, information and assistance at Contractor’s expense for the
defense of same, and provided such suit or claim arises out of, pertains to, or is related to the
negligence, recklessness or willful misconduct of Contractor. However, Contractor will not
indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s
alteration of such deliverable created the infringement upon any presently existing U.S. letters
patent or copyright; or (2) the use of a deliverable in combination with other material not provided
by Contractor when it is such use in combination which infringes upon an existing U.S. letters
patent or copyright.
B. Contractor shall have sole control of the defense of any such claim or suit
and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or
claim, provided, however, that such defense shall be at Contractor’s expense. Contractor shall
not be obligated to indemnify City under any settlement that is made without Contractor’s consent,
which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result
of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell
the item, or shall substitute an equivalent item acceptable to City and extend this patent and
copyright indemnity thereto.
10.2 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.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or
certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with
attached evidence of completed transmission. All notices shall be deemed received upon the
earlier of (i) the date of delivery to the address of the person to receive such notice if delivered
personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting
by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice,
request, demand, direction, or other communication sent by facsimile must be confirmed within
forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such
as e-mails, text messages, and instant messages are not acceptable manners of notice required
hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Contractor:
Attention: Teva Dawson
Group Creative Services, LLC
1424 48th Street
Des Moines, IA 50311
Telephone: (515) 244-8590
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10.3 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.
10.4 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. If any provision of
this Agreement shall be determined to be invalid by a final judgment or decree of a court of
competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or
invalidity, without invalidating the reminder of that provision, or the remaining provisions of this
Agreement unless the invalid provision is so material that its invalidity deprives either Party of the
basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties’ successors and assignees.
10.6 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.
10.7 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.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he
or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which
he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which the Party for which he or she is
signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
10.10 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.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF PALM SPRINGS AND GROUP CREATIVE SERVICES, 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: 7/21/2025 Item No. 1M Agreement No. 25P214
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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EXHIBIT “A”
SCOPE OF SERVICES
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Deliverables:
1.Multi-year art program plan: A documented vision for PS P's Art Program, including goals,
proposed exhibitions, and budget estimates.
2.Quarterly Progress Report: Updates on Art Program activities, budget, and future plans.
12 reports.
3.Installation Plans and Documentation: Detailed installation and maintenance plans for
each artwork. *(estimated).
4.Annual Budget Report: Comprehensive report detailing expenditures, funding sources,
and projections.
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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Deliverables
1. Multi-year art program plan: A documented vision for PS P's Art Program, including goals,
proposed exhibitions, and budget estimates. $270,000
2. Quarterly Progress Report: Updates on Art Program activities, budget, and future plans.
12 reports - $50,000
3. Installation Plans and Documentation: Detailed installation and maintenance plans for
each artwork. $75,000 *(Estimated)
4. Annual Budget Report: Comprehensive report detailing expenditures, funding sources,
and projections. $30,000
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EXHIBIT “C”
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EXHIBIT “D”
FEDERAL AVIATION ADMINISTRATION – FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12
FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video
Surveillance Services or Equipment
26
FAA – 15 Drug Free Workplace Requirements (not applicable to
Contractors)
27
FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
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FAA – 26 Trade Restriction Certification (Foreign) * 45
FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
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
Not applicable.
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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 non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended
(prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination
on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are Federally
funded or not);
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• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq)
(prohibit discrimination on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing entities)
as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and
38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take 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.
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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 non-
discrimination provisions of this contract, the City will impose such contract sanctions as it or
the Federal Aviation Administration may determine to be appropriate, including, but not
limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies;
and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
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.
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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.
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
FAA – 09 Copeland Anti-Kickback
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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
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less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which
may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of
this section; also, regular contributions made or costs incurred for more than a weekly period
(but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually performed, without regard
to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work
in more than one classification may be 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
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proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is performed
in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,
Provided, that the 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-
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Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages
paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the Contractor shall maintain records that show that the commitment to provide
such benefits is enforceable, that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual costs incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the Federal Aviation Administration if the agency is a
party to the contract, but if the agency is not such a party, the Contractor will submit the
payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the
Federal Aviation Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on weekly
transmittals. Instead the payrolls shall only need to include an individually identifying number
for each employee (e.g., the last four digits of the employee’s social security number). The
required weekly payroll information may be submitted in any form desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour 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
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earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as specified
in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side
of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231
of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i)
of this section available for inspection, copying, or transcription by authorized
representatives of the City, the Federal Aviation Administration, or the Department of Labor
and shall permit such representatives to interview employees during working hours on the
job. If the Contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the Contractor, the City, applicant,
or Owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(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
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other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s
registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice’s level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Training, Employer and Labor
Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval
of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant
to and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee’s level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage
rate on the wage determination that provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate that is not registered and
participating in a training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the
job site in excess of the 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.
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The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated
by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration
may by appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the Contractor (or any
of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible
to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR § 5.12(a)(1).
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(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.
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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 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 sub-tier contracts exceeding $10,000 that involve driving a
motor vehicle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance
Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.
REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies
relating to use and procurement of certain telecommunications and video surveillance
services or equipment in compliance with the National Defense Authorization Act [Public
Law 115-232 § 889(f)(1)].
Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216
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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts
between the City and a contractor, subcontractors, suppliers, or subgrantees.
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal
grantees to agree that they will provide drug-free workplaces as a condition of receiving a
contract or grant from a Federal agency. The Act does not apply to contractors,
subcontractors, or subgrantees, although the Federal grantees workplace may be where
the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as
amended)
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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all
persons, without regard to race, color, religion, sex, or national origin who are employed or
seeking employment with contractors performing under a federally-assisted construction
contract. There are two provisions ― a construction clause and a specification clause.
The equal opportunity contract clause applies to any contract or subcontract when the
amount exceeds $10,000. Once the equal opportunity clause is determined to be
applicable, the contract or subcontract must include the clause for the remainder of the year,
regardless of the amount or the contract.
Contract Types –
Construction – all construction contracts and subcontracts as required above.
Equipment – all equipment contracts as required above that 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
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conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such
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.
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A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this
contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal social security number used on the
Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
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
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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 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.
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e. Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor’s employment needs,
especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources compiled under 7b
above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting
its EEO obligations; by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report, etc.; by specific
review of the policy with all management personnel and with all minority and female
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
personnel and employment related activities to ensure that the EEO policy and the
Contractor’s obligations under these specifications are being carried out.
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n. Ensure that all facilities and company activities are nonsegregated except that separate
or single-user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance
under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling
one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor
association, joint contractor-union, contractor-community, or other similar group of which the
Contractor is a member and participant may be asserted as fulfilling any one or more of its
obligations under 7a through 7p of these specifications provided that the Contractor actively
participates in the group, makes every effort to assure that the group has a positive impact
on the employment of minorities and women in the industry, ensures that the concrete
benefits of the program are reflected in the Contractor’s minority and female workforce
participation, makes a good faith effort to 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.
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.
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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:
1. 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.
2. 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.
3. 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.
4.
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
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oral policies or employee custom. The term does not include separate or single-user rest
rooms or necessary dressing or sleeping areas provided to assure privacy between the
sexes.
c. The Contractor shall include this clause in every subcontract and purchase order
that is subject to the Equal Employment Opportunity clause of this contract.
Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1
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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the
Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor
Occupational Safety and Health Administration (OSHA) oversees the workplace health and
safety standards wage provisions from OSH.
REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The
employer must provide a work environment that is free from recognized hazards that may
cause death or serious physical harm to the employee. The employer retains full
responsibility to monitor its compliance and their subcontractor’s compliance with the
applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part
1910). The employer must address any claims or disputes that pertain to a referenced
requirement directly with the U.S. Department of Labor – Occupational Safety and Health
Administration.
Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include
procurement of products designated in subpart B of 40 CFR part 247 where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000.
Construction and Equipment – all construction and equipment projects.
Professional Services and Property – if the agreement includes procurement of a product
that exceeds $10,000.
REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act, and the
regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the
extent practicable, the Contractor and subcontractors are to use products containing the
highest percentage of recovered materials for items designated by the Environmental
Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal
year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-
procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated
products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable 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
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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 3.2 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.
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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 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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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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8/4/2025
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid:$174.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name:Group Creative Services, LLC
DBA:
Owner:Group Creative Services
Mailing Address:1424 48th Street
Des Moines, IA 50311
License Number:OC-001036-2025
Expiration Date:07/31/2026
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:1424 48TH ST, DES MOINES, IA
50311
Business Description:Art Curator Consulting Services
TO BE POSTED IN A CONSPICUOUS PLACE
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CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid:$174.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name:Group Creative Services, LLC
DBA:
Owner:Group Creative Services
Mailing Address:1424 48th Street
Des Moines, IA 50311
License Number:OC-001036-2025
Expiration Date:07/31/2026
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:1424 48TH ST, DES MOINES, IA
50311
Business Description:Art Curator Consulting Services
TO BE POSTED IN A CONSPICUOUS PLACE
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