Agenda packet, regular meeting — Cathedral City City Council, February 9, 2022 (part 1 of 4)

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, February 9, 2022
5:30 PM

PURSUANT TO AB 361 AND CATHEDRAL CITY RESOLUTION 2022 -06, THIS MEETING MAY BE

CONDUCTED BY VIDEOCONFERENCE OR TELECONFERENCE AND THERE WILL BE NO IN -PERSON PUBLIC ACCESSTO THE MEETING LOCATION. IF YOU WOULD LIKE TO ATTEND THE MEETING VIA ZOOM PLEASE USE THE FOLLOWING LINK TO REGISTER IN ADVANCE:

https://zoom.us/webinar/register/WN_39URxr9MT3e8lPRFjevBJA

AFTER REGISTERING, YOU WILL RECEIVE A CONFIRMATION EMAIL CONTAINING INFO RMATION ABOUT JOINING THE MEETING.

MAYOR
Ernesto Gutierrez

CITY COUNCIL MEMBERS

Mayor Pro Tem
Rita Lamb

Councilmember
Mark Carnevale

Councilmember
Nancy Ross

Councilmember
Raymond Gregory
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• INVOCATION (MOMENT OF REFLECTION)
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.

1. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item n ot on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public Cathedral City P a g e 2
comment or may request a matter be agendized for a future meeting. Pu blic Comment will be limited to three (3) minutes.

2. COUNCIL REPORTS
This is an opportunity for each member of the City C ouncil to report on any conferences they attend, local events or make any other comments they may have.

3. CONSENT AGENDA
The follow ing Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.

A. Waive Full Reading of Ordinances on Agenda
B. Minutes Approval

1. City Council - Special Meeting - Jan 19, 2022 2:00 PM

2. City Council - Study Session - Jan 26, 2022 3:00 PM

3. City Council - Regular Meeting - Jan 26, 2022 5:30 PM C. Resolution to Approve the Master Agreement Administering Agency- State Agreement for State-Funded Project No. 08-5430S21 and Delegate Authorizations to Execute Program Supplemental Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements to the Master Agreement
Recommendation: Approve a resolution authorizing the City Manager to execute the Master Agreement Administering Agency-State Agreement for State-Funded Project No. 08-5430S21; and, authorize the City Manager or Director of Engineering/Public Works to accept, execute, and endorse all Program
Supplemental Agreements, Fund Exchange Agreements
and/or Fund Transfer Agreements and any amendments
thereto to the Master Agreement No. 08-5430S21 between
the City of Cathedral City and the State of California, acting through the Department of Transportation for the purpose of Administering and Disbursing of State Grant Funds on
Projects.

D. Adopt a resolution certifying completion of public improvements in portions of Tract No. 28639-1 and Tract No. 32559, and authorize release of securities pursuant to the Improvement Agreement with HPH Homebuilders 2000, L.P., developer and with Amendment No. 1 to that Agreement.

Recommendation: Adopt a Resolution: (a) certifying the public improvements constructed within portions of Tract No. 28639-1 and Tract No. 32559 by HPH Homebuilders 2000, L.P., pursuant to its Improvement Agreement with the City, and with Amendment Cathedral City P a g e 3
No. 1 to that Agreement, were completed in accordance with City standards and specifications; (b) authorize the release of improvement agreement securities and deposits as
described in the Resolution; (c) authorize the Director of Engineering/Public Works to file a Notice of Completion for the project; and, (d) accept certain improvements into the City maintained street system.

E. Award a two-year Agreement for Services to CASC Engineering and Consulting, Inc. for National Pollution Discharge Elimination System (NPDES) Program Consulting
Recommendation: Award a two-year Agreement for Services to CASC Engineering and Consulting, Inc. for National Pollutant Discharge Elimination System (NPDES) Program Consulting Services; authorize the City Manager to execute the
Agreement documents; and authorize the Director of
Engineering/Public Works to issue Task Orders as needed to complete the NPDES Program requirements within
existing FY 2021-22 and 2022-23 budget limits.

F. Authorizations Related to the Remaining Items for the Completion of the Panorama Dog Park
Recommendation: Authorize the Director of Engineering/Public Works to execute all the required quotes and proposals for labor and material to complete the Panorama Dog Park Project,
including purchasing amenities and services with the
remaining balance of the Project budget in the amount of $334,640, which includes the contingency for unforeseen construction related expenses; and, $23,000 for qualifying Dog Park amenities from the Environmental Conservation
Fund (246).

G. Contract for Services - Samuel Eric Davis
Recommendation: To approve a contract for services with Samuel Eric Davis for special event fundraising.

H. Ratification of Agreement Between the City of Cathedral City and the Cathedral City Police Officer's Association (CCPOA)
Recommendation: Ratify the agreement between the City of Cathedral City ("City") and Cathedral City Police Officer's Association ("CCPOA") via the Memorandum of Understanding ("MOU")
for the period of January 1, 2022, through December 31, 2024.

4. ITEMS PULLED FROM CONSENT

5. LEGISLATIVE ACTIONS
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A. An Uncodified Urgency Ordinance of the City of Cathedral City, Establishing an Indefinite Stay on the Issuance of Permits for Short- Term Vacation Rentals Issued Under Chapter 5.96 of the Cathedral City Municipal Code for Residential Units Located within the R1 and R2 Zoning Districts
Recommendation: Find that the Ordinance is Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15378 and 15378(b)(5); and

Introduce, read by title only, waive further reading, and adopt Urgency Ordinance of the City of Cathedral City,
establishing an indefinite stay on the issuance of permits for Short-Term Vacation Rentals issued under Chapter 5.96 of the Cathedral City Municipal Code for residential units located within the R1 and R2 Zoning Districts.

B. Approve Professional Service Agreement with Woodard and Curran Consulting to Provide Clean Water State Revolving Fund Program Grant Related Services Required to Submit a Planning Grant for the Septic to Sewer Project
Recommendation: Authorize the City Manager to execute a Professional Service Agreement with Woodard and Curran Consulting in the amount not-to-exceed $35,380 to provide Clean Water State Revolving Fund Program grant related services
required to submit a planning grant for the City’s Septic to Sewer Project.

C. Consulting Agreement with HR Green for On Call Capital Projects Program Management Consulting Services and Electronic Plan Check Services
Recommendation: Approve a Professional Services Agreement with HR Green, Inc. to provide On Call Engineering Program Management
Consulting Services for Capital Projects and Electronic Plan Check Services for the amount of $150,000 and $50,000,
respectively for a not to exceed total of $200,000; and, authorize the City Manager to execute the Agreement.

D. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.

Update on Emergency Actions taken by City, County, State of Federal Agencies.

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

6. PUBLIC HEARINGS
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A. Tentative Tract Map 38137
Recommendation: 1. Conduct a Public Hearing to consider an appeal of the Planning Commission's approval of Tentative Tract Map No. 38137 to subdivide an approximately 3.74-acre residential parcel into 14 residential lots and a common lot for retention purposes in the R1 (Single Family Residential) Zoning
District; and

2. AFFIRM the Planning Commission's actions to i) Find that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15332, Class No. 32 (In-Fill Development); and ii) Approve Tentative Tract Map No. 38137 subject to the attached Conditions of
Approval and based on the findings contained in the staff report.

B. Conditional Use Permit No. 19-019
Recommendation: 1. Conduct a Public Hearing to consider an appeal of the Planning’s Commission’s denial of Conditional Use
Permit No. 19-019 which proposes establishing an event
center within a vacant commercial building on Date Palm Drive in the PCC (Planned Community Commercial) Zoning
District; and

2. AFFIRM, REVERSE, OR MODIFY, IN WHOLE OR IN
PART, the Planning Commission’s decision.

7. DISCUSSION ON FUTURE AGENDA ITEMS
This is an oppo rtunity for members of the City Council to request that, and for the City Council to discuss whether, one or more items should be ad ded to the agenda of a future regular or special City Council meeting. To comply with the Brown Act, discussion should be limited to whether to add the item(s), and direction given to the City Manager regarding scheduling and prioritization of the item(s).

8. CLOSED SESSION

ADJOURN
NOTES TO THE PUBLIC:

The City of Cathedral City complies with the Americans with Disabilities A ct of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.

Any documents provided to a majority of the City Council regarding any item on thi s agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 68 -700 Avenida Lalo Guerrero during normal business hours. In add ition, such documents will be posted on the City’s website at www.cathedralcity.gov.

CITY COUNCIL

MINUTES

Special Meeting
Wednesday, January 19, 2022
2:00 PM

Pursuant to AB 361 and Cathedral City Resolution 2022-06 this meeting was conducted by videoconference.

• CALL TO ORDER
The meeting was called to order at 2:00 PM by Mayor Pro Tem Rita Lamb. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Absent
Rita Lamb Mayor Pro Tem Remote
Mark Carnevale Councilmember Remote
Nancy Ross Councilmember Remote
Raymond Gregory Councilmember Remote

• AGENDA FINALIZATION

1. AGENDA ITEMS
A. Tour de Palm Springs 2022
Recommendation: To approve Special Use Permit #21-014 and allow the Tour de Palm Springs to utilize city streets within Cathedral City on February 12, 2022.

M.O. 2022-12
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve Special Use Permit #21 -014 and allow the Tour de Palm Springs to utilize city street within Cathedral City on February 12, 2022, with no waiver of fees.

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Minutes Acceptance: Minutes of Jan 19, 2022 2:00 PM (Minutes Approval) Cathedral City P a g e 2 Printed on 2/02/2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Rita Lamb, Mark Carnevale, Nancy Ross, Raymond Gregory ABSENT: Ernesto Gutierrez
C. Report from the Cannabis Task Force Meeting of November 29, 2021 Recommendation: This item is presented for information, discussion and direction only.

Charles McClendon, City Manager, reported that the Cannabis Task Force met on November 29, 2021. At their meeting, the Task Force had a Cannabis Tax update and discussion, and they also discussed the r equirement to obscure windows in retail businesses.

City Manager McClendon reported that during the discussion on the Tax Update, the Task Force primarily focused on cultivation taxes stemming from a request from a potential large cultivator to consider some type of tax relief. He indicated that the Task Force had a fairly lengthy discussion and came up with a number of ideas. The Task Force did not make a specific recommendation to bring to the City Council, they instead asked that a summary of the discussion be provided as follows:

• Redefining the taxable cultivatio n area to include only the canopy space.

This would give a small break - probably about 10% - to existing as well as future cultivators.
• Developing a maximum square footage upon whi ch to apply the tax. This would give a break to future large cultiva tors, but all existing cultivators are paying on their entire area - there is no cap.
• Reduce the overall rate from $15 down to some other amount. This would benefit all growers equally but would reduce revenue to the City. • It was noted that the smal lest growers have less opportunity to spread their operating costs and there was some interest in a break for the small operators, including a reverse tier system.
• The tier struct ure used in Desert Hot Springs and Coachella was also noted as a possible solution for the large operators. The current average square footage among Cathedral City cultivators is about 6,000 square feet.
• Delaying charging the tax until the crop is ac tually moved in. Currently the tax begins at Certificate of Occupancy (COO) and there is normally some down time before the business starts generating revenue. All current operators were assessed beginning at COO.
• Some type of rebate or true up to r eflect the actual sale of the product.

The current voter approved lang uage requires a per square foot assessment.

City Manager McClendon indicated that the Planning Commission has recommended to remove the requirement to obscure windows in cannabis ret ail businesses. The Task Force recommended that staff explore whether or not

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there are any provisions in state law related to the topic and also noted that allowing visibility may allow for more creativity by the owner in designing their store front and t here may be public safety advantages to allowing more visibility .

City Manager McClendon stated that staff has confirmed that there are no state provisions regarding this requirement.

Kenneth Churchill, owner of West Coast Cannabis Club, thanked the City for being a leader in the cannabis industry. He expressed his concern wi th the retail tax rate in addition to all of the other taxes the cannabis industry is required to pay as well as the black market they are having to compete with. He requested the City Council offer some tax relief and lower the tax rate to 5%.

Scott Rusc zyk, Coachella Valley Cannabis Alliance Network, encouraged the City to take some type of action to help the industry and offered their assistance.

Rich Eaton, The Vault, concurred with the comments that were made by Mr.

Churchill. He reiterated that he feels that it would be beneficial to eliminate the requirement to obscure the windows and would like to see consumption lounges allowed.

Charles McClendon, City Manager, indicated t hat the Cannabis Task Force will be discussing outdoor consumption lounges at a later date.

Thomas Riddle, CEO of a large cannabis operation in town, requested a tax break for large cannabis operators as well as small operators.

Maria Scagliotti, indicated th at she has resigned from the Cannabis Task Force.

She stated that she has been encouraging tax reductions for quite some time as well as allowing outdoor consumption lounge. She announced that she is closing her business due to the lack of traffic and cl ientele willing to pay what they have to with the taxes as they are. She stated the dispens aries are the only cannabis business that can’t write off operating costs.

It was the consensus of the City Council to direct staff to move forward with discussions with the Cannabi s Task Force with regard to the items that have been brought up during this meeting so they can formalize a recommendation for the City Council to consider. Staff will provide an update of their progress to the City Council within 3 months.

D. Special Events: Fall 2021 Recap and Spring 2022 Preview Recommendation: This item is presented for information, discussion and direction only.

Chris Parman, Communications and Events Manager provided a recap of the fall special events including in formation about th e entertainment, attendance, finances, management, strengths and challenge s and the economic impact estimates. He also provided a preview of the special events that are coming to Cathedral City in the Spring of 2022.

This is a presentation only, no formal action was taken.

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ADJOURN
Mayor Pro Tem Rita Lamb adjourned the January 19, 2022, Special City Council Meeting in memory of the late Mayor Greg Pettis.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Minutes Acceptance: Minutes of Jan 19, 2022 2:00 PM (Minutes Approval)

CITY COUNCIL

MINUTES

Study Session
Wednesday, January 26, 2022
3:00 PM

Pursuant to AB 361 and Cathedral City Resolution 2022-01, this meeting was conducted by videoconference.

• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Remote
Rita Lamb Mayor Pro Tem Remote
Mark Carnevale Councilmember Remote
Nancy Ross Councilmember Remote
Raymond Gregory Councilmember Remote

• AGENDA FINALIZATION
There were no changes to the agenda.

1. CLOSED SESSION
City Attorney Eric Vail stated that the City Council will meet in Closed Session to discuss the following items on the agenda.

A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2).

Number of Potential Cases: Two
B. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees: CCPMA - Cathedral City Police Management Association

The City Council recessed to Closed Session at 3:05 p.m.

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The City Council reconvened at 4:24 pm.

City Attorney Eric Vail announced that the City Council met in Closed Session to discuss item 1A. Conference with Legal Counsel f or two cases of anticipated litigation and item 1B. Conference with Labor Negotiator and Cathedral City Police Management Association. There was no reportable action taken.

2. PUBLIC COMMENT

3. STUDY SESSION
A. DRD Annexation Update
Recommendation: Desert Recreation District (DRD) Annexation Update is presented for review and discussion only.

City Manager Charles McClendon indicated that Kevin Kalman, Director of Desert Recreation District , and Katherine Fuentes, Assistant City Manager , will be providing the presentation/update on t he Cathedral City Annexation into the Desert Recreation District.

Kevin Kalman, Director of Desert Recreation District, provided a history of where we started and how we got where we are today. He provided the potential timeline in preparation of the Nov ember 2022 Election and gave an overview of the CFD Process and LAFCO Process, which will run congruently. He also reported the potential costs related to the process. He also went over the information on the proposed 2022 summe r aquatics program that th ey will be partnering with Cathedral City and the Palm Springs Unified School District on.

Danny Lee expressed his support of the Desert Recreation District and plans to be out there campaigning to help get it passed. He feels that the sooner they can get information out to the residents the better. He wants to be able to sell the ideas of the Desert Recreation District and he needs more information to be able to do that.

Danielle Mead feels that it is a fantastic thing to bring the Desert Recreation District to the City.

Diane McAlpine thanked the Council for all the work they are doing. She feels that the Desert Recreation District will be great for the City of Cathedral City.

She questioned what CFD stands for, what is going to be annexed, what type of tax will be imposed and where will the community center be located.

Charles McClendon, City Manager , responded that that CFD stands for Community Facilities District, the entire City of Cathedral City will be annexed into the D esert Recreation District’s territory and the tax and location of the Community Center have not been determined yet.

The City Council all expressed their continued support for the annexation of Cathedral City into the Desert Recreation District and the pr ocesses that are being proposed.

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This item is for presentation only, no formal action was taken.

B. Chapter 5.96 Short Term Vacation Rental Units - Discussion of Possible Ordinance Amendments
Recommendation: This item is presented for information, discussion and direction only.

This item was moved to the Regular Council Meeting of January 26, 2022 and will be heard following the Consent Agenda.

ADJOURN
Mayor Ernesto Gutierrez adjourned the January 26, 2022 , Study Session Meeting at 5:15 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Minutes Acceptance: Minutes of Jan 26, 2022 3:00 PM (Minutes Approval)

CITY COUNCIL

MINUTES
Regular Meeting
Wednesday, January 26, 2022
5:30 PM
Pursuant to AB 361 and Cathedral City Resolution 2022-01, this meeting was conducted by video conference.
 CALL TO ORDER
The meeting was called to order at 5:32 PM by Mayor Ernesto Gutierrez.  PLEDGE OF ALLEGIANCE
Mayor Pro Tem Rita Lamb led the Pledge of Allegiance.
 INVOCATION (MOMENT OF REFLECTION)
Councilmember Mark Carnevale offered the Invocation.
 ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Remote
Rita Lamb Mayor Pro Tem Remote
Mark Carnevale Councilmember Remote
Nancy Ross Councilmember Remote
Raymond Gregory Councilmember Remote
 AGENDA FINALIZATION
Study Session Item 3B was carried over and will be heard as Item 4A during this meeting.

1. PUBLIC COMMENT
Mark Durkton expressed concern with his application for CUP 19-019 which he stated was denied by the Planning Commission and he will be appealing at the next City Council meeting. He also expressed his concern over his event center not being deemed a retailer.

2. COUNCIL REPORTS
Councilmember Raymond Gregory stated that it has been a busy couple of weeks

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with many Special City Council meetings. He reported that discussions continue related to the COD Road Runner Project. He reported on the January 22, 2022, City Council Goal Setting meeting, which was very informative. He reported that he has been elected as Chairman of the Riverside County Transportation Budget and Implementation Committee. He announced that he will be taking a vacation and is looking forward to it.

Councilmember Mark Carnevale reported that he attended the CVAG Homeless Committee meeting, placing individuals remains a challenge with the many mental health issues they are facing. He recently had shoulder surgery and is doing well. He reported that he took numerous calls related to many issues. He spoke with Tom Liam for the Cathedral City High School Band Booster and stated that they are in need of new supplies. He reported that the January 22, 2022, City Council Goal Setting meeting was great, he really liked the new format they followed this year. He reported that there was some misinformation related to Tour de Palm Springs and wanted to set the record straight, he will also be donating to their cause and encouraged others to do so as well.

Councilmember Nancy Ross announced that the Jurassic Wonders exhibit is available to view. She reported that she has been assigned to the Strategic Planning Committee and the Tax Regulatory Committee for the SunLine Transit Agency. She thanked Councilmember Gregory for all the information he provided her related to SunLine, which helped her get ahead of the curve. She announced that the Greater Coachella Valley Chamber of Commerce provided 10,000 N-95 masks which she has distributed to City Hall and around the City. She reported that she participated in a zoom meeting with 15 members of the community and received questions related to security, cost of living, and seniors suffering during the pandemic. She encouraged everyone to reach out to a senior who has been isolated during this time. She also reported that on Martin Luther King Jr. Day, she joined a civil rights group called Move Forward and Move Away for discussion on racism. She participated along with Mayor Pro Tem Rita Lamb in a City Hall at Your Corner, which was well attended. She reported on the January 22, 2022, City Council Special Meeting, which was great. She also reported that she spoke to constituents regarding STVRs and noted that the City Council will be discussing this issue very soon. She thanked the community for reaching out to the Council with their concerns and stated that they are listening. She announced that she is part of the planning committee for the next California Cities Riverside Division Valley Leaders party, which will be a cornhole tournament.

Mayor Pro Tem Rita Lamb reported that she attended the Martin Luther King Jr. celebration at the Coachella Library and noted that 6th Street is beautiful. She along with Councilmember Ross participated in a City Hall at Your Corner event which was well attended with some great questions asked. She is looking forward to attending the first Yoga Class offered at the Cathedral City Community Amphitheater. She reported that she was the speaker at the last Noon Rotary meeting, and she discussed the Goal Setting workshop. She will be attending the upcoming Coachella Valley Mosquito and Vector Control Board of Trustees Strategic Planning meeting on February 3, 2022. She announced the upcoming Emergency Preparedness Make and Take event scheduled for February 5, 2022, from 11:00-12:00 pm at the Cathedral City Library. She encouraged everyone to get their free mail order home

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COVID-19 test now available.

Mayor Ernesto Gutierrez stated that it has been a very busy couple of weeks. He reported that he met with City Manager Charles McClendon and Assistant City Manager Katherine Fuentes for their weekly meeting and breakfast. He also met with a business owner who is relocating to Cathedral City. He reported that he spoke to many constituents and received many calls and emails related to STVRs. He reported that, thanks to Councilmember Ross, he was able to distribute N-95 masks to many businesses and they were very thankful. He reported that Frontier has been doing some work in the City, which has caused some issues for residents, he referred them to City Engineer, John Corella. He reported on the January 22, 2022, City Council Goal Setting meeting, which was great. He will be attending the Greater Palm Springs Visitors Bureau meeting on Friday January 28, 2022, which he is looking forward to. He will also be attending the CVAG Executive Committee meeting on Monday January 31, 2022. He reported that he met with Police Chief Crum for an update on the Police Department and he announced that new FLAWK cameras will be installed throughout the City. He also reported that he drove around the City to see what is needed and noted that the Ofelia Bringas Bridge is moving right along and looks great.

3. CONSENT AGENDA
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve the following Consent Agenda items:

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
M.O. 2022-13
B. Minutes Approval
M.O. 2022-14

1. City Council - Study Session - Jan 12, 2022 3:00 PM

2. City Council - Regular Meeting - Jan 12, 2022 5:30 PM C. Receive and File Payment of Claims and Demands for December 2021 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency, and the Cathedral City
Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of $ 5,539,668
for the month of December 2021.
2022-15

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D. Second Reading of an Ordinance of the City Council of the City of Cathedral City, California Removing Chapter 6.04 (Refuse Disposal) of the City of Cathedral City Municipal Code and Adding Chapter 6.04 (Solid Waste Collection and Disposal) to the City of Cathedral City Municipal Code and Adding Section 8.57.025 to Chapter 8.57 (Water Efficient Landscape) of the City of Cathedral City Municipal Code.

Recommendation: To waive reading beyond the title; provide second reading, by title only; and adopt an ordinance removing Chapter 6.04 (Refuse Disposal) of the City of Cathedral City Municipal Code and adding Chapter 6.04 (Solid Waste Collection and Disposal) to the City of Cathedral City Municipal Code and Adding Section 8.57.025 to Chapter 8.57 (Water Efficient Landscape) of the City of Cathedral City Municipal Code.

Ord 854
E. Purchase of 2022 Chevrolet Tahoe LT Staff Vehicle
Recommendation: Authorize the Fire Department to purchase one 2022 Chevrolet Tahoe LT 4WD with associated emergency
lighting and radio installation.

M.O. 2022-16

4. ITEM CARRIED OVER FROM THE STUDY SESSION AGENDA
A. Chapter 5.96 Short Term VAcation Rental Units - Discussion of Possible Ordinance Amendments
Sandra Molina, Code Compliance Manager, presented an overview of the proposed changes to the Short-Term Vacation Rental Ordinance. She presented the following points:
· Background
· STVR Program Recommended Changes
· Residents Suggestions
· STVR Program and City Attorney
Councilmember Raymond Gregory requested clarification on short-term vacation rental insurance.

Sandra Molina provided a brief overview of short-term vacation rental insurance that is available.

Councilmember Mark Carnevale inquired why short-term vacation rental insurance is being recommended.

City Attorney Eric Vail provided a brief overview of the legal protections for the City by requiring this type of insurance.

Councilmember Raymond Gregory expressed his concern with the proposed recommendations related to mailing notifications.

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Mayor Ernesto Gutierrez and Mayor Pro Tem Rita Lamb concur with Councilmember Gregory’s concerns related to the recommendations related to mailing notifications.

Sandra Molina stated that staff will evaluate the recommendation related to mailing notifications further based on the comments received by the City Council.

The City Council expressed their support for not counting children ages 2 years and younger for occupancy limits.

City Attorney Eric Vail stated that it would be difficult to enforce an exclusion for children 2 years and younger, which is the reason for the current occupancy limits.

Sandra Molina indicated that staff would evaluate occupancy limits further.

Councilmember Raymond Gregory suggested requiring STVR owners to submit a URL on an annual basis and require submittal if there are any changes.

Sandra Molina took note of Councilmember Gregory’s recommendation.

It was the consensus of the City Council not to change the current provision related to vehicle parking in front of mailboxes for STVRs.

Councilmember Nancy Ross requested clarification on the appeal process for license suspensions and revocations.

Sandra Molina provided an overview of the current appeal process and recommendations related to revising the process.

Mayor Ernesto Gutierrez supports staff’s recommendations related to the appeal process.

Councilmember Raymond Gregory questioned if it is appropriate for residents to receive notice of a citation and be able to provide input if they are not a “party” to the citation.

City Attorney Eric Vail indicated that it is not the normal process for residents to be involved in the process. He stated that if the City chooses to make the process a more public orientated process it can be designed that way, however, the enforcement aspect will become much lengthier and more expensive. The original process is designed to be much more efficient. He wants the Council to keep in mind that the City wants to maintain its ability to suspend a license even if it does not have four suspensions.

This City Council stopped discussion on this item at 6:57 p.m. and will resume discussion after item 5B has concluded.

The City Council resumed discussion on this item at 8:02 p.m.

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Councilmember Raymond Gregory supports staff’s recommendation to limit the number of permitted bedrooms that can be rented out in a home share to 50% and permitting only one room to be rented out in a three-bedroom home share.

Mayor Ernesto Gutierrez concurs with Councilmember Gregory.

Mayor Pro Tem Rita Lamb concurs with Councilmember Gregory.

City Attorney Eric Vail indicated that he has reviewed residents’ suggestion number 3 to hold online platforms accountable for listing unpermitted STVRs and recommends the City Council consider moving forward. His office has provided staff with suggestions on how to accomplish this.

City Attorney Eric Vail indicated that he does not recommend residents’ suggestion number 4 to constitute each night as a separate violation at an unpermitted property.

In regard to residents’ suggestion number 5, City Attorney Eric Vail recommends the following:
· Adopt an urgency ordinance at the next City Council meeting related to prohibiting the issuance of licenses by HOAs in R1 and R2 zones. · Consider doing a zoning ordinance that prohibits STVRs in single family residential zones.

It was the consensus of the Council to support the City Attorney’s recommendations.

Mayor Ernesto Gutierrez supports residents’ suggestion number 10 to lower the current fine structure. He supports $1000 for first violation, $3000 second violation, and $5000 for the third violation.

Mayor Pro Tem Rita Lamb concurs.

City Attorney Eric Vail indicated that in regard to suggestion number 12 he recommends adding language to be clearer.

City Attorney Eric Vail indicated that in regard to suggestion number 15, his office will be bringing forward a recommendation for the City Council to review and consider.

Diane McAlpine stated that there is no requirement for homeowners’ insurance other than by a lender and is not in favor of STVR insurance. She expressed concern that HOAs are not obligated to notify the homeowners and she would want to be notified of STVRs. Airlines allow children under the age of two to sit on the lap of an adult and suggested using the same age guideline for STVRs.

She feels that parking in front of mailboxes is rude and should remain prohibited.

HOA residents are enduring problems, and she believes HOAs will request that the City ban STVRs in HOAs as Rancho Mirage did.

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Tony Michaelis, President Montage at Mission Hills, echoes Diane McAlpine's comments regarding HOAs. He supports a band of STVRs in HOAs and feels HOAs need the City's help enforcing.

Danielle Mead concurs with Diane McAlpine’s comments. With regard to notification in HOAs, she feels people are more likely to open mail from the City rather than their HOA boards or management companies. Trash cans should be based on occupancy rather than bedrooms. She stated that reporting on violations is very important, the public relies on this information. She would like something in the ordinance to require the City to keep reporting up to date.

Ed Emond-Worline expressed his excitement that the City is going to issue a moratorium on HOA STVRs in R1 and R2 neighborhoods. He requested that staff meet with residents as the changes to the ordinance are being drafted. He submitted an email to the City Clerk to share with Council regarding Palm Springs agenda items for STVR appeals, which allows the public to have input.

Lowell Freeman expressed his concern for the increase for licenses since Desert Princess Country Club enforces their short-term rentals not the City. He hopes once the STVRs are gone the City will bring the cost back down.

Teri Hargreaves thanked staff for meeting with residents in October and taking their recommendations into consideration. She couldn't be happier. She recommends the City enforce three strikes and you’re out for violations. She stated that parking in front of mailboxes gets a lot of complaints and feels it needs to be addressed. She feels renewal permits are still an issue for problem STVRs and that needs to be addressed.

Doug Evans commended the staff for their hard work in the last year. He is very pleased with the report from the City Attorney regarding an urgency ordinance and zoning amendments. He feels the problem STVR house on North Hampton should have had their license suspended in February and suggested the City look at the records and how much energy goes into the management of bad apples. He feels that the public can provide input, as other larger cities have allowed, with regard to appeals.

Rocky Patterson expressed his excitement for the recommendations put forth.

He also expressed his concern about the STVR next door to him that is renting for short-term and instructing their occupants to say they are staying long-term.

He thanked everyone for their efforts to make his neighborhood a nice place to live.

Bary Freet expressed support of HOAs having the ability to determine and enforce STVRs within their purview. He feels that the CC&R for Tentative Track Map No. 38137 should be comparable with other CC&Rs in the area.

Councilmember Raymond Gregory supports suspension of licenses on the third citation. He hopes that staff will look at allowing the public to be able to provide input in the appeal process as is the case in other cities.

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Councilmember Mark Carnevale supports suspension of licenses on the third violation.

This item was for information and direction only, no formal action was taken.

The City Council recessed at 9:04 p.m.

The City Council reconvened at 9:15 p.m.

5. PUBLIC HEARINGS - ITEM 5B WILL BE HEARD AT 7:00 PM
A. Tentative Tract Map No. 38137
Recommendation: 1. Conduct a Public Hearing to consider an appeal of the Planning Commission's approval of Tentative Tract Map No. 38137 to subdivide an approximately 3.74-acre residential parcel into 14 residential lots and a common lot for retention purposes in the R1 (Single Family Residential) Zoning
District; and

2. UPHOLD the Planning Commission's actions to i) Find that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15332, Class No. 32 (In-Fill Development); and ii) Approve Tentative Tract Map No. 38137 subject to the attached Conditions of
Approval and based on the findings contained in the staff report.

Mayor Ernesto Gutierrez recused himself from this item.

Mayor Pro Tem Rita Lamb introduced the item.

Brenda Ramirez, Associate Planner, provided an overview of the appeal of Tentative Track Map No. 38137.

Deputy City Attorney Leila Moshef-Danesh provided an overview of the standard of review for this appeal.

Mayor Pro Tem Rita Lamb opened the Public Hearing to receive input from the general public related to Tentative Tract Map 38137.

Mike Bress urged the City Council to reconsider the passing of Tentative Tract Map 38137 and to pass an emergency ordinance to prohibit STVRs in HOAs.

Diane McAlpine concurs with Mike Bress and urged the City Council to continue strong prohibition against STVRs.

Danny Lee urged the City Council to impose a restriction on the approval of Tentative Tract Map 38137 to prohibit renting of any property for less than thirty days.

Ed Emond-Worline feels the Planning Commission failed to do their job in

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approving Tentative Tract Map 38137 without imposing restrictions on STVRs.

He urged the City Council to impose a restriction on STVRs for the proposed Tentative Tract Map 38137.

Teri Hargreaves reiterated that the residents do not want STVRs in the neighborhood. She feels STVRs belong in resort areas that can manage them.

She urged the City Council to say no to this proposed development.

Doug Evans stated that many of the previous speakers covered most of his comments. He feels this proposed development is not compatible with the neighborhood and the City will receive complaints.

Ken Muraco thanked City Attorney Eric Vail for his work. He hopes that the design of the new development will be similar to the look of the surrounding area and not block the view.

Stanton Kernan expressed his concern with the process for approving Tentative Tract Map 38137 and urged the City Council to reject this plan and ask the builder to come back with a complete plan with all details.

Ernesto Gutierrez stated that as the Mayor he was contacted by many residents regarding Tentative Tract Map 38137 who strongly oppose it. He brought this forward to allow the residents to provide their input in this decision.

Jim Shute, applicant for Tentative Tract Map 38137, stated that his intention was to get this tentative tract map approved and stay within all codes, regulations, and rules. This was never planned to be used for STVRs and he has learned a lot through this process. He hopes that the proposed urgency ordinance discussed tonight will cover this issue. He wanted to set the record straight and stated that he has not spoken to anyone about buying one of his properties for STVR purposes. He would like to provide a nice development for the neighborhood. He stated that they do not have plans yet, however, those plans will be subject to Architectural Review and public input.

Kathleen Patterson urged the City Council to approve the appeal to reject the approval of Tentative Tract Map 38137 and protect the neighborhoods.

Ruth Grau feels short-term rentals are important to the local economy and the future of the City and feels there are ample provisions in place.

Robert Van Tassel stated that the voters were very clear in passing Measure B and urged the City Council to limit rentals to 30 days or more in this proposed development and all other new developments.

Cyndie and Bruce Swauger urged the City Council to strengthen the current STVR ordinance and not allow STVRs in R1 and R2 zones. They urged the City Council to prohibit STVRs in the proposed development and all future developments.

John and Shannon Bondehagen feel new HOA developments should not be

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allowed in R1 and R2 zones and feels the proposed development should be consistent with bordering neighborhoods which consist of single-story homes.

Ray Pullicar urged the City Council to prohibit STVRs in the proposed development.

Dan Stoddard urged the City Council to stand firm and represent the majority of voters and only approve Tentative Tract Map 38137 if they add prohibition on STVRs in their development.

Bert Boss feels that Tentative Tract Map 38137 should only be approved if they add a prohibition on STVRs in their development.

Bob Ohda urged the City Council to place a restriction on the approval of Tentative Tract Map 38137 prohibiting leasing of the homes in the development for periods of 30 days or less.

Mayor Pro Tem Rita Lamb closed the Public Hearing and returned discussion to the City Council.

A motion was made by Councilmember Gregory and seconded by Councilmember Ross to continue the Public Hearing to a future date where public input will be received from those who have not had an opportunity to speak and the City Council to deliberate.

M.O. 2022-16
RESULT: APPROVED [4-0]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory
RECUSED: Gutierrez
B. Consideration of revised City Council District Electoral Boundaries as required by Elections Code Section 21621.

Recommendation: Receive a report from staff and the City's redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and conduct a public hearing to receive public input on district boundaries.

Geremy Holm, Best Best and Krieger Consultant, provided an overview of the redistricting process and the second public hearing. He presented the following points:

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· Project Overview
· Review Draft Maps
· Next Steps and Hearings
Councilmember Nancy Ross expressed her concern with the boundary lines drawn in proposed Map A.

Councilmember Raymond Gregory expressed his concern with the splitting of multiple neighborhoods in proposed Map A. He stated that he asked that minor adjustments be made to keep neighborhoods together.

Councilmember Mark Carnevale supports the current district boundaries with minor adjustments.

Mayor Ernesto Gutierrez expressed his concern with proposed Map A and proposed Map B, stating that the changes are too drastic. He supports the current district boundaries with minor adjustments. He suggested Best Best and Krieger meet with the City Council members to discuss proposed district maps.

Mayor Ernesto Gutierrez opened the second Public Hearing to receive input from the general public related to the consideration of Revised City Council District Boundaries as required by Election Code Section 21621.

Diane McAlpine expressed her concern about the process of drawing the proposed maps.

Danielle Mead questioned if census tracks can be split in Cathedral City.

Teri Hargreaves expressed her support for Councilmember Gregory's comments to keep the Panorama area together. She strongly opposes proposed Map A.

Rick Saldivar stated that navigating the map tool was difficult and suggested the City hold an educational workshop.

Terry Applegate supports the idea of an educational workshop. She expressed her concern with Best Best and Krieger meeting with the City Council members separately.

Mayor Ernesto Gutierrez closed the Public Hearing and returned discussion to the City Council.

There was no further discussion by the City Council.

This item is for information only, there was no formal action taken by the City Council.

6. LEGISLATIVE ACTIONS
A. Hall of Flowers Trade Show Special Use Permit (SUP) for May 2022

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Recommendation: Approve Special Use Permit (SUP) No. 22-___ with the attached Conditions of Approval.

Stone James, Economic Development Director, provided an overview the proposed Hall of Flowers Trade Show Special Use Permit.

Stone James will work with the applicant to discuss the following issues and recommendations discussed by the City Council:
· Parking and pedestrian crossing around the event area is controlled. · Local businesses have the opportunity to participate in providing food and services.
· Look into a partnership with the Doubletree to help provide rooms for out- of-town attendees.

Jack Rivers, Canyon Print, expressed his appreciation for the Hall of Flowers and what it has done for the City.

Daniel Diamantstein, Founder and CEO of Hall of Flowers will work on the recommendations and issues discussed by the City Council this evening. He would also provide security as long as needed to the apartments located next to the event space.

Maria Scagliotti attended the first Hall of Flowers event, and it was great. Urged the City Council to give local businesses the same opportunity by allowing outdoor lounges.

Christina Baine Attorney for nearby HOA stated that their community opposes the special use permit due to the issues with the first event.

Mark Durkton project manager for the event space, confirmed that at the last Hall of Flowers event all rules and regulations were followed throughout the entire event including the setup and takedown.

Geoff Corbin, Senior Center expressed his support of the Hall of Flowers event and thanked their team for all the support they have provided to the Senior Center. He feels they are a true partner of the community.

M.O. 2022-18
A motion was made by Mayor Gutierrez and seconded by Mayor Pro Tem Lamb to approve a Special Use Permit (SUP) for the Hall of Flowers Event to be held in May 2022, with conditions of approval recommended by staff.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Mayor
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Professional Services Agreement (PSA) with Clearsource Financial for the completion of a Citywide Development Impact Fee Study Recommendation: Authorize a Professional Services Agreement (PSA) with Clearsource Financial for the completion of a Citywide
Developer Impact Fee Study Update in the amount not to
exceed $65,090.00.

Stone James, Economic Development Director provided an update on the proposed Development Impact Fee vendor contract.

M.O. 2022-19
A motion was made by Councilmember Ross and seconded by Councilmember Carnevale to Authorize a Professional Services Agreement (PSA) with Clearsource Financial for the completion of a Citywide Developer Impact Fee Study Update in the amount not to exceed $65,090.00.

RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
C. CFD 2006-1, IA #16, Formation, Election and Ordinance Public Hearing Recommendation: For the City Council of the City of Cathedral City, acting on behalf of Improvement Area (IA) No. 16 of the City of
Cathedral City Community Facilities District (CFD) 2006-1 (law enforcement, police, paramedic, park and general
maintenance services), to adopt the following:
· Resolution of Formation determining the validity of
prior proceedings (Resolution 2021-34, Resolution of
Intention)
· Resolution Calling for a Special Election
· Resolution Canvassing the Results of the Special
Election
· Introduce the 1st reading of an Ordinance Authorizing the Levy of a Special Tax
Mayor Ernesto Guiterrez announced that at this time he will open the Public Hearing for the proposed formation of the improvement Area No. 16 of the City of

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Cathedral City Community Facilities District No. 2006-1.

City Clerk Tracey Hermosillo announced that the Public Hearing was published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication is on file in the City Clerk's Office.

Kevin Biersack, Deputy Finance Director gave an overview of the formation of the proposed District.

Mayor Ernesto Gutierrez questioned if there were any comments from members of the public.

Diane McAlpine inquired on the details of the formation of the proposed district.

Mayor Ernesto Gutierrez questioned if there were any property owners subject to the proposed special tax wishing to file a written protest, if so, they must file with the City Clerk at this time. For the purpose of majority protest only written protests are to be considered, seeing none he closed the Public Hearing.

Reso 2022-03
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve a Resolution of Formation of the City Council of the City of Cathedral City Determining the Validity of Prior Proceedings, Establishing Improvement Area No. 16 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance and General Maintenance Services).

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 16 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance and General Maintenance Services) calling for a Special Election.

Reso 2022-04
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
Mayor Ernesto Gutierrez directed the City Clerk to tabulate the ballot and announce if two-thirds of the ballots cast are in favor of levying that tax.

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City Clerk Tracey Hermosillo announced that two-thirds of the votes cast are in favor of levying that tax.

A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No.16 of the City of Cathedral Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance and General Maintenance Services) canvassing the results of the Special Election held within said District.

Reso 2022-05
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to introduce, wave reading beyond title, and provide first reading by title only an Ordinance of the City Council of the City of Cathedral City acting as the legislative body of Improvement Area No. 16 of the City of Cathedral City Community Facilities District 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services) authorizing the levy of a special tax.

M.O. 2022-20
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
D. Continuation of Teleconference Meetings
Recommendation: To adopt a resolution authorizing the City Council and Commissions to meet via teleconference pursuant to
Assembly Bill (AB) 361.

Reso 2022-06
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve a resolution authorizing the City Council and Commissions to meet via teleconference pursuant to Assembly Bill (AB) 361.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
E. Update on Emergency Actions Related to COVID-19

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Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.

Update on Emergency Actions taken by City, County, State of Federal Agencies.

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

City Manager Charles McClendon provided an update on emergency actions related to COVID-19. He stated that within the organization, we are in a much better situation in the last two weeks, which seems to correspond with what we are seeing in both the numbers in the boarder community and county levels, and he is hopeful. He recommended that the City Council act to extend Resolution 2020-06 for another 60 days.

Terry Applegate stated that the newest variant is more contagious, and she urged the Council to keep up our measures.

A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to extend Resolution 2020-06, which proclaims the existence of an emergency situation and local emergency due to the worldwide spread of COVID-19.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory

7. DISCUSSION ON FUTURE AGENDA ITEMS
There were no future agenda items discussed.

8. CLOSED SESSION

ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular City Council meeting at 11:10 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Staff Report

City Council

Item No. 3.C

Meeting Date: February 9, 2022
From: Crystal Sandoval, Assistant Civil Engineer
Title: Resolution to Approve the Master Agreement Administering Agency-State Agreement for State -Funded Project No. 08 - 5430S21 a nd Delegate Authorizations to Execute Program Supplemental Agreements, Fund Exchange Agreements,
and/or Fund Transfer Agreements to the Master Agreement

City Council

RECOMMENDATION:

Approve a resolution authorizing the City Manager to execute the Master Agreement Administering Agency -State Agreement for State -Funded Project No. 08 -5430S21; and, authorize the City Manager or Director of Engineering/Public Works to accept, execute, and endorse all Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any amendments thereto to the Master Agreement No. 08-5430S21 between the City of Cathedral City and the State of California, acting through the Department of Transportation for the purpose of Administering and Disbursing of State Grant Funds on Projects.

BACKGROUND:

The City of Cathedral City (City) currently has a Master Agreement for the administration of State funded projects within the City. Specific projects are identified by program supplements to the Master Agreement.

Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements create mechanisms to allow for reimbursement to the City for the approved portion of the costs for the design and construction of State funded transportation projects.

Caltrans has requested that a revised Master Agreement between Caltrans and the City be executed. The revised Agreement incorporates numerous changes in regulations and policies that have been enacted since the original Master Agreement was signed.

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Caltrans has requested that a Certified Authorizing Resolution be returned with the signed Agreements for their further processing. The Resolution should clearly identify the official(s) authorized to execute the agreements.

DISCUSSION:

Currently, Cathedral City has the HSIP Cycle 10 Project which will have Program Supplement Agreement s, Fund Exchange Agreement s and/or Fund Transfer Agreements needing approval at certain times. This cited Project triggered the need to update the Master Agreement and Certified Authorization Resolution. This Certified Authorization Resolution will clearly identify the official(s) authorized (City Manager or Director of Engineering/Public Works) to execute the agreements.

These agreements are required for all state funded transportation projects. A blanket Resolution is preferred versus specific individual Resolutions to speed up approval of agreements and processing of the funding.

FISCAL IMPACT:

There are no fiscal impacts associated with the approval of this Resolution.

ATTACHMENTS:
08-5430S21_City of Cathedral City_Unsigned
Resolution No. 2022-xx

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MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT FOR

STATE-FUNDED PROJECTS
08 City of Cathedral City
-------- ---------------------------------------------- District Administering Agency
Agreement No. 08-5430S21
This AGREEMENT, is entered into effective this 9th day of February, 2022, by and between the City of Cathedral City, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

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ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

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9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY.

Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

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15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

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23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal.

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Attachment: 08-5430S21_City of Cathedral City_Unsigned (3087 : Resolution to Approve the Master Agreement Administering Agency-State (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.

Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY.

All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

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4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

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8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess
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16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments.

ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is Page of 169

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Attachment: 08-5430S21_City of Cathedral City_Unsigned (3087 : Resolution to Approve the Master Agreement Administering Agency-State constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

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5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

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5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

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12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.

The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the Page of 1613

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19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA City of Cathedral City

DEPARTMENT OF TRANSPORTATION
By______________________________ By_______________________________ ________________________________ _______________________________ Chief, Office of Project Implementation City of Cathedral City Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative)
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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. 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. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act.

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Attachment: 08-5430S21_City of Cathedral City_Unsigned (3087 : Resolution to Approve the Master Agreement Administering Agency-State (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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Attachment: 08-5430S21_City of Cathedral City_Unsigned (3087 : Resolution to Approve the Master Agreement Administering Agency-State

RESOLUTION NO. 2022--

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, APPROVING REVISED ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE -FUNDED PROJECTS NO. 08 -5430S21 AND

AUTHORIZING DESIGNATED CITY STAFF TO ACCEPT, EXECUTE AND ENDORSE ALL PROGRAM

SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE AGREEMENTS, AND/OR FUND TRANSFER

AGREEMENTS TO THE MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE- FUNDED PROJECTS NO. 08-5430S21 BETWEEN THE CITY OF CATHEDRAL CITY AND THE STATE OF

CALIFORNIA, ACTING THROUGH THE DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF ADMINISTERING AND DISBURSEMENT OF STATE TRANSPORTATION FUNDS FOR PROJECTS.

WHEREAS, The City of Cathedral City entered into an Administering Agency-State Agreement for State- Funded Projects (Master Agreement) on May 5, 2010; and

WHEREAS, The California Department of Transportation has requested that the City execute a revised Master Agreement that incorporates numerous changes in regulations and policies that have been enacted since the original Master Agreement was signed; and

WHEREAS, The City of Cathedral City is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and

WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and

WHEREAS, the City wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager or the Director of Engineering/Public Works;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE CITY OF CATHEDRAL CITY, AS FOLLOWS:

SECTION 1.

The City of Cathedral City approves the Revised Administering Agency-State Agreement for State -Funded Projects No. 5430S21 (Master Agreement) subject to and in accordance with the terms and conditions set forth therein.

SECTION 2.

Authorize the City Manager to sign Revised Administering Agency-State Agreement for State-Funded Projects No. 5430S21 (Master Agreement).

Authorize the City Manager or Director of Engineering/Public Works to accept, execute, and endorse all Program Supplement Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any amendments thereto to the Administering Agency-State Agreement for State-Funded Projects No. 08-5430S21 between the City of Cathedral City and the State of California, acting through the Department of Transportation for the purpose of Administering and Disbursing of State Grant funds on projects.

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Attachment: Resolution No. 2022-xx (3087 : Resolution to Approve the Master Agreement Administering Agency-State Agreement)

SECTION 2. CERTIFICATION

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.

EFFECTIVE DATE

This Resolution shall take effect upon its adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council for the City of Cathedral City held on the __ day of _______ 20__ by the following vote:

COUNCIL MEMBER/VOTE AYE NO ABSENT ABSTAIN
LAMB
ROSS

CARNEVALE

GUTIERREZ

GREGORY

Ernesto M. Gutierrez, Mayor
ATTEST:

Tracey Martinez, City Clerk
APPROVED AS TO FORM:

Eric S. Vail, City Attorney

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Attachment: Resolution No. 2022-xx (3087 : Resolution to Approve the Master Agreement Administering Agency-State Agreement)

Cathedral City Page 1 of 3 Printed on 2/24/2022

Staff Report

City Council

Item No. 3.D

Meeting Date: February 9, 2022
From: John Corella, Director of Engineering/Public Works Title: Adopt a resolution certifying completion of public improvements in portions of Tract No. 28639 -1 and Tract No. 32559, and authorize release of securities pursuant to the Improvement Agreement with HPH Homebuilders 2000, L.P., developer and with Amendment No. 1 to that Agreement.

City Council

RECOMMENDATION:

Adopt a Resolution: (a) certifying the public improvements constructed within portions of Tract No. 28639 -1 and Tract No. 32559 by HPH Homebuilders 2000, L.P., pursuant to its Improvement Agreement with the City, and with Amendment No. 1 to that Agreement, were completed in accordance with City standards and sp ecifications; (b) authorize the release of improvement agreement securities and deposits as described in the Resolution; (c) authorize the Director of Engineering/Public Works to file a Notice of Completion for the project; and, (d) accept certain improvem ents into the City maintained street system.

BACKGROUND:

Tract No. 28639 -1, a 261 residential lot subdivision named “Rio Vista”, was recorded in 2001.

Upon recording of Tract No. 28639 -1, the developer posted bonds to insure that the public improvements would be completed in conformance with the California Subdivision Map Act. A portion of this subdivision was re -subdivided as Tract No. 32559, a 70 -lot residential tract, in 2005. The subdividers of both tracts failed to complete the required public improvements in these subdivisions. In 2018, HPH Homebuilders 2000, L.P. (HPH), a subsidiary of the D. R.

Horton company, purchased a number of vacant lots in both subdivisions, their “Takedown #1”, intending to build and sell single family residences. In consideration of the issuance of building permits and obtaining final building inspections, HPH executed an Improvement Agreement (Agreement) with the City, dated July 12, 2019, in which it agreed to complete the missing public improvements in the porti ons of the two tracts being developed by HPH. This work included the completion of public streets and alleys, sewer and water mains, water and sewer services, utilities and the improvement of three (3) park lots.

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The City Council approved this Agreement with HPH in August 2019, and HPH secured its performance of the Agreement by the posting of faithful performance, labor and material bonds, and a cash bond to guarantee completion of missing monuments and property corners.

In anticipation of HPH acquiring more lots in the two tracts, the Agreement included a provision allowing its amendment to add any additional construction of missing improvements.

In 2019, HPH purchase d additional lots in both tracts, representing “Takedown #2”, and the Improvement Agreement was amended by the execution of Amendment No. 1, in which HPH took on the obligation of constructing additional public improvements on the streets and alleys in the locations of the Takedown #2 lots. HPH secured its performance of that work by the posting additional bonds and cash securities.

All the improvements as required by the Agreement and Amendment No . 1 have been satisfactorily complete d, with the improvements ready to be certified and accepted, and the securities released.

DISCUSSION:

A Notice of Completion (NOC) has been prepared and will be filed by the Director of Engineering/Public Works upon approval of the attached Resolution, noting all improvements have been completed. No claims have been filed with the City against any of the p osted securities. Upon adoption of the Resolution, the surety bonds guaranteeing faithful performance will be released. Pursuant to State law, the surety bonds guaranteeing payment for labor and materials posted with the Improvement Agreement will be rel eased by the Director of Engineering/Public Works ninety (90) days after recordation of the Notice of Completion.

The developer has posted one -year warranty bonds to guarantee repair of any defects in materials or workmanship to the public improvements i n the development. These warranty bonds will be released by the Director of Engineering one year after adoption of this Resolution provided no claims have been filed or problems arise due to problems with materials or workmanship.

Lastly, all the required monuments have been set in development and the surveyor of record has submitted evidence he has been compensated for those services. Therefore, the cash securities for monuments can be released.

The securities from Westchester Fire Insurance Company pos ted by the developer with the original Improvement Agreement to be released are in accordance with the terms of the Improvement Agreement and outlined in the Resolution as follows:

For Faithful Performance: $ 1,224,400 Bond # K 15403846 For Labor and Materials: $ 612,200 Bond # K 15403846 For Monumentation: $ 30,000 Cash deposit

The securities from Harco National Insurance Company posted by the developer with Amendment No. 1 to the original Improvement Agreement to be released are in accordance with the terms of the Improvement Agreement and outlined in the Resolution as follows:

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For faithful performance: $ 2,228,500 Bond # 0775146 For labor and materials: $ 1,114,250 Bond # 0775146 For monumentation: $ 24,475 Cash deposit

The Rio Vista master Covenants, Conditions and Restrictions (CC&Rs) provide for the local Homeowner’s Association (HOA) to perform the maintenance of the alleys and landscaped park lots improved by HPH. Therefore, only the public streets listed in the Resolution (portions of Rio Felicita, Rio Oso, Rio Vista, Rio Madre, Rio Largo, Rio Guadalupe, and Rio Naches) are being accepted into the City’s maintained street system, as well as Lot QQ, for storm drain purposes.

FISCAL IMPACT:

With the adoption of this Resolution, there will be minimal fiscal impact upon the City. The public alleys and park lots listed will be maintained by the Homeowner’s Association, and the public street maintenance will be absorbed into the normal maintenance du ties of the Public Works Department.

ATTACHMENTS:

HPH Tr 28639-1 and 32559 accept resol 2 PHASES
Horton Verano Takedown area 1
Horton Verano Takedown area 2
HPH Not of Compl Trs 28639-1 32559 2 phases

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RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY

CERTIFYING COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS IN TRACT NO. 28639-1 AND TRACT NO. 32559 BY HPH HOMEBUILDERS 2000, L.P., PER IMPROVEMENT AGREEMENT DATED JULY 12, 2019, AND AMENDMENT NO. 1 THERETO, DATED JANUARY 15, 2020, AND RELEASING SUBDIVISION

SECURITIES

WHEREAS, Tract No. 28639-1, a 261 residential lot subdivision was recorded in 2001, and Tract No. 32559, a re-subdivision of a portion of Tract No. 2863 9-1, for 70 residential lots, was recorded in 2005, but neither subdivision was fully developed, and their original subdividers did not complete all of the required public improvements; and

WHEREAS, HPH Homebuilders 2000, L.P., a subsid iary of D. R. Horton, (“Developer”) purchased certain vacant lots in both subdivisions for the purpose of constructing and selling single family homes; and

WHEREAS, as a condition of the issuance of building permit s and final inspections of the homes, Developer executed an Improvement Agreement, dated July 12, 2019, and subsequently executed Amendment No. 1 thereto, dated January 15, 2020, with the City in which Developer agreed to construct and complete the streets, curbs, gutters, utilities and other i nfrastructure in the areas of the lots being developed by Developer; and

WHEREAS, pursuant to the July 12, 2019 Improvement Agreement, Developer posted certain securities, as listed below, to guarantee faithful performance of the work, to guarantee payment for labor a nd materials, and to guarantee placement of survey monuments and property corners in accordance with the recorded tract maps:

For faithful performance: Surety bond No. K 15403846, for $1,224,400.

For labor and materials: Surety Bond No. K 15403846, for $612,200.

For monuments and property corners: cash deposit of $ 30,000, paid August 6, 2019.

WHEREAS, pursuant to Amendment No. 1 to the Improvement Agreement, Developer posted certain securities, as listed below, to guarantee fai thful perf ormance o f the work, to guarantee payment for labor and materials, and to guarantee placement of survey monuments and property corners in accordance with the recorded tract maps:

For faithful performance: Surety bond No. 0775146, for $2,228,500.

For labor and materials: Surety Bond No. 0775146, for $1,114,250.

For monuments and property corners: cash deposit of $ 24,475, paid January 27,2020.

WHEREAS, in accordance with the terms of the July 2, 2019 Improvement Agreement, Developer has posted a good and su fficient Warr anty bond in the amount of $ 1 22,440, and pursuant to Amendment No. 1 has posted a good and sufficient Warranty bond in th e amount of $ 222,850, to guarantee the public improvements in said tracts constructed by Developer against any defects in materials and workmanship; and,

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Attachment: HPH Tr 28639-1 and 32559 accept resol 2 PHASES (3092 : Certifying Completion of Tract No. 28639 and 32559 HPH Homebuilders)

WHEREAS, the Director of Engineering/Public Works has determined that Developer has completed all the public improvements required in accordance with the terms of the Improvement Agreement and Amendment No. 1, and has further determined that above securities may now be released in accordance with the terms of the Improvement Agreement ad Amendment No. 1 , with the exception of the labor and materials bonds and the warranty bonds; and,

WHEREAS, the public improvements constructed and completed by Developer in portions of Tract No . 28639-1 and Tract No. 32559 per the July 12, 2019 Improvement Agreement and Amendment No. 1 include the construction or improvement of all or portions of the following public streets, alleys, and lots:

In Tract No. 28639-1:

Portion of Lot W: Rio Felicita Road, from Rio Oso Drive to Rio Madre Drive.

Portion of Lot R: Rio Oso Drive, from Rio Felicita, east to Alley Lot GG.

Lots O and T: Rio Vista Drive, adjoining north side of Lots 284 and 285.

Lots U and Z: Rio Vista Drive, adjoining south side of Lots 284 and 285.

Portion of Lot X: Rio Madre Drive, from Rio Felicita to Lot A-2 Rio Largo.

Portion of Lot V: Rio Guadalupe Road, from Rio Oso to Rio Madre.

Lot A-2: Rio Largo Drive.

Lot Y: Rio Largo Drive.

Alley Lot FF, east of Alley lot GG.

Alley Lots HH, II, JJ, and KK.

Storm drain lot QQ.

Park Lots 269, 287 and 290.

In Tract No. 32559:

Lot A: Rio Naches Road.

Lot B: Rio Felicita Drive, from Rio Madre to Rio Largo.

Lot C: Rio Naches Road, from Rio Felicita Drive to Rio Madre.

Alley Lots AA, BB, CC and DD.

Park Lot 72.

Together with all sewers water mains, utilities , sidewalks, curbs, gutters, paving , lighting, landscaping and other improvements appurtenant thereto.

WHEREAS, the Director of Eng ineering/Public Works has received written confirmation from the licensed surveyor of record that the final monuments have been set and that the surveyor was compensated for same.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE CITY OF CATHEDRAL CITY, AS FOLLOWS:

Section 1; Acceptance of Public Improvements

That pursuant to Section 5 (b)(i) of the Improvement Agreement, the City hereby certifies that the above listed streets, alleys and lots have been constructed and completed in accordance with City standards and specifications and that the specified portions of public streets and Lot QQ listed above, excluding the listed alley lots and park lots, are accepted into the City maintained

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Attachment: HPH Tr 28639-1 and 32559 accept resol 2 PHASES (3092 : Certifying Completion of Tract No. 28639 and 32559 HPH Homebuilders)

street system.

Section 2. Notice of Completion

That the Director of Engineering/Public Works is hereby authorized to prepare and file a Notice of Completion in accordance with the California Civil Code upon adoption of this Resolution.

Section 3. Disposition of Improvement Securities

A. That the above-described Warranty Bonds, in the amount of $122,440 and $222,850, c overing the a pproved work, as required by Section 2 (a)(iii) of th e Improvement Agreement shall be retained for a period of one year from the date of adoption of this Resolution in accordance with Section 9 of t he Improvement Agreement. The Director of Engineering/Public Works is hereby authorized to release said Bonds following the expiration of the one-year warranty period, so long as a ny necessary warranty repairs have been completed to the satisfaction of the Director of Engineering/Public Works.

B. That the improvement securities posted by th e Subdivider in accordanc e with the Improvement Agreement and Amendment No. 1 for Faithful Performance and the cash deposit s posted for final Monuments are hereby ordered released.

C. That the improv ement securities posted by the Developer in accordance with the Improvement Agreement and Amendment No. 1 for Labor and Mater ials shall be held for a peri od of ninety (90) days from the date of recordation of the Notice of Completion in the above Section 2 in accordance with S ection 5(a) of the Improvement Agreement and Section 66499.7(h) of the Government C ode (Subdivision Map Act). The Director of Engineering/Public Works is hereby authorized to release said securit ies following the expiration of the ninety (90) day period, so long as no claims have been filed against the security.

Section 5. Effective Date

That this Resolution shall take effect upon its adoption.

Section 6. Certification

That the City Clerk shall certify to the passage and adoption of this Resolut ion; shall enter the same in t he book of original Resolutions of said City ; and shall cause a cer tified copy of the Resolution to be recorded in Official Records by the Riverside County Recorder.

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Attachment: HPH Tr 28639-1 and 32559 accept resol 2 PHASES (3092 : Certifying Completion of Tract No. 28639 and 32559 HPH Homebuilders)

PASSED, APPROVED, and ADOPTED at a regular meeting of the C ity Council for the City of Cathedral City held on this 9th day of February, 20222 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
___________________________
Ernesto Gutierrez, Mayor
City of Cathedral City, California
ATTEST:

__________________________
Tracey R. Hermosillo, CMC
City Clerk

APPROVED AS TO FORM:

__________________________
Eric S. Vail, City Attorney

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Attachment: HPH Tr 28639-1 and 32559 accept resol 2 PHASES (3092 : Certifying Completion of Tract No. 28639 and 32559 HPH Homebuilders)

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Attachment: Horton Verano Takedown area 1 (3092 : Certifying Completion of Tract No. 28639 and 32559 HPH Homebuilders)

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Attachment: Horton Verano Takedown area 2 (3092 : Certifying Completion of Tract No. 28639 and 32559 HPH Homebuilders)

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Cathedral City
Attn: City Clerk
: 68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

EXEMPT RECORDING FEES PURSUANT TO
GOVERNMENT CODE SECTION 6103 & 27383

SPACE ABOVE THIS LINE FOR
RECORDER’S USE

NOTICE OF COMPLETION

Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that:

1. The undersigned is owner or corporate offi cer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Cathedral City, a municipal corporation

3. The address of the owner is: 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234

4. The nature of the interest or estate of the owner is; in fee. Holder of dedications for streets, public utility, alley and park easements.
(If other than fee, strike “in fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None

NAMES ADDRESSES
N/A

6. A work of improvement on the property hereinafter described was complete on __________. 2022. The work done was: Public Infrastructure Improvements in portions of Tracts 28639-1 and 32559, including: concrete curbs, gutters, street & alley paving, driveways, sewer and water services, landscaping, drainage works, and appurtenances. The City Council accepted and certified said work on _________________, 2022.

7. The name of the contractor/subdivider, if any, for such work of improvement was:

HPH Homebuilders, 2000, L. P. July 12, 2019 and January 15, 2020 (If no contractor for work of improvement as a whole, insert “none”.) (Date of Subdivision Agreement)

8. The property on which said work of improvement was completed i s in the City of Cathedral City, County of Riverside, California, and is described as follows: all or portions of Rio Felicita, Rio Oso, Rio Vista Drive, Rio Madre, Rio Largo, Rio Naches Drive, Rio Guadalupe, Alley lots, and park lots 72, 269 , 287 and 290, in Tracts 28639-1 and 32559 (MB 300/53-66 and MB 390/37-41 respectively).

9. The street address of said property is N/A. Signature of Owner/corporate officer named in Para 2 above:

February 10, 2022 __________________________________ Dated Charles P. McClendon, City Manager City of Cathedral City

VERIFICATION
I, the undersigned, Charles P. McClendon , say: I am the City Manager of the City of Cathedral City, CA the declarant of the fo regoing Notice of Completion; I have read said Notice of Completion and know the contents thereof. The same is true of my own knowledge. I declare under penalty o f perjury that the foregoing is true and correct.

Executed on February 10. 2022, at Cathedral City, California.

_____________________________________
Charles P. McClendon, City Manager
City of Cathedral City

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Attachment: HPH Not of Compl Trs 28639-1 32559 2 phases (3092 : Certifying Completion of Tract No. 28639 and 32559 HPH Homebuilders)

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Staff Report

City Council

Item No. 3.E

Meeting Date: February 9, 2022
From: Andrew Lee,
Title: Award a two -year Agreement for Services to CASC Engineering and Consulting, Inc. for National Pollution Discharge Elimination System (NPDES) Program Consulting

City Council

RECOMMENDATION:

Award a two-year Agreement for Services to CASC Engineering and Consulting, Inc. for National Pollutant Discharge Elimination System (NPDES) Program Consulting Services; authorize the City Manager to execute the Agre ement documents; and authorize the Director of Engineering/Public Works to issue Task Orders as needed to complete the NPDES Program requirements within existing FY 2021 -22 and 2022 -23 budget limits.

BACKGROUND:

Stormwater runoff is generated from rai n and storm events that flow over land or impervious surfaces, such as paved streets, parking lots, and building rooftops, and does not infiltrate into the ground. The runoff picks up pollutants like trash, chemicals, oils, and dirt/sediment that can harm our rivers, streams, lakes, and coastal waters. To protect these resources, the City is mandated to comply with the requirements of the Whitewater River Regional Permit and manage its National Pollution Discharge Elimination System (NPDES) Program. These requirements include tracking best management practices (BMP’s) during and after construction, conducting periodic inspections to the City’s industrial and commercial business es, documenting good housekeeping practices when maintaining its facilities, and recording any investigations conducted for illegal connections and illicit discharges. These activities are summarized and reported annually to the Regional Water Board.

DISCUSSION:

As the City continues to grow, Staff must allocate time and resources to be able to complete the required tasks (inspections, logging and report ing) necessary to comply with this unfunded mandate. The City has found it both efficient and cost effective to biennially bid out for on -call and/or as needed services to provide these specialized services, rather than having full -time personnel specialized in this skill set. Regularly

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called upon to assist the City's Engineering and Public Works Department , certified professionals can support this work on a day-to-day basis.

City En gineering Staff solicited Request for Proposals (RFP) for NPDES Program Consulting Services to support the Engineering Department with managing its NPDES Program. The RFP for these services was posted on the City’s website on December 29, 2021 and advertised in the Desert Sun newspaper on January 5, 2022.

Within the RFP, firms specializing in this type of work were asked to provide their qualifications to be able to perform the work on an on -call basis. Additionally, cost proposals included hourly rates (prevailing wage) and/or unit costs for various services were required to be provided in a separate, sealed envelope. All proposals were to be submitted to the City on January 20, 2022, at 3:00 p.m.

One p roposal was received on January 20, 2022, from CA SC Engineering and Consulting Inc. out of Palm Desert, California, for NPDES Program Consulting Services for various City engineering projects.

Staff is recommending moving forward with a n Agreement for Services with CASC Engineering and Consulting Inc. They have proven over the past contract period to be comprehensive, responsive, and knowledgeable of the required work. In comparison to the prior 2019 agreement, t he cost proposal was evaluated, and the rate schedule (based on modified position classific ations) mostly decrease d by 7% , while some increased slightly by 3%. These cost decreases and increases were evaluated by Staff and are in line with the expectations for these types of services seen in the industry this past year.

FISCAL IMPACT:

These specific consulting services are currently budgeted in each year and included in the City’s FY 2021 – 2022 and FY 2022 – 2023 Biennial Budget under Engineering’s Professional and Technical Services (100-156-8601) line item totaling $220,000, with NPDES inspections services identified in the amount of $35,000.

Using the hourly rates and unit prices from the agreements, the Director of Engineering /Public Works will negotiate and issue Task Orders for each type of service required related to the NPDES/Stormwa ter Management Program. Total costs for Task Orders prepared under the on -call and/or as -needed contracts will be identified as each Task Order is issued and will not exceed $35,000.

ATTACHMENTS:

CASC Proposal
Agreement for Services - CASC Engineering

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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Attachment: CASC Proposal (3094 : Agreement with CASC Engineering for NPDES Services)

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1 AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
CASC ENGINEERING AND CONSULTING INC.

FOR NPDES PROGRAM CONSULTING SERVICES

This Agreement for Services (“Agreement”) is entered into as of February 09 , 2022 (“Effective Date”) by and between the City of Cathedr al Ci ty, a municipal corporation (“City”) and CASC Engineering and Consulting Inc., a California Corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by request for qualifications, the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a proposal for the performance of the services defined and descr ibed particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Cathedral City ’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that p erformance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for two (2) years commencing on the Effective Date.

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2 SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services . Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement.

The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of t his Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 2 7 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall n ot exceed Thirty Five Thousand Dollars and 00/100 cents ($35,000) per year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 2 7 “Amendment” of this Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurr ed during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub- Service Provider contracts. Sub- Service Provider charges shall be detailed by the follow ing categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed an d expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).

In the event any charges or exp enses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.

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3 (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to c ause Service Provider to be paid w ithin forty -five (45) days of receipt of Service Provider ’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any def ects in work perform ed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider ’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitt ed to City. City shall reject work by a timely written explanation, otherwise Service Provider ’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Service Provider ’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Pro vider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider . Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work ” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, s urveys, reports, dat a, notes, computer files, files or other documents.

SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider ’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers,

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4 canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such docum ents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or rec ords shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all rec ords or documents re quired to be maintained pursuant t o this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or r ecords shall be prov ided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where Ci ty has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider ’s business, City may, by writt en request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Pro vider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability o f any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be un der Service Provider’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement.

Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider ’s officers, employees, or age nts are in any manner officials, officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider ’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accr ue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.

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5 SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services requi red under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeti ng its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Service Pro vider warrants that (1) it has thoroughly investigated and considered the work to be per formed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinanc es, regulations and rules in effec t during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointe d boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that Cal ifornia prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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6 Service Provider shall not discriminate, in any way, in the employment of persons to perform the Services in violation of a ny federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.

SECTION 13. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has o r shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider ’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person havi ng any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid confli cts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Service Provider must disclose its financial interests by completing and filing a Fair Political Practic es Commission Form 7 00, Statement of Economic Interest s. If such a determination is made, Service Provider shall file the subject Form 700 with the City Clerk ’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. S ervice Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Service P rovider will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider . S ervice Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

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7 (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any off icer, employee, agent or subcontra ctor of Service Provider , provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Service Provider for any damages, c osts and fees, including attorney’s fees, caused by or incurred as a result of Service Provider’s conduct.
(d) Service Provider shall promptly notify City should Service Provider , its officers, employees, agents or subcontractors, be served with any summons, c omplaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right , but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery reques ts provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 15. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establi shes a professional standard of care for Service Provi der’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Part ies”) from and against any and all liability (includin g liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, includi ng attorney’s fees and costs, court costs, interest, d efense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider , o r by any individual or entity for which Service Provid er is legally liable, including but not limited to officers, agents, employees or subcontractor s of Service Provider , in the performance of professional services under this Agreement.
(b) Indemnification for Other than Pr ofessional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory

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8 proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractor s of Service Provider.
(c) Indemnification from Sub- Service Provider s. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section.

Failure of City to monitor compliance with these requirement s imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Se rvice Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indem nify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the neglige nce, recklessness, or willful misconduct of the design professional. The term “design professional,” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, regi stered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(e) City’s Negligence . The provisions of this sect ion do not apply to claims occurring as a result of Ci ty’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 16. INSURANCE.

Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and

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9 made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.

SECTION 17. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provi der under this Agree ment. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted ass ignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” Ci ty acknowledges, however, that Service Provider , in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

Service Provider shall make every reaso nable effort to maintain the stability and continuity of Service Provider’s staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider ’s staff and subcontractors, if any, assig ned to perform the S ervices prior to and during any such performance.

SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider . In the even t such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any mater ial obligation under this Agreement, then, in addition to any other remedies, either Service Provider , or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider , prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be

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10 reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 20. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the r easons for the default. The notic e shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoic es during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be dee med to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 21. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidate d damages, if any, c aused by delay in performance or f ailure to perform due to causes beyond the control of Service Provider . Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 22. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 23. NOTICES.

All notices r equired or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

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Attachment: Agreement for Services - CASC Engineering (3094 : Agreement with CASC Engineering for NPDES Services) 11 To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To
Service Provider: CASC Engineering and Consulting Inc.

Attn: President/CEO
77564 Country Club Dr., Suite 211
Palm Desert, CA 92211
N
otice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the cus tody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder.

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, cons istent with Section 2 7 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 26. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administra tors, successors and assigns of the Parties.

SECTION 27. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All oth er amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

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Attachment: Agreement for Services - CASC Engineering (3094 : Agreement with CASC Engineering for NPDES Services) 12 Waiver by any Party to this Agreement of any term, condition, or cov enant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Prov ider shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Cour t, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 33. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

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Attachment: Agreement for Services - CASC Engineering (3094 : Agreement with CASC Engineering for NPDES Services) 13 IN WITNESS WHEREOF , the Part ies hereto have executed this Agreement on the date and year first-above written.

C
ITY OF CATHEDRAL CITY CASC Eng ineering and Consulting Inc. __________________________
Charles P. McClendon
City Manager
_______________________
By: Richard J. Sidor, PE, CPESC, QSD
Its: President/CEO
A
TTEST:
__________________________

B
y:________________________
Its:________________________
___
________________________
Tracey R. Martinez, CMC
City Clerk

APPROVED AS TO FORM
__
_________________________
Eric S. Vail
City Attorney
NO
TE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTA RIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APP LICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

COUNTY OF RIVERSIDE )
On ____________________, 2022, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behal f of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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A notary public or other officer completing this certificate verifies only the identity of the ind ividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 2022, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tr ue and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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A-1
EXHIBIT "A"

SCOPE OF SERVICES

I. Service Provider will perform the following Services:

Service Provider will conduc t inspections at industrial, commercial, and restaurant facilities in accordance with the Whitewater River Regions MS4 Permit requirements; complete the inspections at the Permit required frequenc ies; maintain the City ’s databases for annual reportin g; prepare the City ’s annual report(s) submitted to the Regional Water Board; and, Program related services.

II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:

Service Provider shall provide the City with cop ies of inspection forms; maintain the City’s current NPDES Program databases, prepare the City’s annual report(s) submitted to the Regional Water Board ; and, any Program-related services described in their proposal submitted on January, 20, 2022.

III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:

Service Provider will be available at any time to discuss issues that arise and will confer with the City NPDES Coordinator [periodically] to provide an update on the inspection progress and to provide copies of all documentation relating to the City’s NPDES/Stormwater Management Program.

IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:

Service Provider shall provide and/or maintain the City’s Program databases, inspection forms, and program documents for the preparation of the City’s Annual Report.

V. Service Provider will utilize the following personnel to accomplish the Services:

Service Provider Staff

VI. Service Provider will utilize the following subcontractors to accomplish the Services:

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A-2
None.

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Attachment: Agreement for Services - CASC Engineering (3094 : Agreement with CASC Engineering for NPDES Services) B-1
EXHIBIT "B"

COMPENSATION
I.

Service Provider shall use the following rates of pay in the performance of the Services:

A. Technical Director $205
B. Program Manager $145
C. Senior Inspector $155
D. Inspector $140
E. Data Management/ Analyst $145
F. D ata Management/GIS $113
G. Data Management/Clerical $88
II.

Service Provider may utilize subcontractors as indicated in this Agreement.

The hourly rate for any subcontractor is not to exceed $ (N/A) per hour without written authorization from the City Manager or his designee.

N/
A

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C-1
EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).

Coverage shall be at least as broad as Insurance Servic es Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for eac h person, in an amount not less than one milli on dollars ($1,000,000) for each accident, and property damage insurance in an am ount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equi valent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.

__X___ Workers’ Compensation Insurance: Workers’ Compensation i nsurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.

Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, off icers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is t o defend and indemnify the City from such claim.

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C-2
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liabilit y insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Ser vices performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the co mpletion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

B. Other Provisions . Insurance policies required by this Agreement shall contain the following provisions:

1. All Coverages.

a. Each insurance policy required by this Agreement shal l be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement , reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

b. Insurance is to be pl aced with insurers with a current A.M.

Best's rating of no less than A:VII.

2. Commercial General Liability and Automobile Liability Coverages.

a. City, and its respective elected and appointed offic ers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of ac tivities Service Provider performs; products and completed operations of Service Provider ; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.

The coverage shall contain no special lim itations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

b. Service Provider ’s insurance cover age shall be primary insurance with respect to City, and its respective elected a nd appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its res pective elected and appointed officers, offici als, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider ’s insurance.

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C-3
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City , and its respective elected and appointed off icers, officials, employees or volunteers.

e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

3. Workers' Compensation Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.

C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish C ity with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Service Provider shall furnish c ertificates and endorsements from each subcontractor identical to those Service Provider provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and rel ated investigations, claim administration, defense expenses and claims.

3. The procuring of such requi red policy or policies of insurance shall not be construed to limit Service Provider ’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:

LOCJECT

COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Transportation Insurance Company
12/20/2021
McGriff Insurance Services
130 Theory Ste 200
Irvine, CA 92617
714 941-2800
Mary Faber
714 941-2800 877-297-1101
[email protected]
CASC Engineering and Consulting Inc
1470 E Cooley Drive
Colton, CA 92324
20494
B
Y
7011705080 12/31/2021 12/31/2022 X
1,000,000
1,000,000
1,000,000
This certificate is for the Workers Compensation renewal only effective 12/31/2021 to 12/31/2022.

Please retain previously issued certificate for general liability, automobile liability and excess liability for the term of 2/01/2021 to 2/01/2022.

The City of Cathedral City and its respective elected and appointed officers, officials and employees and volunteers are named additional insured as respects General Liability and Automobile Liability and this (See Attached Descriptions)
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
1 of 2
#S29134798/M29134755
305CASCENGClient#: 1250938
MJFAB
1 of 2
#S29134798/M29134755

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Attachment: Agreement for Services - CASC Engineering (3094 : Agreement with CASC Engineering for NPDES Services) SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
insurance is primary and noncontributory with any other insurance of the additional insureds as required by written contract; Waiver of Subrogation applies as respects General Liability, Automobile Liability and Workers Compensation as required but written contract per the endorsements attached.

Should any policy be cancelled before the expiration date, McGriff Insurance Services will mail 30 (thirty) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. 2 of 2
#S29134798/M29134755

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Cathedral City Page 1 of 4 Printed on 2/24/2022

Staff Report

City Council

Item No. 3.F

Meeting Date: February 9, 2022
From: Andres Perez, Assistant Civil Engineer
Title: Authorizations Related to the Remaining Items for the Completion of the Panorama Dog Park

City Council

RECOMMENDATION:

Authorize the Director of Engineering/Public Works to execute all the required quotes and proposals for labor and material to complete the Panorama Dog Park Project, including purchasing amenities and services with the remaining balance of the Project budget in the amount of $334,640, which includes the contingency for unforeseen construction related expenses; and, $23,000 for qualifying Dog Park amenities from the Environmental Conservation Fund (246).

BACKGROUND:

At the City Council Meeting on January 12, 2022, City Council approved the purchase of the initial Panorama Dog Park (Project) components consisting of the shade structure (Double Wide Cantilever Hip Design 36 ft x 40 ft) and the perimeter fencing (E chelon Plus Majestic). The total for these authorizations was $264,120.

The cost for the Project concept design by Verde Designs, Inc. was $6,760 and most recently the temporary construction fencing was ordered at a cost of $4,480. These expenditures, along with the $264,120 above, total $275,360 . The total cost to complete the Project has been revised to be $610,000 from the original estimate of $500,000 identified in the Parks Improvement and Maintenance Plan.

With the most expensive and longest lead-time items ordered with fabrication underway, the remaining items to complete the Project need to be ordered. Staff has completed the estimat es, categorized each item to include the required labor, equipment, and material costs, and solicited proposals to complete the Project. Staff is now rea dy to request the City Council’s authorization to complete the remaining work.

DISCUSSION:

Landscape, Irrigation, and Trees:

The Project area will be renovated for the installation of the landscape material ,

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additional irrigation system and new trees, while salvaging the grass areas included in the Project. To complete this work, the following is requested to be authorized:

• Landscaping l abor: City On-Call Landscaping Service provider, Palms Springs Tree & Maintenance at $59,400 (prevailing wage), quote attached.

• Landscape material:

o Decomposed granite, rubble, boulders, etc. from Southwest Boulder in the estimated amount of $39,684, including tax and delivery. o Fourteen (14) Desert Museum Palo Verde and eight (8) Phoenix Thornless South American Mes quite trees from Macias Nursey at $9,007, including tax and delivery, quote attached.
o PVC pipe, valves, steel band/edge, landscape fabric and related landscaping materials in the estimated amount of $27,500.

Lighting:

To be consistent with lighting surro unding the Project and the basic electrical needs related to the work, the following is requested to be authorized:

• Purchase of the eight (8) light poles and related lighting fixture accessories from Desert Electric Supply at $10,693, including tax and delivery, quote attached.

• Electrical labor: Light poles and light fixtures requir ing the installation of concrete bases, conduit, and wire to connect to the existing Panorama Park electrical lighting circuit. Staff secured proposal s from three (3) electrica l contractors to accomplish this work . T owers Electric was the most competitive at $30,524 includes related material, equipment , labor (prevailing wage) and tax , quote attached.

Hardscape:

The Project has specific areas that require concrete paths and pad for general and American Disabilities Act ( ADA) accessibility. These areas include the sally port entrance, the main walkway paths , and the area under the shade structure. To complete this work , the following is requested to be authorized for Concrete materials and labor: City On-Call Concrete Services provider Desert Ants Engineering at $30,832, quote attached.

City Staff and Park Amenities:

To protect our existing Panorama Park infrastructure and to have the least impact on the existing Panorama Park environs, Public Works Staff will be responsible for uncovering existing facilities, relocating existing irrigation systems, and assisting in the placement of new amenities (benches, water fountains, signage , etc.). The associated expense is estimated at $36,212.

The Project will require the purchase of dog park activity equipment, either directly or through cooperative purchasing agreements (piggyback purchasing). Staff is requesting the following authorizations:

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• Dog Park activity equipment, other acces sories and accoutrements estimated at $10,550.
• Signage related to the Project estimated at $2,000.

The Environmental Conservation Fund will be able to purchase 11 recycled plastic benches (traditional & flat options) and two (2) ADA compliant drinking fo untains that include a bottle refill station and pet fountain as eligible expenses. These eligible expenses are requested to be authorized from the Environmental Fund (246) estimated at $23,000.

A summary of the above requests for expenditures is provided below:

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SUMMARY TABLE

Category Contractor/Vendor Amount
Installation - Landscape
Material, Trees, & Irrigation
Palms Springs Tree &
Maintenance $ 59,400
Landscape Materials Southwest Boulder Supply $ 39,684 Trees Materials Macias $ 9,007
Landscape and Irrigation
Equipment
Landscape/Irrigation
Supplier $ 27,500
Light Poles and Light
Fixtures Desert Electric Supply $ 10,693
Installation - Lighting Towers Electric $ 30,524
Installation - Hardscape Desert Ants Engineering $ 30,832 Existing Park Facilities Public Works $ 36,212
Park Amenities and Signage Buy Board $ 12,550
Subtotal $ 256,402

Contingency $ 78,238
Total: $ 334,640

FISCAL IMPACT:

Funds for the purchase material and/or labor related to these additional items for the Panorama Dog Park in the amount of $ 334,640 will be funded from the Parks Improvement and Maintenance Plan Budget for the Panorama Dog Park project, account 100-500-510-511-8800-8802, totaling $610,000.

In addition, the p urchase of recycled plastic benches and the water fountain s will be funded from Environmental Conservation Fund , account 246-900-910-911-8800-8802, totaling $23,000.

ATTACHMENTS:

Palm Springs Tree - Panorama Dog Park CC
Macias Quote
Desert Electric Supply - Light Poles & Light Fixtures
Towers Electric - Proposal
Desert Ants Eng - Panorama Dog Park

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P.S Tree Service & Maintenance
31485 Avenida Juarez
Cathedral City Ca 92334
(760)321-2544
Email: [email protected]
website: palmspringstreeservice.com
January 5, 2022
City of Cathedral City
68700 Ave Lalo Guerrero
Cathedral City, Ca 92234
P.S Tree Service & Maintenance commits on doing the following:

Panorama Dog Park
Project: 4” Compacted Stabilized Decomposed Granite (8124 SF):

Includes pickup and delivery of d/g to the site and installation of d/g around new dog park.
(Labor Only at Prevailing wage) $7,500
Project: Baja Crest Rubble (3325 SF): includes pickup and delivery of Rubble to site and installation of rubble around perimeter of new dog park. (Labor Only at Prevailing wage) $10,600
Project: Landscape Filter Fabric (12x300): includes pickup and delivery of Fabric to site and installation of fabric within new dog park. (Labor Only at Prevailing wage) $6,200
Project: Steel Edging (1/8x4x16ft): includes pickup and delivery of steel Edging to site and installation of steel edging within new dog park. (Labor Only at Prevailing wage ) $5,100
Project: Qty 14 (fourteen) Cercidium X “Desert Museum” Desert Palo Verde And 8 (eight) Prosopis ‘Phoenix’thornless South America Mesquite:

Includes installation of trees. Nursery will deliver trees. City can pay for the cost of Irrigation material needed.
(Labor Only at Prevailing wage) $20,900

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Attachment: Palm Springs Tree - Panorama Dog Park CC (3096 : Authorizations Related to the Panorama Dog Park) Project: Outer Perimeter irrigation Renovation: this is modiﬁcation of Current irrigation system around the park to accommodate the new landscaping.

City to pay irrigation material needed.
( Labor Only at Prevailing wage) $9,100
Total $59,400.00
Please promptly notify us any dissatisfaction with the service to insure that work is performed as agreed. Should you have any questions or concerns, please do not hesitate to contact me.

Thank you for your business and we look forward to serving you again.

Please sign and email back as conﬁrmation of acceptance of above.

Signature of acceptance _________________________________________ Date__________________________

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Attachment: Palm Springs Tree - Panorama Dog Park CC (3096 : Authorizations Related to the Panorama Dog Park) rNvorcE
P.O. Box 595
Thousand Palms, CA 92276
-PLEASE
MAIL PAYMENT TO P.O. BOX
-
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29900 Siena DelSol
Thousand Palms, CA 92276
Coll(760) 574.7446
0tfice (760) 3435307 Fax (760) 230{875
dr,4e prus a $15 [tr haidrngftE ri! bo d&gsd r0 palt dueacconb. shourd saao. hethced h rie hands 0r a[,tlorr*r ror"ofledhn ordro. he pumh'sa'sl€fl be.eaporEihre and age6 ro pay s/ch addrdonar su|ns bratbfiot fees al1d corrt cosb, it ary.co Dmo s: flr cjai4E mnsl upon dalive,y0f dantmatliil. ,nafE rlalqiali6 begl acceM, ft cat rtb.lapotEfire fuirylfghmdingord,ntng_ any lorlioi heeol,

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Attachment: Macias Quote (3096 : Authorizations Related to the Panorama Dog Park) Quotation
QuantityType Description Unit or Lot# Unit Price Ext Price TO:

Expiration Date: 01/20/22

CITY OF CATHEDRAL CITY/PUBLIC WORK
68-700 AVENIDA LALO GUERRERO

PUBLIC WORKS
CATHEDRAL CITY, CA 92234
Page : 1 of 2
Vendor
Project Info:

Project: Panorama Park Site Ltg
Job #: 2903
Bid Date: 12/21/21
Bid Time: 02:00 PM PST
Quoter: ALFY MENDEZ
The offer of a quotation or photometrical calculations in no way represents a guarantee of ensuring compliance or certification with CEC Title 24 guidelines unless specifically noted in the quotation. Please consult a licensed electrical engineer or third-party certification organization for guidance on the specific Title 24 requirements for your particular project.

This quotation represents a complete itemized bill of material, any changes in materials or quantities will be subject to revised quote at our discretion. All material lead-times estimates will commence upon receipt of signed/approved submittals, we will not be responsible for manufacturer delays beyond our control. Custom or Made To Order products once ordered are subject to non cancellation or restocking charges which can apply at the manufacturer's discretion and standard terms.

While we strive to provide an accurate quotation based on the information presented to us at the time of BID. ***It is the responsibility of the purchaser to review and confirm the correctness of the quantities, part number, option selection, and devices in this quotation.

Unless noted otherwise, quote valid for THIRTY DAYS (30). All changes subject to our approval. Lamps & freight are included/excluded as outlined in the body of the quote and can vary per quote. 16 ALED26
8 PS4-11-15D2
Notes
From:

DESERT ELECTRIC SUPPLY
760-404-0010
83311 AVE 45, STE 102
INDIO, CA 92201
Printed By: ALFY MENDEZ
1/20/2022 7:46:18 AM

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Attachment: Desert Electric Supply - Light Poles & Light Fixtures (3096 : Authorizations Related to the Panorama Dog Park) Quotation
QuantityType Description LOT # Unit Price Ext Price
Expiration 01/20/22
Page : 2 of 2
Vendor
Panorama Park Site LtgProject:

QUOTING 15FT POLES
8 BCK-S4
8 BOLT4/11
***Sales Tax NOT Included***
Partial release of any item may affect pricing or freight allowance.

Total 10,693.08
Subtotal
Est. Tax
9,832.72
860.36
Notes
From:

DESERT ELECTRIC SUPPLY
760-404-0010
83311 AVE 45, STE 102
INDIO, CA 92201
Printed By: ALFY MENDEZ
1/20/2022 7:46:18 AM

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Attachment: Desert Electric Supply - Light Poles & Light Fixtures (3096 : Authorizations Related to the Panorama Dog Park) Quote: 386 / Date: 1/24/2022
Towers Electric C10 #997250
39249 Leopard St Ste A-105
Palm Desert, CA
92211, United States
(760) 377-0184
Prepared By:

Edgardo Torres
7603770184
[email protected]
Project: Cathedral City Panorama Dog Park
Scope of Work
Park
Part Quantity Unit Cost Total Cost
1-1/4" PVC w/ 3 #4 & 1 #6 520 ft $ 20.03 $ 10,414.31
1-1/4" PVC Elbow 20 ea $ 13.02 $ 260.35
Lighting poles, 15' high aluminum pole, anchor base,
not including concrete base
8 ea $ 211.26 $ 1,690.11
6" X 24" Trenching Per Linear Foot 520 ft $ 11.87 $ 6,174.88 Reach Forklift 1 Week Rental 1 ea $ 1,352.94 $ 1,352.94 Auger 2 days Rental 1 ea $ 1,352.94 $ 1,352.94
Concrete Base 8 ea $ 1,038.11 $ 8,304.89
-- -- $ 29,550.43
Included(+)

1.Install Lighting provided by Cathedra City

2.Trench, backfill and compact

3.Install conduit and wire

4.Install Concrete bases for new site lighting

5.Connect new site lighting to existing circuit

6.Prevailing Wage

7.All trenching done by hand
Excluded(-)

1.Title 24 Inspection

2.Arc Fault Study

3.Overtime or night work
Notes

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Attachment: Towers Electric - Proposal (3096 : Authorizations Related to the Panorama Dog Park) Quote: 386 / Date: 1/24/2022
BID GOOD FOR 30 DAYS.

Summary
Price
Labor and Adjustments $ 16,986.95
Materials $ 12,563.48
Subtotal $ 29,550.43
Taxes
Labor and Adjustments Tax $ 0.00
Materials Tax $ 973.67
Total Taxes $ 973.67
$ 30,524
Accepted By Date

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Attachment: Towers Electric - Proposal (3096 : Authorizations Related to the Panorama Dog Park)

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Attachment: Desert Ants Eng - Panorama Dog Park (3096 : Authorizations Related to the Panorama Dog Park)

Cathedral City Page 1 of 1 Printed on 2/24/2022

Staff Report

City Council

Item No. 3.G

Meeting Date: February 9, 2022
From: Chris Parman, Communicaions and Events Manager
Title: Contract for Services - Samuel Eric Davis

City Council

RECOMMENDATION:

To approve a contract for services with Samuel Eric Davis for special event fundraising.

BACKGROUND:

Since 2015, the City Council has approved a contract for services with Samuel Eric Davis to research, contact, and foster sponsorship revenue and in -kind revenue for Special Events coordinated, de signed, and/or produced by the City of Cathedral City.

Mr. Davis has done a fantastic job securing tens of thousands of dollars in sponsorship revenue for the City's signature events (Cathedral City Hot Air Balloon Festival, Snow Fest, Taste of Jalisco, a nd Cathedral City LGBT Days) as well as some of the smaller events like Halloween Spooktacular, East Palm Canyon Banner Program, and Tejano Music Fest.

DISCUSSION:

Over the past two years, Mr. Davis’ contract has been a $0 per month stipend with a 30% com mission raised. This two -year contract extension would maintain Mr. Davis’ contract to $0 per month stipend with a 30% commission of all funds raised. The commission would only be paid for events produced by the City of Cathedral and not events contracted out to third party directors in which he contracts directly with them for sponsorships.

FISCAL IMPACT:

There will be no fiscal impact on the City as only when Mr. Davis raises funds for City produced special events will the City incur a 30% fee in ass ociation with the monies raised.

ATTACHMENTS:

Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022

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RIV #4811-6859-8457 v1 1

AGREEMENT FOR SPONSORSHIP SPECIALIST SERVICES

BY AND BETWEEN

THE CITY OF CATHEDRAL CITY,
AND

SAMUEL ERIC DAVIS

This Agreement for Services (“Agreement”) is entered into as of this 1 day of July, 202 2 (“Effective Date”) by and between the City of Cathedral City, a California Charter (“City”), and Samuel Eric Davis, a Sole Proprietor (“Specialist”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, the City has sought the performance of the services defined and described particularly in Section 2 of this Agreement; and WHEREAS, the City desires to retain Specialist to research, contact and foster sponsorship revenue and in kind revenue for events coordinated, designed, or produced by the City ; and
WHEREAS, Specialist was selected through direct negotiation by the City to perform those services.

OPERATIVE PROVISIONS
NOW, THEREFORE , in consideration of the mutual promises and agreements made by the Parties and contained herein and for other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. DEFINITIONS

(a) “Event(s)” means any activity that is coordinated, designed, or produced by the City.

(b) “In Kind Sponsorships” means a sponsorship where the sponsor agrees to provide goods or services (value in kind) instead of cash as part of a sponsorship agreement.

SECTION 2. GENERAL SCOPE; ENGAGEMENT OF SPECIALIST

The City hereby engages Specialist to research, contact, and foster sponsorship revenue and in-kind revenue for Events coordinated, designed, or produced by the City.

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Attachment: Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022 (3093 : Contract for Services - Samuel Eric Davis) RIV #4811-6859-8457 v1 2

SECTION 3. SERVICE PROVIDER SCOPE OF SERVICES
(a) Scope of Services. Service Provider shall provide sponsorship specialist services as set forth in Exhibit “A” [Scope of Services]. (b) Changes to the Scope of Services. Parties may modify the Services by mutual agreement, in writing signed by the duly authorized representative of each Party.

SECTION 4. TERM OF AGREEMENT
Subject to the provisions of Section 11 "Termination" of this Agreement, the initial term of this Agreement shall be for a period of two (2) years commencing on the Effective Date first ascribed above.

SECTION 5. BILLING AND PAYMENT
(a) Invoice. Specialist shall provide an invoice to the City detailing charges for work performed within thirty (30) days after the completion of an Event and payments have been received by the City.
(b) Payment. City shall pay Specialist a fee equal to thirty percent (30%) of cash revenue raised by the Specialist for the purpose of funding Events produced by the City of Cathedral City up until June 30, 202 4. No compensation will be given for In- Kind Sponsorships.
(c) Fee Disputes. In the event the City disputes any particular item or amount on an invoice, City shall prov ide Specialist with written notice within seven (7) days of receipt of the invoice, stating the particulars of the dispute. The Parties shall mutually cooperate to resolve any such disputes in good faith and by mutual agreement. All items not in dispute shall be paid as provided for above.

SECTION 6. EXPENSES PAID BY SPECIALIST
The Specialist’s business and travel expenses are to be paid by the Specialist and not by the City.

SECTION 7. SERVICE PROVIDER REPRESENTATIONS
(a) Standard of Performance. Specialist shall perform services with the degree, skill and care observed by national firms performing the same or similar services.
(b) Compliance with Laws . Specialist shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Specialist represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and a pprovals which are legally required for Specialist to practice its profession.

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Attachment: Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022 (3093 : Contract for Services - Samuel Eric Davis) RIV #4811-6859-8457 v1 3

(c) Independent Contractor. Specialist is not to be considered an agent or employee of City for any purpose, and neither Specialist nor any employees of Service Provider are entitled to any of the benefits that City provides for City's employees. It is understood that Specialist is free to contract for similar services to be performed for other cities, persons or entities during the term of the Agreement. Specialist shall be fully responsible for all income, social security or other taxes or deductions relating to the services it performs for City.
(d) Standing of Business Entity . Specialist is a duly organized business, validly existing and in good standing in its jurisdiction of incorporation and qualified to do business in each other jurisdiction where the nature of its business makes such qualification necessary.

SECTION 8. INDEPENDENT CONTRACTOR
(a) The City and Specialist agree and represent that this Agreement is entered into with the understanding that Specialist is not an employee of the City and is intended, for all purposes, to have the status of independent contractor. (i) In the event that the City determines that a legal, judicial, or administrative determination has a material effect upon the status of Specialist as an independent contractor, the City shall have the right, with or without notice, to automatically terminate the Agreement. In the City’s sole discretion, the City may propose modification of the Agreement’s terms to permit Service Provider’s continued provision of services.
(b) Specialist is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Specialist shall at all times be under Specialist's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Specialist or any of Service Provider's officers, employees, or agents, except as set forth in this Agreement. In this regard, the parties agree that the following terms apply to this Agreement:
(i) Specialist has set and has a meaningful opportunity to negotiate the compensation for Services provided under this Agreement in Section 5. (ii) Specialist is permitted to determine the hours during which services will be provided.
(iii) Specialist is to provide all their own tools and materials (e.g. computer, cell phone, office supplies).
(iv) Specialist is customarily engaged in and holds themselves out to as available to perform the type of sponsorship specialist services described in Exhibit “A”.

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Attachment: Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022 (3093 : Contract for Services - Samuel Eric Davis) RIV #4811-6859-8457 v1 4

(v) Specialist provides services primarily at their own business premises, which are located at 67782 East Palm Canyon Drive #267, Cathedral City, California 92234.
(vi) Specialist has professional business cards, tel ephone extension, and an email address for their service area.
(vii) Specialist has a license relevant to the services described in Exhibit “A”.
(viii) Specialist possesses a business license.
(c) Specialist shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Specialist shall not incur or have the power to incur any debt, obligati on, or liability whatever against the City, or bind the City in any manner. (d) No employee benefits shall be available to Specialist in connection with the performance of this Agreement. Except for the fees paid to Specialist as provided in Section 5 of this Agreement, the City shall not pay salaries, wages, or other compensation to Specialist for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Specialist for injury or sickness arising out of performing services hereunder.
(e) Neither Specialist, nor any of Service Provider’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees.

SECTION 9. NO SET WORK HOURS
The Specialist has no set hours of work. There is no requirement that the Specialist work full time or otherwise account for work hours.

SECTION 10. INDEMNITY
To the fullest extent permitted by law, the Parties shall defend, indemnify, and hold harmless each other and their respective officers, elected officials, employees, agents, and volunteers (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury, expense and liability of every kind, nature and description (including, without limi tation, fines, penalties, incidental and consequential damages, reasonable court costs and attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by the Parties.

Neither termination of this Agreement nor completion of the services shall release the Parties from their obligat ions under this Agreement, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion.

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Attachment: Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022 (3093 : Contract for Services - Samuel Eric Davis) RIV #4811-6859-8457 v1 5

SECTION 11. TERMINATION
(a) City Termination. City may terminate this Agr eement, with or without cause, at any time by giving thirty (30) days written notice of termination to S pecialist.

Specialist shall, upon City’s direction, cease all work in progress. (b) Suspension. City may temporarily suspend this Agreement, at no additional cost to City, provided that Specialist is given written notice of temporary suspension. If City gives such notice of temporary suspension, Specialist shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this Section. (c) Service Provider Termination. Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(d) Performance of Material Obligations. If either Service Provider or City fail to perform any material obligation under this Agr eement, then, in addition to any other remedies, either Specialist , or City may terminate this Agreement immediately upon written notice.
(e) Final Invoice. Upon termination of this Agreement by either Specialist or City, all property belonging exclusively to City which is in Specialist’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed by Service Provider, as set forth in Section 5 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 of this Agreement.

SECTION 12. EFFECT OF TERMINATION
(a) Records and Executory Contracts. Upon termination of this Agreement, for any reason, all of the records in the Service Provider’s possession pertaining to the Scope of Services in Specialist’s possession shall be delivered to the City. (b) Sponsorship Specialist Services . Upon termination of this Agreement, all duties and obligations of Specialist shall cease. In no event shall City have the right to reduce or deduct any of the fees due to Specialist under the terms and conditions of this Agreement.

SECTION 13. ASSIGNMENT
Specialist shall not assign, delegate, or transfer any interest in this Agreement nor the performance of any Specialist’s obligations hereunder, without the prior w ritten consent of the City.

SECTION 14. NOTICES
All notices and other communications required or permitted to be given

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Attachment: Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022 (3093 : Contract for Services - Samuel Eric Davis) RIV #4811-6859-8457 v1 6

hereunder shall be in writing and shall be sent by: (a) certified or registered mail, postage prepaid, return receipt requested, (b) personal deliver y, or (c) a recognized overnight carrier that provides proof of delivery, and shall be addressed as follows:

City: Specialist:

City of Cathedral City
Attn: City Manager
68700 Avenida Lalo Guerrero
Cathedral City, California 92234
Samuel Eric Davis
67782 East Palm Canyon Drive #267
Cathedral City, CA 92234
Notices shall be deemed effective upon receipt or rejection only.

SECTION 15. LAW TO GOVERN; VENUE
This Agreement shall be governed by the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall take place in the Superior Court of the State of California for the County of Riverside, or if in federal court the United States District Court for the Central District of California, Eastern Division.

SECTION 16. AMENDMENT
Any amendment to this Agreement will be effective only if it is in writing signed by all Parties to this Agreement.

SECTION 17. WAIVER
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

SECTION 18. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties with respect to the matters set for th herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both Parties. [Signatures on Following Page]

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Attachment: Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022 (3093 : Contract for Services - Samuel Eric Davis) RIV #4811-6859-8457 v1 7

CITY OF CATHEDRAL CITY:

By: _______________________________
Charles P. McClendon
City Manager
Samuel Eric Davis, A Sole Proprietor
By:

Its:

Approved as to form:

BURKE, WILLIAMS & SORENSEN, LLP
By: ___
Eric S. Vail
City Attorney

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Attachment: Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022 (3093 : Contract for Services - Samuel Eric Davis) RIV #4811-6859-8457 v1 8

EXHIBIT “A”

SCOPE OF SERVICES
During the Term of this Agreement, Specialist shall provide the following services:

1. Research, review, and collect a database of potential sponsors for Events.

2. Review and provide upon request the potential sponsor database with the Communications / Events Manager prior to contact.

3. Contact potential sponsors to pitch sponsorship levels for Events produced by the City.

4. Assist in the development of collateral material promoting City produced Events.

5. Make presentations to potential sponsors consistent with City messaging.

6. Promote and generate revenue for all planned Events including but not limited to: North Pole Village/Snow Fest; Halloween Spooktacular; East Palm Canyon Banner Program; Tejano Music Festival; and any other mutually agreeable Event unknown at this time of contract.

7. Submit all potential sponsorship agreements to the Communications / Events Manager for final approval prior to effectuating any and all sponsorship payments.

8. Advise the Communications / Events Manager as to the im plementation and understanding of each sponsorship agreement orchestrated by the Specialist.

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Attachment: Agreement for Sponsorship Specialist Services - Samuel Eric Davis 2022 (3093 : Contract for Services - Samuel Eric Davis)

Cathedral City Page 1 of 2 Printed on 2/24/2022

Staff Report

City Council

Item No. 3.H

Meeting Date: February 9, 2022
From: Eugenia Torres, Human Resources Manager
Title: Ratification of Agreement Between the City of Cathedral City and the Cathedral City Police Officer's Association (CCPOA)

RECOMMENDATION:

Ratify the agreement between the City of Cathedral City ("City") and Cathedral City Police Officer's Association ("CCPOA") via the Memorandum of Understanding ("MOU") for the period of January 1, 2022, through December 31, 2024.

BACKGROUND:

The City and the Cathedral City Police Officer’s Association ( CCPOA) began negotiations over a successor Memorandum of Understanding ( MOU) on October 21, 2021, and held six (6) zoom sessions. The negotiation teams reached a full agreement for a three (3) year contract.

DISCUSSION:

The terms agreed to by the parties include the following:

1. Term – January 1, 2022, through December 31, 2024 (3-year term)

2. Compensatory Time Off – Removed mandatory cash out provision i. Employees will now be able to cash out whenever they want.

3. Salary Increase
i. No Cost-of-Living Adjustment (COLA) in year 1
ii. 3% in year 2
iii. 3% in year 3

4. One Time Payment – $15,000
i. The CCPOA proposed foregoing the COLA in year 1 for a one -time premium payment.

5. CCPOA Board Member Release Time – Increase from 100 hours /calendar year to:
i. 150 hours/calendar year 2022
ii. 125 hours/calendar year 2023
iii. 100 hours/calendar year 2024

6. Include Salary Advancement Side Letter – Advance from step 3 to step 5 to accommodate wellness pay.
i. Incorporated language memorializing agreement between the City and

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Cathedral City Page 2 of 2 Printed on 2/24/2022
CCPOA, when an employee at Range 130, Step 3 becomes eligible for a step advancement within Range 130, the employee will be advanced directly to step 5.

7. Assignment Differential – Increase from $211 to $225 per pay period i. Canine Handler
ii. Field Training Officer
iii. Gang Officer
iv. Homeless Liaison
v. Investigator, including Traffic Investigator, Narcotics, RAID, Auto Theft, Real Estate Task Force, Detective, School Resource Officer

8. Bilingual Pay – Increase from $211 to $225 per pay period

9. Vacation Leave – Increase accruals for employees with 15 years of service or more, they now accrue 8.31 hours per pay-period (216 hours/year)

10. Holidays – Exchange Admission Day for June 19 (Juneteenth) i. Combined hours of holidays and float to 144 per year

11. Educational Incentive – Increased maximum lifetime from $6,000 to $8,000 i. Health Insurance – Increase health cap effective January 1, 2023 by:
• Single = $50/mo.
• Single + 1 = $100/mo.
• Family = $200/mo.

12. Officer Killed in the Line of Duty – Clarified survivor benefit language

FISCAL IMPACT:

The proposed package will not require a budget amendment for the FY 2021-22 or FY2022-23 budget.

ATTACHMENTS:

CCPOA MOU - January 1, 2022 - December 31, 2024_Final.docx

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CITY OF CATHEDRAL CITY

MEMORANDUM OF

UNDERSTANDING

CATHEDRAL CITY
POLICE OFFICER’S ASSOCIATION
(CCPOA)
JANUARY 1, 2022 - DECEMBER 31, 2024
DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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Attachment: CCPOA MOU - January 1, 2022 - December 31, 2024_Final.docx (3065 : RATIFY AGREEMENT BETWEEN CITY AND POLICE CCPO A MO U Ja nuary 1, 202 2 – Decemb er 31, 202 4 1 | P a g e

Table of Contents
ARTICLE 1: RELATIONSHIP WITH PERSONNEL RULES ................................................................................... 4 ARTICLE 2: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION .......... 4 ARTICLE 3: SEVERABILITY ............................................................................................................................ 5 ARTICLE 4: STRIKES AND/OR JOB ACTIONS .................................................................................................. 5 ARTICLE 5: COMPENSATORY TIME OFF ....................................................................................................... 5 ARTICLE 6: TERM .......................................................................................................................................... 6 ARTICLE 7: SALARY INCREASES AND ONE-TIME PAYMENT .......................................................................... 6

7.1 Salary Increase .......................................................................................................................... 6 ARTICLE 8: GENERAL PROVISIONS ............................................................................................................... 6

8.1 Safety and Health ...................................................................................................................... 6

8.2 Employee Activities ................................................................................................................... 6

8.3 Inconsistent Employee Activities .............................................................................................. 7

8.4 POA Board Member Release Time. ........................................................................................... 7

8.5 Improper Use of City Equipment Prohibited. ........................................................................... 8

8.6 Political Activity. ........................................................................................................................ 8

8.7 Tobacco Products ...................................................................................................................... 8

8.8 Bumping Rights ......................................................................................................................... 8 ARTICLE 9: MANAGEMENT RIGHTS .............................................................................................................. 8

9.1 Exclusive Control of Certain Aspects ......................................................................................... 8

9.2 Not Subject to Grievance Procedures. ...................................................................................... 9 ARTICLE 10: COMPENSATION ...................................................................................................................... 9

10.1 Salary Advancement – Full-time Employees. ............................................................................ 9

10.2 Salary on Demotion ................................................................................................................... 9

10.3 Salary on Reinstatement ......................................................................................................... 10

10.4 Special Salary Adjustments ..................................................................................................... 10

10.5 Overtime. ................................................................................................................................ 10

10.6 Other Paid Time Off ................................................................................................................ 11

10.7 Assignment Differential .......................................................................................................... 11

10.8 Compensation for Layoff ......................................................................................................... 12

10.9 Compensation during Suspension .......................................................................................... 12

10.10 Salary on Voluntary Demotion ............................................................................................ 12

10.11 Compensation for Temporary Assignment to Higher Classification ................................... 12

10.12 Bilingual Pay. ....................................................................................................................... 13

10.13 Compensation for Vehicle Use ............................................................................................ 13 DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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Attachment: CCPOA MOU - January 1, 2022 - December 31, 2024_Final.docx (3065 : RATIFY AGREEMENT BETWEEN CITY AND POLICE CCPO A MO U Ja nuary 1, 202 2 – Decemb er 31, 202 4 2 | P a g e

10.14 Restitution ........................................................................................................................... 13

10.15 Correcting Errors in Salary Rate and Other Provisions ....................................................... 13

10.16 Court Appearance Time ...................................................................................................... 14

10.17 P.O.S.T. Certification ........................................................................................................... 14

10.18 Longevity ............................................................................................................................. 14

10.19 On-Call Pay .......................................................................................................................... 14 ARTICLE 11: PHYSICAL REQUIREMENTS .................................................................................................... 14 ARTICLE 12: PROBATION ............................................................................................................................ 15

12.1 Sworn Police Employees Probation ........................................................................................ 15

12.2 Probation on Reinstatement ................................................................................................... 15

12.3 Objective of Probationary Period ........................................................................................... 15

12.4 Satisfactory Completion of Probation Period ......................................................................... 15

12.5 Unsuccessful Probation Period ............................................................................................... 15

12.6 Probation Following Layoff ..................................................................................................... 15 ARTICLE 13: EMPLOYEE LAYOFF PROCEDURES .......................................................................................... 16

13.1 Purpose of Layoffs ................................................................................................................... 16

13.2 Abolishment of Position(s). ..................................................................................................... 16

13.3 Bargaining Unit Notification .................................................................................................... 16

13.4 Layoff Appeal .......................................................................................................................... 16 ARTICLE 14: DISCIPLINARY AND APPEALS PROCEDURES ........................................................................... 16

14.1 Standards of Conduct .............................................................................................................. 16

14.2 Improper Employee Conduct .................................................................................................. 16

14.3 Disciplinary Process ................................................................................................................. 18

14.4 Hearings, Appeals and Grievances .......................................................................................... 19 ARTICLE 15: ATTENDANCE AND LEAVES .................................................................................................... 21

15.1 Attendance at Work: Absence without Leave ....................................................................... 21

15.2 Deemed Resignation ............................................................................................................... 21

15.3 Hours of Work ......................................................................................................................... 22

15.4 Work Week and Work Schedules. ........................................................................................... 22

15.5 Leave of Absence .................................................................................................................... 23

15.6 Military Duty ........................................................................................................................... 23

15.7 Vacation Leave ........................................................................................................................ 24

15.8 Holidays ................................................................................................................................... 25

15.9 Jury Duty ................................................................................................................................. 26 DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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Attachment: CCPOA MOU - January 1, 2022 - December 31, 2024_Final.docx (3065 : RATIFY AGREEMENT BETWEEN CITY AND POLICE CCPO A MO U Ja nuary 1, 202 2 – Decemb er 31, 202 4 3 | P a g e

15.10 Bereavement Leave ............................................................................................................ 26

15.11 Family Medical Leave .......................................................................................................... 26

15.13 Sick Leave ............................................................................................................................ 26

15.14 Subpoenaed Absence – Sworn Public Safety Personnel ..................................................... 27

15.15 Unauthorized Leave ............................................................................................................ 28

15.16 Catastrophic Leave Donation .............................................................................................. 28 ARTICLE 16: GRIEVANCE PROCEDURE ........................................................................................................ 29

16.1 Matters Subject to Grievance Procedures .............................................................................. 29

16.2 Informal Grievance Procedure ................................................................................................ 29

16.3 Formal Grievance Procedure .................................................................................................. 29

16.4 Appeal Procedures .................................................................................................................. 30

16.5 Extension of Time Limitations ................................................................................................. 30

16.6 Failure to Meet Procedural Requirements ............................................................................. 30

16.7 Persons Involved in the Grievance Procedure ........................................................................ 30 ARTICLE 17: EMPLOYEE REPORTS AND RECORDS ...................................................................................... 31

17.1 Personnel File .......................................................................................................................... 31

17.2 Disclosure of Information ....................................................................................................... 31 ARTICLE 18: EDUCATION INCENTIVE .......................................................................................................... 31 ARTICLE 19: FRINGE BENEFITS ................................................................................................................... 31

19.1 Employee Health Benefits ....................................................................................................... 31

19.2 Retiree Health Benefits. .......................................................................................................... 32

19.3 Public Employees Retirement System .................................................................................... 35

19.4 Uniform/Equipment Allowance. ............................................................................................. 35

19.5 Deferred Compensation .......................................................................................................... 35

19.6 Long Term Disability Income ................................................................................................... 36

19.7 Life Insurance .......................................................................................................................... 36

19.8 Officer Killed in the Line of Duty ............................................................................................. 36

19.9 Personal Security ..................................................................................................................... 36 ARTICLE 20: SHIFT SELECTION; WORK SCHEDULING ................................................................................. 36

20.1 Alternate Work Schedule ........................................................................................................ 36

20.2 Longevity Pool ......................................................................................................................... 36 ARTICLE 21: AGREEMENT ALL INCLUSIVE .................................................................................................. 37

DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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Memorandum of Understanding between the City of Cathedral City and the Cathedral City Police Officer’s Association (CCPOA) relating to all full-time sworn police officers below the rank of Sergeant.

This Memorandum of Understanding is entered into with reference to the following facts:

The Cathedral City Police Officers Association is recognized under the provisions of the Meyers -Milias- Brown Act of the State of California as the majority representative of the following employees:

All full-time sworn police officers below the rank of Sergeant.

The Cathedral City Police Officers Association, hereinafter sometimes referred to as “CCPOA ,” and representatives of the Municipal Employee Relations Representative of the City of Cathedral City, have met and conferred in good faith on wages, hours and other terms and conditions of employment for the employees represented by CCPOA in the bargaining unit listed above, and have reached agreements which are set forth in this Memorandum of Understanding (MOU).

This Memorandum of Understanding is established in accordance with the Provisions of the Meyers - Milias-Brown Act ( Government Code Section 3500, et seq.), effective only upon ratific ation by the City Council of the City of Cathedral City.

Subject to the foregoing limitations, CCPOA and the City of Cathedral City agree as follows:

ARTICLE 1: RELATIONSHIP WITH PERSONNEL RULES

This Memorandum of Understanding (MOU) is enacted pursuant to the Meyers -Milias-Brown Act and Cathedral City Resolution Number 82-84. Any personnel rules adopted by the City shall also be applicable to the employees covered under this MOU, but in the event of any conflict between the personnel rules and this MOU, the MOU will control.

ARTICLE 2: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR

DECERTIFICATION

Full-time sworn employees of the Cathedral City Police Department at the Rank of Police Officer who are covered by this Agreement and who are members of CCPOA.

The Association will maintain records of employee authorizations for dues deductions and shall provide the City with information regarding the amount of dues deductions and the list of Association members who have authorized dues deductions. To the extent required by the Government Code, the City shall rely on the information provided by the Association and deduct those authorized Association dues.

The employee’s earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a non-pay status for an entire pay period, no deduction will be made to cover the pay period. In the case of an employee who is in a non-pay status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made.

In this circumstance, all other legal and required deductions (including health care deductions) have priority over Association dues.

CCPOA agrees to enforce this provision and to indemnify and hold harmless the City, its officers and employees from all liabilities and/or damages of any nature arising from the application of this section.

DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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This Memorandum of Understanding shall further constitute a bar to the implementation o f Section 11(A)2, of Resolution 82-84, except that the City shall accept a petition for decertification of CCPOA only during the 60th and 90th calendar days immediately prior to the expiration of this MOU.

ARTICLE 3: SEVERABILITY

It is understood and agreed by the parties that this MOU is subject to all present and future applicable Federal and State laws and regulations, and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. The parties hereto have bargained with regards to some provisions which are covered by the Fair Labor Standards Act and, to the extent that the Fair Labor Standards Act permits employers and employee groups to contract for modification of the procedures otherwise uti lized under the Fair Labor Standards Act, and to the extent that such modification is authorized by Federal law, the parties intend that this contract shall take precedence over the provisions of the Fair Labor Standards Act. If any part of this Agreement is in conflict or is found to be inconsistent with such applicable provisions of State or Federal law or regulation, or otherwise found to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended, an d the provisions of the applicable laws and regulations shall prevail; in such event, however, the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

ARTICLE 4: STRIKES AND/OR JOB ACTIONS

CCPOA, on behalf of all of its members, agrees that neither CCPOA, nor its representatives, nor members of the CCPOA, shall engage in, cause, instigate, encourage, or condone a strike or job action of any kind during the term of this Agreement.

ARTICLE 5: COMPENSATORY TIME OFF

Any employee who is a member of the bargaining unit represented by CCPOA shall be authorized to accumulate, to the extent allowed by the Fair Labor Standards Act, up to one hundred sixty (160) hours of compensatory time. The accumulation of such hours s hall be in accordance with the Fair Labor Standards Act. Compensatory time off is time that an employee has worked, placed on -call, or stand by and is banked as CTO rather than taken as paid overtime. Time that is worked by an employee where the City is reimbursed by an outside party (such as festivals) is ineligible for CTO and any such overtime worked must be paid to the employee. The City recognizes the vested nature of such accumulated hours. An employee who has accrued and requested use of compensatory time off shall be permitted to use such time off if the request is submitted to the Chief of Police or designee within a reasonab le period prior to the date(s) requested for time off. For purposes of this Article, the term “reasonable period” shall mean seven days. An employee who submits such a request less than seven days prior to the date(s) requested for time off may present a qualified replacement to work in his or her place. For purposes of this Article, the term “qualified replacement” shall mean equal rank or assignment, as appropriate. In the event an employee who submits such a request less than seven days prior to the date(s) requested for time off does not present a qualified replacement, if fewer than two employees are scheduled to be off work during the shift(s) in question, the Chief of Police or designee shall attempt to accommodate the employee’s request for time off. Upon a four (4) week prior written request by the employee, each employee may receive pay for all or any part of compensatory time accrued at the employee’s then current regular rate of pay .

DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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ARTICLE 6: TERM

The term of this Agreement shall be f rom January 1, 2022 through December 31, 2024. This Agreement shall not be re -openable for any purpose except by mutual agreement of the parties. Unless otherwise specified, the provisions and articles herein are effective as of the date of the ratificati on of this agreement.

ARTICLE 7: SALARY INCREASES AND ONE-TIME PAYMENT

7.1 Salary Increase. The City and CCPOA agreed to the following schedule of salary increases:

A. No Cost of living year 1
B. 3% effective the first full pay period following January 1, 2023 C. 3% effective the first pay period following January 1, 2024

Additionally, the City and CCPOA agree that a $15,000 one time, non-Persable bonus will be paid to members subject to the following:

 Employees who are still with the City at ratification will receive the bonus the first pay period after ratification;
 Employees who have left the City before ratification will not receive the bonus;  Employees on probation must wait to receive the bonus until after they successfully complete probation;
 Employees who are hired in 2022 will receive the bonus after they successfully complete probation
ARTICLE 8: GENERAL PROVISIONS

8.1 Safety and Health. Each employee and the City shall comply with CAL/OSHA safety laws, rules and regulations. All employees shall follow safe practices, use personal protective equipment as required, render every possible aid to safe operations, and report all unsafe conditions or practices.

Employees should avoid consuming or using any intoxicating substances at least six (6) hours prior to reporting to the scheduled work shift and at any time during the work day including lunch or dinner breaks; and employees shall not have in their possession any intoxicating substances, unless the possession of such substances is in the course of their duties. No employee shall be on duty whiled impaired for the performance of duty or under the influence of alcohol, any unlawful drug or any controlled substances, or otherwise be in violation of the department’s drug and alcohol policy.

8.2 Employee Activities. During the employee’s work day, he or she is expected to devote his or her full time in the performance of his or her assigned duties as a City employee. No employee shall engage in any outside employment, enterprise, or remunerated activity without prior notification to his or her department head or appointing power. At no time shall any such outside employment or activity be conducted on City time. No employee shall engage in any employment, outside activity or enterprise which is inconsistent, incompatible, in conflict with, or interferes with his or her ability to perform the duties, functions or responsibilities of his or her position as a City employee, nor shall he or she engage in any outside activity which will directly or indirectly DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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contribute to the lessening of his or her effectiveness as a City employee. No employee shall engage in any type of activity relating to an employee organization during such time as employee is on duty, except as expressly provided by the City Manager or designee, state and federal laws, MOU, or Council resolution.

8.3 Inconsistent Employee Activities . In making a determination as to the consistency or inconsistency of outside activities, the department head or appointing power shall consider, among other pertinent factors, whether the activity:

8.3.1 Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance or an act which the employee, if not performing such act, would be required or expected to render in the regular course of hours of his her City employment as a part of his or her duties as a City employee; or,

8.3.2 Involves conditions or factors which would be incompatible or in conflict with the duties, functions or responsibilities of the employee in his or her regular City employment; or,

8.3.3 Involves the performance of an act in other than his or her capacity as a local agency officer or employee which act may later be subject directly or indirectly to t he control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which he or she is employed; or,

8.3.4 Involves such time demands as would render performance of his or her duties as a local agency officer or employee less efficient; or,

8.3.5 Involves the use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or confidential information of one’s City office or employment; or,

8.3.6 Involves the solicitation of futur e employment with a business having business transactions with the City over which the employee has some control or influence in his or her official capacity at the time of the transaction.

8.4 POA Board Member Release Time. Up to five (5) POA Board Members, as a group, shall be afforded the following hours for the purpose of attending Union conferences, training, etc.

one hundred fifty (150) hours year 1 January 1, 2022 – December 31, 2022 one hundred fifty (150) hours year 2 January 1, 2023 – December 31, 2023 revert back to one hundred (100) hours in
year 3
January 1, 2024 – December 31, 2024 and
beyond

No Board Member may take more than 40 hours of release time in any one fiscal year. Release time is not considered time worked for the purpose es of calculating overtime. Release time has no cash value and any unused time expires at the end of the fiscal year and does not carry over into the next fiscal year. POA Board Members are required to provide reasonable advance notice to their supervisor of the need for release time. If a Board Member provides less than 72 hours’ notice to their supervisor, the Board Member will be solely responsible for obtaining coverage for his/her shift.

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8.5 Improper Use of City Equipment Prohibite d. No City -owned equipment, autos, trucks, instruments, tools, supplies, machines, badges, identification cards, electronic equipment, or other items which are the property of the City shall be used by an employee other than in the regular performance of duties, except upon prior approval of the employee’s department head or appointing power or designee duly authorized to give such approval.

8.6 Political Activity. Except as necessary to meet requirements of Federal or State law, no restrictions shall be placed on the political activities of any officer or employee of the City of Cathedral City. The City, CCPOA and all employees shall comply with the provisions of Government Code sections 3201-3209.

8.7 Tobacco Products. City employees are encouraged not to consume tobacco products as they are a proven detriment to health, safety and productivity. Tobacco use is not allowed in City buildings. Tobacco use is not permitted while on duty if prohibited by existing department rules.

Tobacco use is not permitted in City vehicles or other City equipment.

8.8 Bumping Rights. Any employee who promotes out of any position represented by the Police Officers Association within the longer of the first twelve (12) months or the successful completion of the employee’s promotional probationary period in the higher class, returns to the Association, either voluntary or disciplinary, shall have their seniority reinstated. An employee who returns to the Association, either voluntary or disciplinary, after twelve (12) months or the completion of the promotional probationary period shall have their seniority reinstated to the time they had prior to leaving the position represented by the Association.

ARTICLE 9: MANAGEMENT RIGHTS

9.1 Exclusive Control of Certain Aspects. The City of Cathedral City retains all its exclusive rights and authority under State law, and expressly and exclusively retains its management rights, which include, but are not limited to:
a. exclusive right to determine the mission of its constituent departments, commissions, boards;
b. set standards and levels of service;
c. determine the procedures and standards of selection for employment and promotions; d. direct its employees;
e. enforce those dress and grooming standards established by department policy; f. determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
g. maintain the efficiency of governmental operations;
h. determine the methods, means and numbers of kinds of personnel by which government operations are to be conducted;
i. determine the content and intent of job classifications; j. determine methods of financing;
k. determine style and/or types of City-issued wearing apparel, equipment or technology to be used;
l. determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted;
DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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m. determine and change the number of locations, re locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; n. assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice, except as limited by Article 20;
o. establish and modify productivity and performance programs and standards; p. discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with applicable law; q. establish reasonable employee performance standards including, but not limited to, quality and quantity standa rds, and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and
r. exercise complete control and discretion over its organization and the technology of performing its work.

9.2 Not Subject to Grievance Pr ocedures. The exercise by the City through its Council and management representatives of its rights shall not in any way, directly or indirectly, be subject to the grievance procedure.

ARTICLE 10: COMPENSATION

10.1 Salary Advancement – Full-time Employees.

Effective October 1, 2020, when an employee at Range 130, st ep 3 becomes eligible for a step advancement within Range 130, the employee will be advanced directly to step 5.

Advancement to a next higher merit increase step may be made after twelve (12) month intervals from the hire date or last increase in subsequent years, and for continued satisfactory service.

Advancement to the next higher merit increase step shall not be automatic. Such salary increase or denial of salary increase shall require the specific recommendation, through a performance evaluation, of the Chief of Police and the approval of the Human Resources Manager. When an employee is denied an increase, he or she may be reconsidered for such advancement at any subsequent time with an overall satisfactory performance evaluation.

Advancement to merit steps 7 and 8 may occur after two (2) years overall satisfactory service in the next preceding step in the re spective salary range. Any such advancement shall be granted only as a result of a written evaluation of continued meritorious service by the employee in the performance of the duties of his/her position.

10.2 Salary on Demotion. Any employee who is demoted may be placed at a lower step, or may be placed at a step in a lower range or may be placed at step “Y” which is equal to the employee’s current salary step. The employee’s merit review date shall not change.

An employee receiving Step “Y” shall remain in the Step “Y” until such time as the position is assigned to a salary range in which the last step is equivalent to or higher than the Step “Y”, at which time the employee shall be placed in the next highest step. Such employee shall not receive salary adjustments until such time as Step “Y” is equivalent or less than the highest merit increase step of the salary range of the employee’s position.

DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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10.3 Salary on Reinstatement. An employee who resigned in good standing may, within one (1) year of such resignation and upon recommendation of the department head and approval of the City Manager, be reinstated in a position in the class in which the employee had previously served, subject to an available budgeted position and satisfaction of statutory and departmental requirements for reinstatement. Employees who are reinstated more than 180 days after their voluntary separation must satisfy the minimum selection requirements set forth in the POST Commission Regulations §§1951-1955, which include reading and writing ability assessment, oral interview, background investigation update, medical evaluation and psychological evaluation.

Employees who are reinstated within 180 days after their voluntary separation, on the other hand, are exempt from these requirements. All reinstated employees must continue to meet the statutory requirements of Government Code sections 1029, 1031 and 10315.

Upon such reinstatement, the employee shall not receive higher than the step in the salary range the employee previously received prior to the employee’s separation. The employee shall be given a new hire date for purposes of benefits and seniority.

10.4 Special Salary Adjustments . A department head may recommend , in writing , to raise an employee’s salary step to a higher merit increase step prior to the eligibility times specified in this Article so as to recognize meritorious service, advanced educational achievements or other extraordinary attributes related to the employee’s public service. Such increased compensation is subject to the approval of the City Manager and the availability of budgeted funds. The employee’s merit review date shall change to the effective date of the special increase.

10.5 Overtime. A department head may require an employee to work beyond the employee’s regular hours of employment. If the employee works in excess of the scheduled daily shift, or is called back to work after having worked a shift, or is required to work on a scheduled day off, such employee shall be paid at one and one -half (1-1/2) times the employee’s regular rate of pay or receive compensatory time at one and one -half (1-1/2) times hours worked, at the discretion of the employee Compensatory time is addressed in Article 5. For the purpose of this section, sick leave used during the workweek shall not be counted as time worked. Vacation and compensatory time shall be counted as time worked for the purposes of calculating overtime during the 40-hour . Any other off-duty time will not count as time worked for the purpose of calculating overtime.

example: during a week 24 hrs worked, 12 Vacation, 4 sick. Also worked 5 hrs extra shift (callout, extended shift) the same week. Will get paid 24 regular, 12 vacation, 4 sick, 4 hrs Straight and 1 hr OT

10.5.1 Notice of Overtime Scheduling. The department shall post available overtime shifts/hours as soon as the availability of overtime is known . In such a case, the posted overtime will be made available and filled fir st from the ra nk of Police Officer. Officers may sign up to work the overtime shift/hours on a first -come, first -serve basis. An employee who signs up for posted overtime and then decides not to work the shift must present a qualified replacement to work in his/her place. For purposes of this section, the term ‘qualified replacement’ shall mean equal rank or assignment, as appropriate. In the event that no employee or an insufficient number of employees sign up for a posted overtime shift/hours within four (4) days prior to the scheduled overtime shift or detail, the overtime will be made available to other employees and/or assigned by the scheduling supervisor . In such a case, the department shall provide the affected DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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employee with written or actual no tice of the overtime shift/hours prior to his/her next assigned shift. This Section shall not apply to holdover and/or emergency situations.

In the case of non-posted overtime due to unforeseen circumstances (e.g., sick and call - outs, etc.), a reasonable attempt shall be made to fill the position with a qualified replacement. Following such attempt if a qualified replacement is not located, then an officer may be directed to work the overtime or a higher-ranking officer may be called to fill the overtime assignment. Following such attempt if a qualified replacement is not located, then supervision shall call in/mandate officers based on lowest to highest seniority.

10.6 Other Paid Time Off . The City Manager or Chief of Police may grant paid time off t o any City employee in unique situations where actions of the employee, over and above the call of duty, clearly merit such consideration.

10.7 Assignment Differential . Effective the first full pay period following the ratification of this Agreement, employees who are assigned to the following Special Assignments shall receive the following stipends per pay period:

Canine Handler (Canine Officer/Animal Premium) $225
Field Training Officer (Training Premium) $225
Gang Officer (Gang Detail Assignment Premium) $225
Homeless Liaison (Police Liaison Premium) $225
Investigator, Including Traffic Investigator, Narcotics, RAID, Auto Theft, Real Estate Task Force, Detective (Police Investigator Premium) $225
Motor Officer, when assigned to motor (Motorcycle Patrol Premium) $225 PACT Team (Police Liaison Premium) $225
School Resource Officer (Police Liaison Premium) $225

Special assignments are temporary in nature and shall be at the discretion of the Chief of Police.

In addition to the amount provided for above, Canine Handlers shall also receive overtime pay at the rate of one and on -half (1 ½) their regular rate of pay for the maintenance, feeding, and grooming of their Police Service Dog (PSD) during their off -duty hours. The Association and City agrees the set time for PSD maintenance, feeding and grooming shall be set at 30 minutes per day. It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA.

When assigned to motorcycle patrol, M otor Officers are required to perform all cleaning and maintenance of the motorcycle while on duty. Any additional time worked for cleaning and maintenance of the motorcycle off -duty must be approved in advanced by a supervisor. All additional time spent off-duty for cleaning and maintenance of the motorcycle shall be reported on the employee’s time card, and counted as hours worked for overtime compensation purposes.

It is the intent of the parties through the provisions of this section to fully comply wit h requirements of the FLSA.

The parties agree that, to the extent permitted by law ( -2 CCR section 571 and 2 CCR Section 571.1) special assignment pay shall be reported to CalPERS as special compensation or pensionable compensation.

DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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10.8 Compensation for Layoff. An employee, who is terminated from the classified service of the City as a result of a layoff, shall be paid for accrued vacation and accrued compensatory time. Any remaining sick leave shall be restored to an employee if the employee is reemployed within one (1) year. Should an employee be reemployed in the formerly held position, the employee shall be placed at the same salary step as when the layoff occurred. No credit shall be received toward a step increase or seniority during the period of layoff.

Employees who have attained regular status at the time of layoff and who are reemployed within a period of one (1) year shall retain their assigned merit review dates. Regular employees who are reemployed after a period of one (1) year will be assigned a new anniversary date.

10.9 Compensation during Suspension. An employee who is suspended with pay under the pre - disciplinary procedures of Article 14 shall be paid that salary the employee was entitled to prior to the suspension. An employee who is suspended without pay under the disciplinary procedures of Article 14 shall not be paid for those specific hours of suspension. Additionally, an employee suspended without pay shall not accrue sick leave, vacation, seniority and other benefits during a suspension of more than fifteen (15) working days, except that health and life insurance benefits will be maintained.

10.10 Salary on Voluntary Demotion . At the discretion of the City Manager, any employee who elects to take a voluntary demotion may be placed at a lower step, or may be placed at a step in a lower range or may be placed at Step “Y” which is equal to the employee’s current salary step.

The employee’s merit review date shall not change.

An employee receiving Step “Y” shall remai n in the Step “Y” until such time as the position is assigned to a salary range in which the highest merit increase step is equivalent to or higher than the Step “Y” at which time the employee shall be placed in the next higher merit increase step.

Such employee shall not receive salary adjustments until such time as Step “Y” is equivalent or less than the highest step of the salary range of the employee’s position.

10.11 Compensation for Temporary Assignment to Higher Classification . An employee may receive adjusted compensation of five percent (5%) of their base rate of salary for working in an assignment in a higher classification. Working at a higher classification shall mean that the employee is performing a significant part of the duties of a posit ion in a higher salary range .

Working in a higher classification shall only be available to those employees who are included on an eligibility list. Employees who are assigned to a higher classification will be eligible for the compensation under this section retroactively to the first day of the temporary assignment.

Employees may not be assigned to work in a higher classification for longer than six (6) months.

An extension of this time may be approved in writing with the concurrence of the Police Chief and the Human Resources Manager for up to an additional six (6) months, for a total term of twelve (12) months. However, when an appointment is made under this section due to a position that is vacant and is scheduled to be filled following the compl etion of a recruitment process, the temporary out-of-class assignment is limited to 960 hours in a fiscal year.

Employees who are assigned to work in a higher classification under this section will be notified that this placement is temporary, and that after the assignment, they will be returned to their regular position. At the end of the term of assignment to a higher classification, the employee will be returned to the rate of pay in the classification and step they would have achieved if they were never assigned to the out of class position.

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Employees on any form of leave time in excess of 15 consecutive calendar days shall be deemed not to be assigned to the higher classification and shall be ineligible to receive the additional compensation under t his section until the employee returns to duty and is reassigned to temporary assignment in a higher classification.

The parties agree that, to the extent permitted by law (2 CCR section 571), compensation for working at a higher assignment shall be repor ted to CalPERS as special compensation for Classic CalPERS members.

10.12 Bilingual Pay. Employees who have the ability to fluently converse in Spanish or another language designated by the Police Chief may be designated as a bilingual employee required to use their skills as part of their City employment . This designation must be made by the Chief of Police or designee and approved by the City Manager or designee in writing. Designated employees shall receive bilingual compensation of $ 225 per pay pe riod, unless or until said compensation is voluntarily eliminated by the employee . Eligible employees must successfully pass an initial assessment test to receive such compensation.

Employees on any form of leave time in excess of 30 consecutive calendar days shall be deemed not to be using their bilingual skills on a regular basis and shall be ineligible to receive bilingual pay until the employee returns to duty.

The parties agree that to the extent permitted by law (2 CCR section 571 and 2 CCR section 571.1) bilingual pay shall be reported to CalPERS as special compensation or pensionable compensation.

10.13 Compensation for Vehicle Use . Compensation for an employee’s use of his/her personal vehicle for City business shall be in accordance with the City’s Travel Expenses Policy.

10.14 Restitution. In addition to any possible discipline under the provisions of Article 14 for willful, wanton or malicious destruction of City property, the City shall have the right to seek restitution through a civil action for damages in the courts. Nothing herein shall preclude the City from pursuing its remedies through both disciplinary action, pursuant to this agreement, and court action.

10.15 Correcting Errors in Salary Rate and Other Provisions. Should an employee be advanced to a higher step in the salary range for his or her class other than for which he or she was recommended, or receive additional salary than that authorized, or accrue leaves or receive other benefits through error, such error sh all be corrected immediately following its discovery.

Reimbursement to the City by the employee for said error shall be made by one of the following methods or a combination thereof:

10.15.1 Application of accrued equivalent time off for overtime service;

10.15.2 Application of equivalent time off for overtime service earned during the time immediately following the date of the discovery of said error;

10.15.3 Application of the increase in the employee’s salary following his or her next merit or longevity merit salary increase; or

10.15.4 Any other method mutually agreed to.

Determination of which one or combination of the above methods of rei mbursement should be used shall be made by agreement of the department and the employee, subject to the approval of the City Manager. Should the employee terminate before full reimbursement to the City has DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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been made the money required to complete reimbursement shall be deducted from his or her last paycheck.

10.16 Court Appearance Time . An employee s cheduled to appear in Court during non -duty hours shall receive pay or CTO for a minimum of four (4) hours at the time and one -half for an appearance.

10.16.1 Court On-Call/Standby. Officers placed on call for court shall be paid hour -for- hour at the time and one-half rate for up to 7.5 hours.

10.16.2 Admin Per Se. , Officers scheduled to appear, by person or by phone, for an Admin Per Se Hearing during non -duty hours shall receive pay or CTO for a minimum of two (2) hours at time and one-half for an appearance.

10.17 P.O.S.T. Certification . Employees shall be compensated five percent (5%) of salary for possession of an Intermediate and/or Advanced P.O.S.T. certificate.

10.18 Longevity. The parties have agreed to a longevity pay provision for employees hired prior to January 1, 2013 which pays as follows:

10.18.1 7.5% at the beginning of the 15th year of City employment, and an additional

10.18.2 5% at the beginning of the 20th year.

Employees hired on or after January 1, 2013 are not eligible for longevity provisions described above.

10.19 On-Call Pay . Employees who are assigned to be on on -call by their supervisor for seven (7) consecutive days shall be compensated for five (5) hours of straight time at the employees’ regular rate of pay. C ompensation can be taken as either cash or Compensatory Time Off at the employee’s discretion. Should the employee actually be called to duty while on on -call status, he/she shall be paid at the rate of one and one-half (1.5) times his/her regular rate of pay for each hour worked as a result of being called back to duty, in addition to the on -call pay. On-call Pay is not included in time worked for purposes of calculating overtime.

ARTICLE 11: PHYSICAL REQUIREMENTS

The City Manager, in conjunction with the Police Chief, may require that all applicants and employees be in such physical or mental condition to perform the duties of their job and may require a medical or psychological evaluation at City’s expense at any time on a showing of good cause. No e mployee shall hold any position in a classification in which he or she cannot physically or mentally perform all the duties of the job adequately and without hazard to himself or herself or others. Within the limitations indicated, the City’s policy shall be to make such efforts as are consistent with the provisions of law to place physically disabled employees in such positions as are available in the City service where their disabilities will not substantially affect their performance of duties. The employee’s length of service, nature of past performance and the availability of openings may be considered in placing disabled employees.

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ARTICLE 12: PROBATION

12.1 Sworn Police Employees Probation. The first eighteen (18) months (or twelve (12) months for a lateral appointment) after a sworn police employee has been appointed shall be his/her probationary period. In the event of unusual circumstances, such as an illness or injury which prevents an employee from performing the regular duties of his/her position throughout the entire eighteen (18) month (or twelve (12) month for a lateral appointment) probationary period, the City Manager or designee may extend the probationary period up to an additional six (6) months. In such a case, the City Manager or designee shall notify the affected employee in writing that his/her probationary period has been extended and shall inform the employee of the reason(s) why the probationary period was extended. The probationary period for an employee under this section shall not exceed twenty-four (24) months.

12.2 Probation on Reinstatement. Except as otherwise provided in this Agreement, on accepting a reinstatement, an employee who had completed the initial probation under Section 12.1 shall serve a new probationary period of six (6) months. Reinstatements will not be permanent until the successful completion of this probationary period.

12.3 Objective of Probationary Period. The work and conduct of probationary employees shall be subject to close scrutiny and ev aluation. The probationary period shall be regarded as a part of the training and examination process and shall be used for securing the most effective adjustment of a new employee to a position. Individuals employed under City public employment programs, specially funded programs or contracts shall be subject to the probationary provisions of this Agreement should they be appointed to a position in the classified service.

12.4 Satisfactory Completion of Probation Period. If a probationary employee’s probation period has been satisfactory, and advancement to regular status is warranted, the department head shall so recommend on a Personnel Action Form together with a performance evaluation submitted to the Personnel Officer. The City Manager, upon recei pt of these documents, may authorize the end of the employee’s probationary period by the execution of a Personnel Action Form. The employee shall only then be advanced to regular status upon completion of the probationary period.

12.5 Unsuccessful Probation Period. If a probationary employee’s probation period has not been satisfactory, it shall be so stated in a Personnel Action Form. The City Manager, by signing the Personnel Action Form, may authorize the dismissal of the employee, or, if promotional probation to Police Sergeant, the return of the employee to his or her former position as Police Officer. Such dismissal shall not be regarded as disciplinary. A probationary employee may be dismissed at any time or returned to the former position at any time without cause and without the right of appeal or grievance unless otherwise required by law. Notification of dismissal or of return to the former position shall be in writing and shall be given to the probationary employee prior to the dismissal or return to the former position unless otherwise required by law.

12.6 Probation Following Layoff . Employees laid off while on probation must serve a new probationary period following reemployment.

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ARTICLE 13: EMPLOYEE LAYOFF PROCEDURES

13.1 Purpose of Layoffs. For reasons of economy, of efficiency, or in the interest or mandate of the public, reductions or curtailments of the City services may be required. Whenever, in the judgment of the City Council, it becomes necessary, the City Council may abolish any po sition or employment and the employee holding such position or employment may be laid off.

13.2 Abolishment of Position(s). When layoffs are to occur, the City Manager shall prepare a list of those positions to be abolished in each department. For each affected department, the City Manager shall assemble a list of those employees within the classification designated for a position abolishment. Such list shall be forwarded to the appropriate department head. The department head shall prepare a list est ablishing the order of employee layoffs within a classification. The department head shall determine the individual layoff ranking of each employee based upon seniority, except that canine officer assignments and undercover operations in progress shall exempt the affected employee from layoff. Following completion of undercover operations in progress, the officer so exempted shall then be subject to layoff, and the senior officer on layoff shall be reinstated. Temporary, interim and probationary employee s shall be laid off prior to the layoff of any regular employee within the same classification in the department, unless involved in undercover operations in progress.

13.3 Bargaining Unit Notification . When a layoff is to occur, the City shall notify the designated bargaining unit representative at least sixty (60) calendar days prior to the effective date of layoff.

It is understood that, during this period, bargaining unit representatives may submit recommendations regarding layoff alternatives, such as reductions in hours, freezing merit pay increases or other similar programs which will result in a reduction of the City’s labor costs.

The bargaining unit representative shall respond to the City within fifteen (15) calendar days following notice. Should the City and the bargaining unit representative not agree to an alternative to the proposed layoff within this period, the City may proceed to provide a minimum thirty (30) calendar day layoff notice to the affected employees.

13.4 Layoff Appeal . A regular employee shall have the right to request an appeal hearing. Such request must be made in writing to the City Manager within five (5) working days after receipt of a layoff notice. The City Manager shall prepare and deliver a decision on the app eal within five (5) working days after receipt of the appeal.

The scope of the appeal shall not include such issues as the need for layoff, the reasons for layoff, the extent of layoff, the classifications selected for layoff, or the exercise of other City prerogatives involved in layoff. The issues of such appeal shall be limited only to whether or not there was substantial compliance with the procedures for layoffs and the established order of departmental layoff within a classification.

ARTICLE 14: DISCIPLINARY AND APPEALS PROCEDURES

14.1 Standards of Conduct . It is expected that all City employees shall render the best possible service and reflect credit on the City, and therefore high standards of conduct are essential.

14.2 Improper Employee Conduct. Improper conduct may be cause for disciplinary action up to and including termination of employment. The term “improper conduct” means not only any DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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improper action by an employee in the employee’s official capacity, but also conduct by an employee not connected with the employee’s official duties that affects the employee’s ability to perform official duties, and any improper use of the position as an employee for personal advantage. In addition, improper conduct includes, but is not limited to, violation of the law and/or any City or Department rule, policy, or procedure, in addition to the following.

14.2.1 Tardiness.

14.2.2 Failure to observe precautions for personal safety, posted rules, signs, safety instructions, or to use protective clothing or equipment.

14.2.3 Careless workmanship resulting in waste of materials.

14.2.4 Unsatisfactory work performance.

14.2.5 Abuse of sick leave privileges, e.g., failure to present adequate documentation of illness when required by the City Manager or respective department head, use of sick leave for unauthorized purposes.

14.2.6 Failure or delay in carrying out orders, work assignments, or instructions of superiors; inattention to, or dereliction of duty, including loafing or wasting time.

14.2.7 Acceptance of gifts from parties doing business with the City.

14.2.8 Unauthorized sleeping while on duty.

14.2.9 Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on another; engaging in dangerous horseplay.

14.2.10 Being on duty under the influence of a chemical or intoxicant or reporting for duty while so influenced.

14.2.11 Chemical or alcohol abuse affecting work performance.

14.2.12 Loss or destruction of City property or the property of others, through carelessness.

14.2.13 Political activity in violation of the law.

14.2.14 Unexcused absence from duty.

14.2.15 Reckless driving on City premises or reckless operation of City vehicle.

14.2.16 Gambling or promotion of gambling on City premises while on duty.

14.2.17 Endangering the safety of or causing injury to any employee, including him or herself.

14.2.18 Unauthorized disclosure of confidential information as defined by law or by written directive of the City or respective department.

14.2.19 Treating any city official, officer or employee, or any member of the public, in a disrespectful, rude, insulting, abusive or demeaning manner while in the performance of duties, or related thereto.

14.2.20 Unauthorized use of City vehicles or equipment.

14.2.21 Covering up or attempting to conceal defective work, removing or destroying same without permission.

14.2.22 Knowingly making a falsification, misstatement or concealment of material fact in connection with employment, promotion, any record, investigation , or other proper proceeding.

14.2.23 Making false or unfounded statements which are derogatory, slanderous or defamatory about other employees or officials.

14.2.24 Willful damage to City property or to the property of others.

14.2.25 Making a false confession.

14.2.26 Any on-duty violation of federal, state or local laws or any off -duty violation of law which might bring discredit to the City.

14.2.27 Failure to adhere to this adopted Memorandum of Understanding or to other City or departmental rules, policies or procedures.

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14.2.28 Sexual harassment or other unlawful discrimination.

14.2.29 Willful violation of City or Departmental policies and procedures regarding media contact.

14.3 Disciplinary Process: The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to remedy any violations of law and/or City or Department rule, policy, or procedures . The City will verbally counsel an employee when circumstances warrant it, prior to taking any formal disciplinary action. This gives the supervisor an opportunity to communicate in a non-disciplinary fashion that a problem is perceived and that the supervisor is available to help solve it.

Discipline may be initiated for various reasons, including, but not limited to, violations of law and/or any City or Department rule, policy, or procedure ; insubordination; or poor job performance. The severity of the action depends on the nature of the offense and an employee’s record, and may range from verbal counseling to immediate dismissal.

The disciplinary process outlined below has been established to provide general guidelines for a fair method for disciplining employees. Disciplinary actions imposed under this article shall be in accordance with section 3300-3311 of the California Government Code.

14.3.1 Normal progressive discipline sequence:

A. Verbal Reprimand: To communicate to the employee that a repeat action may result in more serious disciplinary action. (Not appealable)

B. Written Reprimand: A written communication to the employee that the same or related offense has been committed. A copy of this warning is given to the employee and one copy is filed in the employee’s personnel file. Written reprimands may be appealed to the Chief of Police within ten (10) calendar days. The decision of the Chief of Police shall be final. In addition, the employee may submit a written response within thirty (30) calendar days. The employee’s response will be attached to the written reprimand.

C. Suspension: Temporary removal of an employee from his/her duties without pay for misconduct. Employees may be suspended on the spot by their immediate supervisor when there is a clear threat to the safety of other employees or the public. (Managers must notify the Human Resources Manager when instituting an on -the-spot suspension as soon as it is practical.)

D. Demotion: This step involves either the reduction in pay step or reduction in class.

E. Dismissal: The final step in the disciplinary process.

14.3.2 Disciplinary Procedure: Although one or more of these steps may be taken in connection with a particular employee, no formal order or system is necessary. The City reserves the right to deviate from this sequence when it feels that circumstances are so severe that such a deviation is warranted. The City Manager or designee is vested with the authority to determine the appropriate course of action.

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Further steps in the discipline involving suspension, demotion or dismissal should not be taken without consulting the department head and the Human Resources Manager.

A. Suspension, Demotion, Dismissal. Subject to the Hearings and Appeals Procedures specified in Section 14.4, the City may:

Impose a suspension without pay upon an employee when, in his/her judgment, such action will best serve the interests of the City. Such suspension shall, however, not exceed a period of thirty (30) working days except that if the suspension is imposed because of an employee’s trial by a court of law, the suspension may extend to such time as that court has rendered its decision.

B. Suspension without Pay. Suspensions shall occur only after the notice procedures specified in Section 14.4.1 and shall be subject to appeal in accordance with Section

14.4.2. C. Demote a regular employee to a position in a lower class with an appropriate reduction in pay or a reduction in pay step, for reasons including, but not limited to, unsatisfactory performance.

D. Dismiss for cause any regular employee.

14.4 Hearings, Appeals and Grievances. Only discipline involving suspension, demotion or dismissal is subject to an appeal as outlined below.

14.4.1 Pre-Discipline Meeting Procedures.

Prior to undertaking the personnel actions set forth in Section 14, the department head or designee shall first provide the employee with a written specification of reasons for the proposed action and all documents relied on to support the action being taken. The statement shall either be delivered personally to the employee or sent by Certified Mail, Return Receipt Requested, and shall notify the employee of his/her right to request a meeting with the department head. The employee may, accordingly, request a meeting to determine if there is cause for the proposed personnel action. A request for a meeting must be in writing and must be delivered to the department head on or before five (5) working days after the employee’s receipt of notice of intended action.

Upon receipt of the Request for Meeting, the department head shall notify the employee of the time and place for a meeting to be held not later than ten (10) working days after receipt of the request therefore. The employee shall be entitled to be present at such meeting together with an attorney and/or designated representative. The meeting is to be conducted by the department head or designee and shall provide the employee with the opportunity to refute, explain, or otherwise address the proposed statem ent of charges. All decisions of the department head or designee shall be rendered within ten (10) working days after conclusion of the meeting, and shall be final unless timely appealed by the employee as provided in the section 14.4.2.

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14.4.2 Appeals Procedures.

Any employee subjected to any disciplinary action set forth herein (suspension, demotion or dismissal) may appeal any decision of the department head or designee by filing a written Notice of Appeal with the City Manager or designee wi thin five (5) working days after they have signed for and received their copy of the decision. The employee’s appeal shall be heard by an impartial hearing officer selected in a manner mutually agreeable to the City Manager and the employee; if no agreement is reached the hearing officer shall be selected from a list of advisory arbitrators from the California State Mediation Conciliation Service or from a list agreed to between the City Manager and the employee.

This will occur at a selection meeting, to be set by the Human Resources Manager or his/her representative.

The hearing officer selection must occur within ten (10) working days receipt of the appeal, unless otherwise agreed to by the parties. If the employee does not attend the hearing officer selection meeting, they must contact the Human Resources officer within five (5) working days and provide written good cause for missing the meeting. If no good cause is found or the employee does not contact Human Resources, the City will deem the appeal to have been waived.

A. Representation. The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney.

B. Hearing. The Hearing Officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party. The hearing shall be recorded by a certified shorthand reporter.

C. Evidence. Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her.

At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admiss ion of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are not or hereafter may be reco gnized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

D. Expenses. The expenses for the hearing officer shall be borne equally by the City and the Union, and each party shall be responsible for expenses they incur. Expenses for such recording services shall be borne equally by the City and CCPOA, provided, however, that each party shall be responsible for any specialized or extraordinary DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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services they might individually request. The parties may instead by agreement record the hearing electronically.

E. Hearing Officer Findings . After the close of the hearing the Hearing Officer shall prepare written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall pre sent his/her findings to the City Manager and the employee within thirty (30) calendar days. In rendering an award, the Hearing Officer shall be limited to the express terms of this document and shall not have the power to modify, amend or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same.

F. Final Decision. The City Manager or designee mutually agreeable to the City Manager and the employee shall review the Hearing Officer’s recommendation, but shall not be bound thereby. If the City Manager or, if appropriate, the designee decides not to follow the Hearing Officer’s recommendation, he or she shall notify the employee in writing regarding this determination. Such notice shall be sent to the employee not later than sixty (60) days after the City Manager’s or, if appropriate, the designee’s receipt of the Hearing Officer’s recommendation. If the City M anager or, if appropriate, the designee fails to notify the employee of his or her determination within this sixty (60) day period, the Hearing Officer’s recommended decision shall be final and binding, subject only to review by the courts under the procedures set forth in California Code of Civil Procedure section 1094.5. Otherwise, the City Manager’s or, if appropriate, the designee’s decision shall be final and binding, subject only to review by the courts under the procedures set forth in California Code of Civil Procedure section 1094.5.

ARTICLE 15: ATTENDANCE AND LEAVES

15.1 Attendance at Work: Absence without Leave. Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported to the City Manager and the Finance Director in the form and on the dates they shall specify. Failure on the part of an employee, absent without leave, to return to duty within forty-eight (48) hours after a due notice to return to work has been delivered shall be cause for immediate dismissal. A certified letter delivered by U.S. mail to the employee’s last known address shall be reasonable notice, without regard to whethe r delivery is accepted; a letter by ordinary mail, first class postage prepaid thereon, shall likewise constitute reasonable notice.

15.2 Deemed Resignation . Absence without leave, whether voluntary or involuntary, for five (5) consecutive scheduled working shifts, is a deemed resignation from City employment, as of the last date on which the employee worked. Any employee who fails to report for work within seventy-two (72) hours after delivery of a notice as specified in Section 15.1, or who by the expiration of the seventy -two (72) hours has missed or will have missed five (5) or more consecutive scheduled working shifts, shall also be deemed to have resigned from City employment, as of the last date on which the employee worked. Upon a determination by the DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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department head or Personnel Officer that such an absence has occurred, and that the employee has resigned, notice of the deemed resignation and of the employee’s right to request reinstatement for good cause upon timely request therefor, shall be sen t by ordinary first class mail, postage prepaid thereon, or by certified mail, or both, to the employee at his or her last known address. An employee who has been deemed to have resigned in accordance with the terms of this Section shall have fifteen (15) days after the date of mailing of such notice within which to request reinstatement. Any request for reinstatement must be made in writing and must be received by the City within fifteen (15) days of the date of mailing of the notice. Request for reinstatement may be made within ninety (90) days after the effective date of the deemed resignation if the notice specified above was not sent to the employee in the manner specified in this Section. Reinstatement shall be granted only if the employee makes a satisfactory explanation to the department head as to the cause of his or her absence and as to the reason for his or her failure to obtain leave therefor. Evidence that the employee reasonably believed leave had been granted shall justify reinstatement. The department head, to order reinstatement, shall find that the employee is ready, able and willing to resume the discharge of the duties of the employee’s former position or, if not then able to immediately resume such duties, the department head may consent to a leave of absence to commence upon reinstatement. An employee so reinstated shall not be paid salary for the period of his or her absence or separation or any portion thereof. Denial of reinstatement shall be subject to appeal under the procedur es specified in Section 14.4. In determining the employee’s rights under all the circumstances, the City Manager or hearing officer shall be guided by Government Code Section 19996.2 and case law related thereto, including Phillips v. California State Personnel Board (1986) 184 Cal. App. 3d 651, 229 Cal. Rptr. 502, and in such appeal the City shall have the burden to establish that the absence was in fact unauthorized and that the department head reasonably believed the employee had abandoned his or her employment.

15.3 Hours of Work . Daily hours of work (or shifts) for employees within departments shall be assigned by department heads as required to meet the operational requirements of said department. Any foreseeable absence or deviation from regular ly scheduled working hours desired by an employee shall, in advance be cleared through the employee’s department head, and such absences shall be noted on the employee’s time sheet.

15.4 Work Week and Work Schedules. Effective the first full pay period following the ratification of this Agreement, employees will be assigned to one of four work schedules. All four work schedules will consist of seven consecutive 24-hour work periods.

15.4.1 5/40 Work Schedule . Employees in the position(s) of School Resource Officer are generally assigned to a 5/40 work schedule in which employees work five 8 -hour shifts each week. The workweek for employees assigned to a 5/40 schedule is defined as seven consecutive 24-hour periods beginning at 12:01 a.m. Sunday and ending at midnight the following Saturday.

15.4.2 4/10 Work Schedule. Employees in the position(s) of Detective are generally assigned to a 4/10 work schedule in which employees work four 10 -hour shifts each week. The workweek for employees assigned to a 4/10 schedule is defined as seven consecutive 24- hour periods beginning at 12:01 a.m. Sunday and ending at midnight the following Saturday.

15.4.3. 3/12 Work Schedule. Employees in the position(s) of Patrol are generally assigned to a 3/12 work schedule in which employees work three consecutive 12 -hour shifts each DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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week. One additional 8-hour shift is worked on the same day every other week, with that same day taken as a regularly scheduled day off on the alternating weeks (the “Flex Day”).

In order for a n employee to work no more than 40 regularly -scheduled hours per workweek under a 3/12 schedule, the employer must designate the workweek as beginning exactly four hours into an employee’s Flex Day. For example, assuming an employee’s Flex Day is Thursday, his/her workweek would be as follows:

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Off 12 12 12 4/end
4/start
Off Off Off 12 12 12 Off Off Off
Off 12 12 12 4/end
4/start
Off Off Off 12 12 12 Off Off Off

15.5 Leave of Absence. The City Manager, with the concurrence of the affected department head, may grant a regular employee a leave of absence for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee setting forth the reason for the request. Approval shall be in writing.

Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted, subject to the conditions of the leave or as provided by State and/or Federal laws. Fa ilure on the part of an employee on leave to report promptly at its expiration shall be cause for dismissal. The depositing in the U.S. mail of a certified letter, addressed to the employee’s last known place of address shall be reasonable notice of dismissal for failure to return to work.

Such a leave shall generally be without pay, provided that the City Manager shall have discretion to grant pay for the first fifteen (15) consecutive work days. Any employee on an approved leave of absence shall receive no vacation benefits and no sick leave after fifteen (15) consecutive work days. City contributions to retirement, health and medical plans shall be suspended until the employee is reinstated. An employee who is on leave of absence shall be responsible for reimbursing any agency for any payroll deductions that the employee has authorized. An employee reinstated after a leave of absence shall receive the same step in the salary range the employee received when the leave of absence began. Time spent on su ch leave shall not count towards service for increases within the salary range or benefit accruals. The employee’s anniversary shall be set forward in time one (1) month for each thirty (30) consecutive calendar days taken. The employee shall retain accumulated vacation credits, sick leave credits, and other similar credits; however, such credits or seniority shall not accrue to a person granted such leave during the period of absence. When an employee is granted a leave of absence without pay, the City shall discontinue payment of medical, health and other similar insurance premiums for the employee and dependents. At the time the employee requests a leave of absence, the employee may pre-pay the insurance premiums by depositing funds with the Finance De partment prior to the expiration of coverage, provided that such a continuation of coverage is authorized by the City’s contract for medical insurance.

15.6 Military Duty. Military leave of absence shall be granted in accordance with the Military and Veterans Code and USERRA.

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15.7 Vacation Leave.

15.7.1 Vacations. All employees shall accrue vacation credits according to the following schedule:

Hrs./Pay Period Year
Less than 2 years employment 3.69 96
2 years to 6 years 4.62 120
6 to 10 years 5.54 144
10 to 15 years 6.46 168
15 Years or more 8.31 216

15.7.2 Vacation Accumulation; Cashing Out Option. Employees are encouraged to use their accrued vacation time annually. Earned vacation credits shall be accumulated.

Employees may, however, carry over unused vacation credits to succeeding calendar years. Except upon written approval by the City Manag er, accumulated vacation credits shall not exceed the employee’s two (2) year maximum rate of accrual. Accumulated vacation time which exceeds the two (2) year accrual maximum, and is not carried by approval, must be paid out as time worked, in accordance with Section 15.7.3.

Upon a four (4) week prior written request, one (1) time per calendar year, each employee may receive pay for unused vacation time; provided, however, that a minimum of at least once in the preceding twelve (12) months, forty (40) ho urs of vacation time or vacation time combined with comp leave is taken off in a block which guarantees a minimum of one (1) full work week off at one time. The City Manager may waive this condition if he or she is satisfied adequate vacation will be taken in the immediate future.

15.7.3 Annual Review of Accumulation : In November of each year, the City shall review each employee’s vacation accumulation. The City shall pay employees for those accrued hours in excess of the two (2) year accrual maximum set forth in section 15.7.2 above and adjust the affected employees’ vacation accumulation back to the two (2) year accrual maximum set forth in section 15.7.2 above.

15.7.4 Illness within Vacation Period. Illness during a vacation period shall not be considered as sick leave, unless confirmed by a physician’s statement and approved by the City Manager.

15.7.5 Vacation Credits When Employment Terminates. Upon termination of employment, an employee shall be paid for unused vacation credits.

15.7.6 Effect of Absence on Vacation Crediting. Absence due to sick leave or other approved leave of absence will not affect computations for vacation credits unless such absences exceed one (1) month, in which case the time over said absence (unless such absence is for vacation being used) shall be excluded from computation.

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15.8 Holidays. The following holidays are observed by the City:

1. January 1 (New Year’s Day)

2. Third Monday in January (Dr. Martin Luther King, Jr. Day)

3. Third Monday in February (President’s Day)

4. Last Monday in May (Memorial Day)

5. June 19 (Juneteenth)

6. July 4 (Independence Day)

7. First Monday in September (Labor Day)

8. November 11 (Veterans Day)

9. Fourth Thursday in November (Thanksgiving Day)

10. Friday following Thanksgiving Day

11. December 25 (Christmas Day)

12. Any day declared to be a holiday by proclamation of the Mayor.

FLOAT: In addition, employees shall be credited with one floating holiday (equivalent to their shift) credited on January 1 to bring the total combined hours of the above holidays and float hours to 144 per year for all employees.

15.8.1 Holidays - Extra Pay - Generally. The City shall pay the yearly allotment of holidays as additional pay each pay period. The yearly holiday allotment shall be divided by the number of pay periods in the year and the resulting average number of hours shall be added to the employees pay. The Association and the City agrees that, in accordance with the December 16, 2019 Department of Labor, Wage and Hour Division’s Final Rule on the Regular Rate Under the Fair Labor Standards Act, 29 CFR Parts 548 and 778, holiday extra pay is not required to be included in the employee’s regular rate of pay.

15.8.2 The Association and the City further agree that if any member of the CCPOA or the CCPOA bring a claim against the City alleging that the holiday extra pay in Section 1 5.8.1 should be included in the regular rate of pay, then Section 1 5.8.1 and all of its contents shall immediately be void and shall have no effect and the City shall not be obligated to provide holiday extra pay in accordance with 1 5.8.1. Instead, the following language will immediately replace it:

“Holidays – Extra Pay for Working on a Holiday. Employees required to work on a holiday by a supervisor in order to maintain the City services shall be paid their regular straight time pay, plus extra compensation of time and one half at the employees’ regular rate of pay for the hours worked on the holiday (therefore, total compensation for an employee working on a holiday will be 2.5 times the employee’s regular rate of pay).

Holiday Bank – When a holiday falls on an employee’s regularly scheduled day off, the employee will accrue 12 hours in their Holiday Bank. Employees will have the option of using these hours throughout the year or cashing out all hours by July 1 of each year.

These hours shall be reported to CalPERS in accordance with CalPERS rules and requirements.

Floating Holidays - Employees shall be credited with one (1) Floating Holidays per year.

Employees will have the option of using these hours throughout the year or cashing out all hours by July 1 of each year.

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15.9 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of the Summons to the Chief of Police. The employee may be absent from duty with pay for time required to be away from the employee’s regularly scheduled work hours. An employ ee who is released by the court from jury duty on any regularly scheduled work day shall return to work to complete any remaining portion of regularly scheduled work hours unless otherwise excused by the Chief of Police. The employee shall be entitled to retain juror fees as reimbursement for expenses associated with jury duty.

15.10 Bereavement Leave. Bereavement leave with pay, not to exceed three (3) days per year, shall be granted to full-time employees at the discretion of the Chief of Police. If the employee needs additional time off due to the death of a member of the employee’s immediate family, said time off shall be taken from the employee’s accrued banks, in the following order (a leave bank must be exhausted before drawing from a subordinate bank): sick leave, vacation, compensatory time off. Leave shall be based on demonstrated need and shall be limited to death within the immediate family. The immediate family is defined as spouse/domestic partner, the employee’s or spouse’s/domestic partner’s mother, father, brother, sister, children (including natural, step, and adopted children) , grandparents, and legal guardians , or any in -law bearing one of those relationships to the employee’s spouse/domestic partner. . (Domestic Partnership as defined by State law.)

15.11 Family Medical Leave. Family-related medical leave shall be granted in accordance with Federal and State law, and resulting administrative provisions developed by the City.

15.13 Sick Leave. An employee may use accrued sick leave for illness of the employee or physical incapacity of the employee due to illness or injury, or for physical examinations, including eyes, dentist appointments or other commonly accepted health related matters.

All regular full -time employees shall be cre dited with 3.69 hours of sick leave per pay period prorated based on hire date/separation date. An employee who is absent because of illness may be required to file a written statement from his or her physician indicating the medical need and anticipated duration of the absence which then must have the approval of the Chief of Police before the employee is eligible to receive sick leave pay. If an absence because of illness or disability extends beyond three (3) consecutive workdays or the employee has us ed more than four (4) sick days in a calendar year, the employee may be required to submit a physician’s written certification verifying the need for and extent of sick leave required for the absence before the employee is eligible to receive sick leave pay.

An employee may be required to take physical examinations at periodic intervals while on sick leave from a physician designated and paid for by the City.

In the event that an employee uses all the sick leave he or she has accrued, he or she then shall have the vacation and comp hours he or she has accrued deducted for each day he or she is absent due to illness. Vacation /comp hours shall continue to be deducted until the employee either returns to work or all of accrued hours are used. The employee m ay apply to receive a leave of absence without pay if the employee does not have any credited vacation, comp or sick hours.

15.13.1 Sick Leave Accrued Limit and Payoff for Employees hired prior to January 1, 2013 . Any unused portion of accumulated sick leave may be carried over into the next calendar year; provided however, an employee’s accumulated sick leave may not exceed nine hundred sixty (960) hours unused sick leave; further accumulation shall not be allowed. However, DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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to encourage attendance at work and discourage the frivolous use of excess sick leave, employees with continuous employment of five (5) years or more may receive a payment in cash of 25% of unused sick leave when they resign or retire.

Employees with continuous employment over nine (9) years may receive in cash 50% of the unused sick leave when they resign or retire. This compensation in cash shall be at straight time rate.

Upon four (4) weeks advance notice, one (1) time in any fiscal year, an employee is entitled upon request to payment for accumulated sick leave in excess of three hundred eighty (380) hours; payment shall be at base salary rate.

Employees may convert remaining accrued sick leave to CalPERS service credit upon retirement.

15.13.2 Sick Leave Accru al for Employees hired on or after January 1, 2013 . Employees may accrue sick leave without limit, but may not cash out unused sick leave. Instead , to encourage attendance at work and discourage the frivolous use of sick leave, employees may convert accrued sick leave to CalPERS service credit upon retirement.

15.13.3 Effect of Absence on Sick Leave. Absence due to sick leave or other approved leave of absence will not affect computations of sick leave unless such absenc e exceeds one (1) month, in which case the time over, shall be excluded from computation.

15.13.4 Family Illness Leave. If an employee requests to be absent from duty because of illness in the employee’s immediate family, which requires the employee’s attendance, the Chief of Police may approve use of the employee’s accrued sick leave not to exceed the equivalent of one-half of the employee’s annual sick leave accrual amount (i.e., 48 hours), per the Fair Labor Standards Act. The immediate family is defi ned as spouse/registered domestic partner, the employee’s or spouse’s/registered domestic partner’s mother, father, brother, sister, children, grandparents and legal guardians to the extent required by Labor Code section 233. (Domestic partnership as defined by State law.)

15.14 Subpoenaed Absence – Sworn Public Safety Personnel. City Public Safety Personnel who are subpoenaed (re G.C. 68097.1 -2) to attend as a witness, shall receive the salary or other compensation to which they are normally entitled from the City during the travel time to and from the place where the court or other tribunal is located and the time they are required to remain at such place pursuant to such subpoena. Travel expenses shall be reimbursed by the City for the actual, necessary and reasonable travel by complying with such subpoena.

Civil subpoenas arising out of the employee’s duties shall be respected in accordance with Government Code Section 68097, et seq. The party at whose request such a subpoena is issued for a civil case shall reimburse the City for the full cost incurred in paying the safety personnel their salary or other compensation and traveling expenses as provided for in this Section, for each day that such safety personnel is required to remain in attendance pursuant to such subpoena, as required by Government Code Section 68097, et seq. The amount of one hundred fifty dollars ($150) shall be deposited with the City, for which City shall issue a receipt prior to the issuance of a subpoena pursuant to this Section for each day.

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The City shall provide a detailed billing to the clerk of the court. If the actual expenses should later prove to be less than the amount deposited, the excess of the amount deposited shall be refunded. If the actual expenses should later prove to be more than the amount deposited, the difference shall be paid to the City by the party at whose request the subpoena is issued.

If a court continues a proceeding on its own motion, no additional deposit may be required prior to the issuance of a subpoena or the making or an order directing such safety personnel to appear on the date to which the proceeding is continued.

15.15 Unauthorized Leave. Any employee who is absent from work without approved leave shall be subject to termination. The provisions of Section 15.2 relating to automatic resignation may also apply.

15.16 Catastrophic Leave Donation. Circumstances may arise where an employee or the employee's immediate family may suffer an unforeseen, unplanned event, which may have a catastrophic effect on the employee and/or the employee's fami ly. Under such a circumstance the employee may request leave donation from fellow employees under the following procedures:

A. Employee's Own Personal Extended Illness. An employee who is suffering from a serious illness or a serious accident (excluding Workers’ Compensation claims) may be eligible for short term disability insurance and may have sick leave and vacation leave donated to cover the difference between payments received from the disability insurance company and the employees’ full salary and to cover the cost of any insurance plan provided by the City.

B. Serious Illness or Injury of a Member of the Employee's Immediate Family. An employee whose immediate family member is suffering from a serious illness or injury may have leave donated to provide him/her with time off from work to care for that family member.

Said donated leave will be used to continue the employee on payroll until said leave is exhausted.

C. Leave Donation Eligibility Procedures. The employee seeking leave donation must have exhausted all available sick leave, vacation leave and compensatory leave. The employee must submit a request for leave donation to the Human Resources office for review and approval of the City Manager or designee. The employee will be required to provi de medical documentation for the need of this leave donation.

D. Leave Donation Procedure. The donation of leave is voluntary and is irrevocable once donated. Employees wishing to donate leave will submit an authorization for transfer of leave form to the Human Resources office.

Employees may donate up to one day of accrued sick leave in excess of 96 hours in their own sick leave bank. “One day” is based on the hours of the donor’s regular shift.

Employees may also donate up to one day of accrued vacation time, based on the donor’s regular shift. Authorizations to donate leave will be date-stamped and donated leave will be deposited into the requesting employee’s sick leave bank as needed, on a “first - in/first-out” basis. Such leave can only be used for the purposes set forth in sections 15.15 A and 15.15 B above. Any donated leave not needed by the requesting employee will not be deducted from the donor’s bank.

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Donated leave will be credited to the receiving employee’s sick or vacation leave bank (in the case of family sick) , as appropriate, on an hour -for-hour basis. In no case will an employee be able to convert the donated leave to cash or be paid for any remaining balance of donated leave.

All donations will be maintained as confidential information.

ARTICLE 16: GRIEVANCE PROCEDURE

16.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee or the employee’s organization that the employee has been adversely affected due to a misinterpretation or misapplication of this Memorandum of Understanding. Disciplinary actions or the appeal of a disciplinary action are not subject to the grievance procedures of this Article.

16.2 Informal Grievance Procedure . Every effort shall be made to resolve a grievance through discussion between the employee and/or the employee’s designated representative, and the employee’s immediate supervisor within ten (10) calendar days after the occurrence, or when the employee became aware of the incident in the grievance. The employee shall be provided with a written decision no later than ten (10) calendar days after the inf ormal Grievance discussion. If, after such discussion, the employee does not feel that the grievance has been satisfactorily resolved, the employee shall have the right to present the grievance to the Division Commander as set forth in Section 16.3.1. The employee and the City shall utilize the grievance form attached to this MOU.

16.3 Formal Grievance Procedure.

16.3.1 Step 1. If the employee is not in agreement with the decision rendered in the informal grievance procedure, an employee shall have the right to present a formal grievance in writing to the Division Commander or designee (collectively referred to as “Division Commander”) within ten (10) calendar days from the date when the decision is rendered in the informal grievance procedure. In the even that no decision has been rendered in the informal procedure, the employee may proceed to the Formal Grievance Procedure no later than ten (10) calendar days after the decision was due to be rendered in the Informal Grievance Meeting The Division Commander shall meet with the employee and/or the employee’s designated representative within ten (10) calendar days after the Division Commander’s receipt of the written grievance. The Division Commander shall review the grievance and render a decision in writing and return it to the employee and/or the employee’s designated representative within ten (10) calendar days after meeting with the employee. In the event that the Division Commander position is unfilled or is otherwise unavailable, the employee may proceed directly to section 1 6.3.2 within ten (10) days from the date when the decision is rendered (or was due, if no decision i s rendered) in the informal grievance procedure.

16.3.2 Step 2. If the employee is not in agreement with the decision reached by the Division Commander, the employee shall have the right to present a formal grievance in writing to the Deputy Chief or designee (collectively referred to as “Deputy Chief”) within ten (10) calendar days from the date when the decision is delivered or was due (if no decision is issued) by the Division Commander. The Deputy Chief shall meet with the employee and/or the employee’s designated representative within ten (10) calendar days after the Deputy Chief’s receipt of the written grievance. The Deputy Chief shall review the DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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grievance and render a decision in writing and return it to the employee and/or the employee’s designated representative within ten (10) calendar days after meeting wi th the employee.

In the event that the Deputy Chief position is unfilled or is otherwise unavailable, the employee may proceed directly to section 16.4.1 within ten (10) days from the date when the decision is rendered (or was due, if no decision is rendered) in the informal grievance procedure.

16.4 Appeal Procedures.

16.4.1 Step 3. If the employee does not agree with the decision reached by the Deputy Chief, the employee may present an appeal in writing to the Police Chief within ten (10) calendar days after the employee’s receipt of the Deputy Chief’s decision. The appeal shall be signed and delivered to the Police Chief who shall set a meeting between the Police Chief and the employee and/or the employee’s representative to discuss the grievance within ten (10) working days. Within ten (10) working days from the date of the meeting, the Police Chief shall deliver a copy of the decision to the employee and/or the employee’s representative and the Deputy Chief.

16.4.2 Step 4. If the employee does not agree with the decision reached by the Police Chief, the employee may present an appeal in writing to the City Manager, or his/her designee, within ten (10) calendar days after the employee’s receipt of the Police Chief’s decision.

The appeal shall be signed and delivered to the Human Resources Manager, who shall set a meeting between the City Manager, or his/her designee, and the employee and/or the employee’s representative to discuss the grievance within ten (10) working days. Within ten (10) working days from the date of the meeting, the City Manager, or his/her designee, shall deliver a copy of the decision to the employee and/or the employee’s representative and to the Police Chief. The decision of the City Manager, or his/h er designee is final, and no further appeal may be had. Nothing in this section should be interpreted to limit the employee’s right to further administrative or judicial process outside of the City’s internal process.

16.5 Extension of Time Limitations. All time limitations mentioned in the Grievance Procedure may be extended by mutual written agreement between the City and the employee.

16.6 Failure to Meet Procedural Requirements. Failure at any step of the grievance procedure to fully comply with t he requirements of this Article shall be deemed a waiver of the employee’s and/or the employee’s representative to proceed under this Article. The failure by the City at any step of this grievance procedure to communicate the decision within the specified time limits shall be deemed a denial of the complaint and shall permit the employee to proceed to the next step in the grievance procedure.

16.7 Persons Involved in the Grievance Procedure . If a grievance regards conduct by a person who is responsible for hearing the grievance at any step in the procedure, the employee may bypass that step and submit the grievance directly to the next step. The employee should state the reason for the bypass in any written grievance.

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ARTICLE 17: EMPLOYEE REPORTS AND RECORDS

17.1 Personnel File. The Personnel Officer shall maintain a personnel file for each employee of the City. Police Officer personnel records relating to complaints, investigations, and other matters deemed confidential under Evidence Code Section 1043 shall be maintained by the Chief of Police.

Employees have the right to inspect the contents of their respective personnel files during a scheduled appointment.

17.2 Disclosure of Information . No information shall be disclosed from the personnel fi le of a current or former employee other than the employee’s job title, work location, work phone number, salary verification (with written employee authorization only) and departmental assignment, to any person other than the City Manager, City Attorney o r their designated representatives. An employee or former employee may authorize the disclosure of information from their file only when written permission is provided. Nothing herein shall preclude nor specifically deny the use of any information in Per sonnel files in any phase of a disciplinary or probationary action. Confidentiality provisions established by Penal Code Section 832.7 and Evidence Code sections 1043 and 1045 shall be respected. Nothing herein shall preclude the use of any information in an employee’s file in any phase of a disciplinary or probationary action. The City shall not be prevented from releasing other information under subpoena or under the Public Records Act when a proper request therefor is submitted, if the City Attorney a dvises that the requested information must be released.

ARTICLE 18: EDUCATION INCENTIVE

The City of Cathedral City encourages employees to further their educational goals and objectives by attending classes on their own time which are job related and of direct benefit to the City and when such costs are not reimbursed or paid for by other sources. The City shall partially reimburse the employee for actual expenses upon successful completion of the class or classes. Except with the approval of the City Manager, City vehicles will not be authorized for use for transportation to and from classes, nor will mileage allowance be provided.

The City will reimburse the employee for 80% of the incurred costs of tuition, books and fees, subject to a calendar year maximum of $4,000, and a lifetime maximum of $ 8,000. Education pursuit up to one Bachelor’s degree will be approved without proof of job relatedness. For work beyond a Bachelor’s Degree, reimbursement will be made only if job-related.

Education covered by this provision must be in a licensed public or private school or college, or from a recognized training program.

ARTICLE 19: FRINGE BENEFITS

19.1 Employee Health Benefits
Public Employees’ Medical and Hospital Care Act. The City provides health insurance benefits through the CalPERS Health Program pursuant to the Public Employees’ Medical and Hospital Care Act (PEMHCA). The City provides dental and vision benefits through plans outside of the CalPERS Health Program.

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19.1.1 PEMHCA Minimum Contribution. The City will pay the minimum employer contribution amount on a monthly basis for employees enrolled in one of the City’s PEMHCA plans, as set forth by CalPERS and pursuant to Government Code Section 22892.

19.1.2 Cafeteria Plan. The City shall offer a cafeteria plan for medical, dental, vision, and short- term disability.

19.1.3 City’s Contribution Amount. Effective July 1, 2020, the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows:

Selected Plan Maximum City Contribution
Employee Only $950
Employee plus one $1850
Family $2400

Effective January 1, 2023, the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows:

Selected Plan Maximum City Contribution
Employee Only $1000
Employee plus one $1,950
Family $2,600

An employee electing a medical plan less expensive than the City’s contribution amount may use the remaining balance to pay for dental, vision and/or short -term disability insurance premiums. Any amount remaining stays with the City. An employee electing a plan or plans that cost more than the City’s contribution amount shall be responsible for paying the difference in cost.

19.1.4 HRA Contribution – Employees Hired After July 1, 2020. For employees hired after July 1, 2020, the City shall also contribute $100.00 per month to the employee’s Health Reimbursement Arrangement (HRA) plan, and associated fixed dollar cost of administration. This HRA contribution is for employees only and shall cease upon separation from City employment.

19.2 Retiree Health Benefits.

19.2.1 Public Employees' Medical and Hospital Care Act. The City provides retirement health insurance benefits through the CalPERS Health Program pursuant to the Public Employees’ Medical and Hospital Care Act (PEMHCA). To participate, an employee must retire with CalPERS within 120 days of separation from the City, or as otherwise provided by PEMHCA requirements. Participating retirees shall comply with all applicable PEMHCA laws, regulations and rules, including but not limited to the requirement to enroll in Medicare when eligible. The City will not pay for the cost of Medicare enrollment.

19.2.2 Level 1 Retirees – Hired before January 1, 2013 . For employees hired before January 1, 2013 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 1 Retirees”), the City will pay the PEMHCA minimum contribution as set forth by CalPERS and pursuant to Government Code Section 22892. Additionally, Level 1 Retirees shall DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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have a vested right to retirement health benefits consisting of a supplemental City -paid contribution (minus the PEMHCA minimum contribution), as follows:

Effective July 1, 2020, the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows:

Selected Plan Maximum City Contribution
Employee Only $950
Employee plus one $1850
Family $2400

Effective January 1, 2023, the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows:

Selected Plan Maximum City Contribution
Employee Only $1000
Employee plus one $1,950
Family $2,600

For example, for a Level 1 Retiree enrolled in a Retiree only plan during the year 2020, the City will pay $139 per month as the PEMHCA minimum contribution, and will provide up to an additional $811 per month as the supplemental City -paid contribution directly to the retiree.

It is the intent of the parties that “vested rights” shall have the meaning as is generally associated with that term under the law. The City has agreed to grant vested rights in exchange for the Union’s agreement to establish Level 3 Retirees.

In the event that a Level 1 Retiree’s selected medical plan cost is less than the maximum City contribution for any given month, the unused value of the City’s maximum contribution for that month may be applied toward the cost of any vis ion and/or dental plan, and any remaining amounts shall be automatically forfeited. In the event that a Level 1 Retiree’s selected medical plan cost is greater than the maximum City contribution for any given month, the retiree shall be responsible for paying the resulting difference in cost.

In the event that a future action by the State and/or Federal government creates a health care program that replaces the group health insurance provided by the City, then the City’s total maximum contribution as other wise provided by this section shall not be permitted to exceed the Level 1 Retiree’s actual monthly cost, if any, of participation in such replacement health care program.

Level 1 Retirees may continue to participate in the City’s dental and/or vision plan subject to plan terms and conditions.

The City will continue the supplemental City-paid contribution upon death of the Level 1 Retiree as long as surviving spouses, domestic partners, or other dependents continue to be eligible to participate in the m edical plan subject to all applicable PEMHCA requirements and plan terms and conditions. Dental and vision plan participation shall cease upon the death of the Level 1 Retiree, but surviving spouses, domestic partners, or other dependents can continue under COBRA guidelines.

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19.2.3 Level 2 Retirees – Hired between January 1, 2013 and June 30, 2020. After five years of continuous service with the City, employees hired between January 1, 2013 and June 30, 2020 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 2 Retirees”), the City will pay the PEMHCA minimum contribution as set forth by CalPERS and pursuant to Government Code Section 22892. Additionally, Level 2 Retirees shall have a vested right to retirement health benefit s consisting of a supplemental City -paid contribution (minus the PEMHCA minimum contribution), based on their total years of service with CalPERS as follows:

Credit Years of CalPERS Service Percentage of City Contribution 5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%

The City-paid contribution will be calculated as a percentage of the following amounts:

Effective July 1, 2020, the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows:

Selected Plan Maximum City Contribution
Employee Only $950
Employee plus one $1850
Family $2400

Effective January 1, 2023, the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows:

Selected Plan Maximum City Contribution
Employee Only $1000
Employee plus one $1,950
Family $2,600

For example, for a Level 2 Retiree enrolled in a Retiree only plan during the year 2020 with 10 years of CalPERS service, the Retiree would be entitled to 50% contribution, or $475. The City will pay $139 per month as the PEMHCA minimum contribution, and will provide up to an additional $336 (50% of $475) per month as the supplemental City-paid contribution directly to the retiree.

It is the intent of the parties that “vested rights” shall have the meaning as is generally associated with that term under t he law. The City has agreed to grant vested rights in exchange for the Union’s agreement to establish Level 3 Retirees.

DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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The City will continue the supplemental City-paid contribution upon death of the Level 2 Retiree as long as surviving spouses, domestic partners, or other dependents continue to be eligible to participate in the medical plan subject to all applicable PEMHCA requirements and plan terms and conditions.

In the event that a future action by the State and/or Federal government creates a health care program that replaces the group health insurance provided by the City, then the City’s total maximum contribution as otherwise provided by this section shall not be permitted to exceed the Level 2 Retiree’s actual monthly cost, if any, of participation in such replacement health care program.

Level 2 Retirees may participate in the City’s dental and/or vision plan(s) entirely at their own expense and subject to plan terms and conditions. Dental and vision plan participation shall cease upon the death of the Level 2 Retiree, but surviving spouses, domestic partners, or other dependents can continue under COBRA guidelines.

19.4.4 Level 3 Retirees – Hired on or after July 1, 2020. For employees hired on or after July 1, 2020 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 3 Retirees”), the City will pay only the PEMHCA minimum contribution as set forth by CalPERS and pursuant t o Government Code Section 22892. There shall be no supplemental City contribution for Level 3 Retirees.

Level 3 Retirees may participate in the City’s dental and/or vision plan(s) entirely at their own expense and subject to plan terms and conditions.

19.3 Public Employees Retirement System . All regular employees of the City are automatically covered by the City’s contract with the Public Employees’ Retirement System. Membership shall commence immediately upon employment. All unit members are provided the CalPERS 1959 survivor benefit.

19.3.1 First Level – Police The Public Employees’ Retirement System (PERS) contract provides the 3%@55 retirement benefit with single highest year compensation consideration for all sworn officers of the CCPOA hired prior to January 1, 2013. Sworn members shall pay their full 9% member contribution.

19.3.2 PEPRA New Members – Police. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes a new retirementplan for employees hired on or afte r January 1, 2013. All employees hired on or after that date shall be subject to the retirement plan provided for “classic” or “new members” under PEPRA.

19.4 Uniform/Equipment Allowance. Uniform/equipment allowance shall be paid to sworn employees of the CCPOA at the rate of $ 140.00 per month for purchase, maintenance and replacement of uniforms and equipment.

19.4.1 SWAT Team Uniforms. SWAT members shall be provided with one (1) unifo rm set, not including a jacket, per year with the approval of the Cathedral City SWAT Commander.

19.5 Deferred Compensation. The City provides a deferred compensation plan for employees under which the City shall match an employee’s contribution up to $46.16 per pay period.

DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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19.6 Long Term Disability Income. Accidental Death and Dismemberment. All employees covered by this Agreement shall be included in the City’s long-term disability programs providing partial coverage for disabling injuries and illnesses non -industrial in nature (not covered by workers’ compensation), and including accidental death and dismemberment benefits. Optional short term disability insurance is available per Article 19.1.2.

19.7 Life Insurance. The City shall provide, through an insurer or on a self-insured basis, life insurance for each employee covered by this Agreement in the amount of $150,000.

19.8 Officer Killed in the Line of Duty. The City shall pay the cost equivalent to the current amount provided to active employees for medical, dental and vision insurance premiums for the eligible survivors of an officer killed in the line of duty. Such benefits shall cease for eligible survivors in accordance with CalPERS regulations or relevant plan documents.

19.9 Personal Security. An officer who is wounded or seriously injured as the result of a criminal act by another during an incident arising from or directly related to the performance of his/her law enforcement duties shall, upon the determination of the ranking officer in charge or upon reasonable request that an imminent threat exists and approval of his/her division commander, be provided with a sworn peace officer guard during his/her period o f hospitalization until such time as it is determined that a threat to the officer’s safety no longer exists.

ARTICLE 20: SHIFT SELECTION; WORK SCHEDULING

20.1 Alternate Work Schedule . An alternate work schedule, based upon a 3/12 plan, will be developed for those police individuals of the Association assigned to patrol provided that no additional costs are anticipated to be borne by the City thereby. Alternate work schedules will be developed for other police members of the Association. Operations special details will be based on a 4/10 or 9/80, but not a 5/8. The proposed twelve -hour shifts shall be scheduled as 0600 to 1800 (a.m.) and 1800 to 0600 (p.m.), with the provision that the start/end time for the a.m. shift can fluctuate within two hours and the start/end time for the p.m. shift can fluctuate within four hours, depending on operational needs. However, motorcycle patrols will remain on a 4/10 or other alternate schedule at the discretion of the Chief of Police. Lunch would be included in th e schedule except for division managers.

Investigations and K-9 will remain on a 9/80, or another alternate schedule plan if the 3/12 program for patrols is canceled.

20.2 Longevity Pool. A longevity pool shall be established which shall give experienced officers, on the basis of seniority, priority in shift selection. In order to be placed in the longevity pool an employee must have been employed by this department as a police officer for at least three (3) years.

A Field Training Officer wi ll be assigned to each shift/watch. A probationary employee may not serve as a Field Training Officer. Employees shall meet the P.O.S.T. requirements for Field Training Officers, shall have at least three (3) years law enforcement experience and shall ha ve at least eighteen (18) months patrol duty experience

Based on the operational needs of the Department, the POA agrees to support shift scheduling whereby after four (4) consecutive rotations the officers, by seniority, will select another shift DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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which is the opposite time of day. Any shift selection may be rejected for substantial performance reasons, which shall be communicated in writing to the affected employee. By definition “Shift” will be “A.M.” or “P.M.”; “A.M.” being 0600 to 1800 hours and “P.M.” being 1800 to 0600 hours.

Specialized assignments such as canine and traffic will not be part of this shift selection program.

The department will post shift assignments for sign -up thirty (30) days prior to the shift with assignments to be finalized ten (10) days prior to the shift starting. Officers not selecting shifts within the sign -up period will have shifts assigned by the Operations Division Manager. Shift rotation will be based on four (4) month tours: January -April, May -August, and Septem ber- December. Vacation scheduling will be posted based on a calendar year, “first come, first served.” Vacation/time off is typically limited to one officer off a designated team at one time, unless approved by the Division Manager or designee. Whenever possible, however, a second officer may be allowed vacation/time off a designed team. Vacation/time off for a second officer from a designed team shall be contingent upon the following criteria:

20.2.1 The City has not received a request for compensatory time off from another officer from a designated team;

20.2.2 Allowing the second officer to take vacation/time off will not reduce the number of officers on a designated team to drop below minimum staffing levels;

20.2.3 There are no compelling issues or events occurring during the second officer’s requested vacation/time off which would necessitate the second officer to work; and,

20.2.4 If the second officer submits a vacation request well in advance of the requested time off, the City will notify the second officer regarding approval or denial of the request thirty (30) days prior to the requested time off.

ARTICLE 21: AGREEMENT ALL INCLUSIVE

The parties hereto acknowledge that they have engaged in extended negotiations of any and all issues either party has desired to have included in this Memorandum of Understanding. The parties recognize that, in the give and take of bargaining, some items sought by the employer have not been agreed upon, and some items sought by the employee association have not been agreed upon. This Agreement constitutes a compromise upon which each party agrees. The parties agree that this Memorandum of Understanding is all-inclusive and that no other agreements, undertakings or understandings have been made outside of the specific terms of this Agreement relating to wages, hours or terms or conditions of employment of the employees covered by this Agreement , with the exception of duly negotiated and mutually agreed upon Letter(s) of Agreement . Except by mutual agreement, this Memorandum of Understanding is not subject to reopening for any purpose. All of the agreements of the parties are evidenced herein. The absence of reference to any topic shall be deemed as proof that no agreement was reached thereon, and any claim based thereon shall be null and void and of no effect. Each party has had every opportunity during the course of these negotiations to bring up any new or additional topics it desired to have considered as part of this Agreement, and, for the duration of t his Agreement, no additional topics shall be added thereto, except upon specific mutual agreement of the parties evidenced in writing.

DocuSign Envelope ID: 72CFA385-9DA3-4B06-9750-48369A611C31

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Pursuant to Government Code Section 3505.1, this Memorandum of Understanding has been jointly prepared by the represen tatives of the City of Cathedral City and of CCPOA who agree that it shall be presented to the City Council of the City of Cathedral City for its consideration. We recognize that this MOU is not binding unless and until it has been approved by the City Council of the City of Cathedral City.

APPROVED BY THE CITY COUNCIL

______________________________________
Ernesto Gutierrez, Mayor

Executed this _______ day of ________________, 2022.

ATTEST:

________________________________
Tracey R. Martinez, City Clerk

CITY OF CATHEDRAL CITY CATHEDRAL CITY

POLICE OFFICERS ASSOCIATION

____________________________________
Charles P. McClendon, City Manager

_______________________________________
Jesse Borrego, President

____________________________________
Eugenia Torres, Human Resources Manager

_______________________________________
Jeremy Powers, Vice President

____________________________________
AnnMarie Quintanilla, HR Specialist

_______________________________________
Jeff Blachley, Secretary

_______________________________________
Matt Buehler, Treasurer

_______________________________________
Mark Robles, Board Member

_______________________________________
Dan Anes, Sergeant at Arms

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Staff Report

City Council

Item No. 5.A

Meeting Date: February 9, 2022
From: Leila Moshref-Danesh,
Title: An Uncodified Urgency Ordinance of the City of Cathedral City, Establishing an Indefinite Stay on the Issuance of Permits for Short-Term Vacation Rentals Issued Under Chapter 5.96 of the Cathedral City Municipal Code for Residential Units Located within the R1 and R2 Zoning Districts

RECOMMENDATION:

Find that the Ordinance is Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15378 and 15378(b)(5); and

Introduce, read by title only, waive further reading, and adopt Urgency Ordinance of the City of Cathedral City, establishing an indefinite stay on the issuance of permits for Short-Term Vacation Rentals issued under Chapter 5.96 of the Cathedral City Municipal Code for residential units located within the R1 and R2 Zoning Districts.

BACKGROUND:

On March 2, 2021, Cathedral City voters approved Measure B, which upheld Ordinance No. 842, regulating short-term vacation rentals (STVRs), codified as Chapter 5.96 in the Cathedral City Municipal Code. Ordinance No. 842 regulates the number of guests, establishes noise curfews and permitting requirements for existing STVRs, and imposes a moratorium on the esta blishment of new STVRs and a phasing out of existing STVRs by January 1, 2023.

As currently codified, the Measure B moratorium does not apply to residential units within a common interest development, including homeowners’ associations, condominium owner associations and similar associations formed pursuant to the Davis-Stirling Common Interest Development Act.

Further, since the passage of Measure B, numerous residents have expressed public safety and general health and welfare concerns about adverse eff ects of STVRs in the Single-Family Residential (R1) and Multiple -Family Residential (R2) zoning districts. In addition, the City has received numerous complaints regarding excessive noise, parking, litter, disorderly conduct and concerns regarding security and public safety at STVRs in the R1 and R2 zoning districts.

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During a public STVR study session as well as during public comment for a residential tentative tract map in the R1 zone held during a regularly scheduled public meeting on January 26, 2022, t he City Council considered additional testimony from residents who expressed strong concerns regarding the potential establishment of additional STVRs in the R1 and R2 zoning districts.

After consideration, the City Council concluded that the potential es tablishment of additional STVRs in the R1 and R2 zoning districts poses a current and immediate threat to the public health, safety and welfare in the City due to negative impacts including noise, traffic, parking, trash, and crime. The City Council direct ed the City Attorney’s office to draft an urgency ordinance to stop the issuance of STVR permits in the R1 and R2 zoning districts under Chapter 5.96 of the Municipal Code.

Pursuant to Government Code sections 36934 and 36937, the City may adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, and is passed by a four -fifths vote of the City Council and includes a declaration of facts constituting the urgency. The recitals in the ordinance contain these facts, and Section 1 of the ordinance declares these facts to be findings.

DISCUSSION:

If adopted, the Ordinance will place an immediate indefinite stay on the issuance of new STVR permits within the Single Family Resident ial (R1) and Multi -Family Residential (R2) zones under Chapter 5.96 of the Municipal Code.

• The indefinite stay will apply to currently pending STVR applications in the R1 and R2 zones. The ordinance provides a mechanism for the City to provide refunds to those applicants.
• The indefinite stay will not apply to existing permitted STVRs in common interest developments within the R1 and R2 zones; however, these STVRs will not be able to renew their permits once the ordinance goes into effect. Existing permitted STVRs not located in common interest developments will still be subject to the January 1, 2023 phase out measures provided in Chapter 5.96 of the Municipal Code.
• The indefinite stay will not apply to Home Sharing as allowed under Chapter 5.96 of the Municipal Code.
• The indefinite stay will not apply to STVRs within a common interest development located in Resort Residential (RR) zoning district(s).

If adopted, this Ordinance will go into effect immediately.

ENVIRONMENTAL ANALYSIS
The Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because it places a permanent stay on the issuance of permits. 14 Cal.

Code Regs. § 15378. The Ordinance is also exempt from CEQA because it is an organizational or administrative activity of governments that will not result in direct or

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indirect physical change in the environment. 14 Cal. Code Regs. § 15378(b)(5).

ATTACHMENTS:

Urgency Ordinance Re Indefinite Stay on Issuance of STVR Permits in R1, R2

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1 ORDINANCE NO. ____

AN UNCODIFIED URGENCY ORDINANCE OF THE CITY OF

CATHEDRAL CITY , ESTABLISHING AN INDEFINITE STAY

ON THE ISSUANCE OF PERMITS FOR SHORT -TERM
VACATION RENTALS ISSUED UNDER CHAPTER 5.96 OF

THE CATHEDRAL CITY MUNICIPAL CODE FOR
RESIDENTIAL UNITS LOCATED WITH IN THE R1 AND R2

ZONING DISTRICTS
WHEREAS, on March 2, 2021, Cathedral City voters approved Measure B, which upheld Ordinance No. 842, regulating short -term vacation rentals (STVRs), codified as Chapter 5.96 in the Cathedral City Municipal Code;
WHEREAS, Ordinance No. 842 regulates the number of guests, establishes noise curfews and permitting requirements for existing STVRs, and imposes a moratorium on the establishment of new STVRs and a phasing out of ex isting STVRs by January 1, 2023;
WHEREAS, the moratorium as currently codified does not apply to residential units within a common interest development , including homeowners ’ associations, condominium owner associations and similar associations formed pursuant to the Davis- Stirling Common Interest Development Act; and
WHEREAS, since Ordinance No. 842 went into effect, numerous residents have expressed public safety and general health and welfare concerns about adverse effects of STVRs in the Single-Family Residential ( R1) and Multiple-Family Residential ( R2) zoning districts; and
WHEREAS, the City has received numerous complaints regarding excessive noise, parking, litter, disorderly conduct and concerns regarding security and public safety at STVRs in the R1 and R2 zoning districts; and
WHEREAS, the City Council desires to protect neighborhoods from nuisances and other adverse effects resulting from the operation of STVRs in the R1 and R2 zoning districts; and
WHEREAS, based on the above, the potential establishment of additional STVRs in the R1 and R2 zoning districts poses a current and immediate threat to the public health, safety and welfare in the City due to negative impacts of such lodgings; and WHEREAS, the City has received pending applications for STVR permits, and anticipates receiving more applications for such permits in the future; and WHEREAS, the California Constitution, Article XI, section 7, provides cities with the authority to enact ordinances to protect the health, safety, welfare and morals of their citizens; and

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Attachment: Urgency Ordinance Re Indefinite Stay on Issuance of STVR Permits in R1, R2 [Revision 1] (3104 : Urgency Ordinance Establishing 2 WHEREAS, the City of Cathedral City Charter, Article IV, section 400, pro vides the City with the power and authority to adopt, make, exercise and enforce all legislation, laws and regulations and to take all actions and to exercise any and all rights, powers , and privileges granted or prescribed by any law of the State of California or by any other lawful authority; and
WHEREAS, the City Council has the power under Government Code sections 36934 and 36937 to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, and is passed by a four-fifths vote of the City Council; and WHEREAS, this urgency ordinance is necessary to address the danger to public health, safety, and general welfare articulated above related to STVRs in the R1 and R2 zoning districts, and prevent hazards to public health or safety that may arise out of the future issuance of STVR permits in the R1 and R2 zoning districts; and WHEREAS, the City Council desires to adopt this ordinance as an urgency ordinance, to be effective immediately, pursuant to Government Code sections 36934 and 36937.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:

SECTION 1. Declaration of Findings Constituting Urgency a) The City of Cathedral City incorporates the recitals set forth above as findings and the City of Cathedral City hereby again makes and affirms those findings, and based thereon declares that such recitals and findings evidence facts constituting urgency as required under the law for the subject action.

b) The City of Cathedral City has established regulations for the use of privately owned residential dwellings as short-term vacation rentals (STVRs) to minimize the negative secondary e ffects of such use on surrounding residential neighborhoods.

c) Allowing proliferation of STVRs to occur in the R1 and R2 zoning districts would conflict with public health, safety and welfare needs of the community.

d) Accordingly, there is a current and immediate threat to the public health, safety, or welfare related to land uses that involve STVRs in the R1 and R2 zoning districts.

e) In order to maintain comprehensive and sound land use planning, the City seeks to potentially amend at a future date the zoning provisions of its Municipal Code , use permit requirements and other land use entitlement requirements in order to regulate STVRs and ensure their appropriate location within the City.

f) Issuing STVR permits in the R1 and R2 zoning districts before the City has had an

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Attachment: Urgency Ordinance Re Indefinite Stay on Issuance of STVR Permits in R1, R2 [Revision 1] (3104 : Urgency Ordinance Establishing 3 opportunity to update its regulations, could lead to conflicts amongst various land uses and conflicts with the City’s long term planning goals.

SECTION 2. IMPOSITION OF INDEFINITE STAY ON THE ISSUANCE OF STVR PERMITS IN THE R1 AND R2 ZONING DISTRICTS
a) In order to ensure the immediate protection of the public health, safety and welfare in accordance with Government Code sections 36934 and 36937 and based on the findings set forth above in Section 1 of this Ordinance as well as additional verbal and written information presented to the City Council, from and after the date of this Ordinance, the City shall not issue any new permits for STVRs under Chapter 5.96 of the Cathedral City Municipal Code for residential units located within the R1 and R2 zoning districts , including pending applications, until such time as the City Council repeals or otherwise modifies this Ordinance. b) This indefinite stay shall also prohibit renewals of existing STVR permits in common interest developments in the R1 and R2 zoning districts, including pending applications. This indefinite stay shall not apply to STVRs within a common interest devel opment located in the Resort Residential (RR) zoning district, or to Home Sharing as allowed under Chapter 5.96 of the Cathedral City Municipal Code, or as may otherwise be allowed by law.
c) The City shall refund , within a reasonable period after the effec tive date of this Ordinance, any application fee paid by an applicant for any currently pending STVR permit that would not be permitted after the effective date of this Ordinance. d) The indefinite stay shall become effective on the date of adoption of this Ordinance and shall remain in effect unless repealed or modified by the City Council.

SECTION 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 4. CEQA
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because it places an indefinite stay on the issuance of permits. 14 Cal. Code Regs. § 15378. The Ordinance is also exempt from CEQA because it is an organizational or administrative activity of governments that will not result in direct or indirect physical change in the environment. 14 Cal. Code Regs. § 15378(b)(5).

SECTION 5. EFFECTIVE DATE

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Attachment: Urgency Ordinance Re Indefinite Stay on Issuance of STVR Permits in R1, R2 [Revision 1] (3104 : Urgency Ordinance Establishing 4 This Ordinance shall become effective immediately upon adoption. It shall be in effect until repealed by the City Council or otherwise modified by the City Council.

SECTION 6. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).

SECTION 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City of Cathedral City City Council held on the 9th day of February, 2022, by the following vote:

Ayes:

Noes:

Absents:

Abstains:

______________________________
Ernesto M. Gutierrez, Mayor
ATTEST:
____________________________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney

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Staff Report

City Council

Item No. 5.B

Meeting Date: February 9, 2022
From: Andrew Lee,
Title: Approve Professional Service Agreement with Woodard and Curran Consulting to Provide Clean Water State Revolving Fund Program Grant Related Services Req uired to Submit a Planning Grant for the Septic to Sewer Project

City Council

RECOMMENDATION:

Authorize the City Manager to execute a Professional Service Agreement with Woodard and Curran Consulting in the amount not -to-exceed $35,380 to provide Clean Water State Revolving Fund Program grant related services required to submit a planning grant for the City’s Septic to Sewer Project.

BACKGROUND:

Septic systems are underground wastewater storage and treatment structures, typically used in rural commun ities without a centralized sewer system. Septic systems usually consist of a septic tank, piping, and a drain field . As wastewater enters the septic tank, solids will sink to the bottom and a layer of fats, greases, and oils will float to the top.

The liquid waste, known as effluent, will exit the tank through the outlet pipe which is designed to prevent most solids from entering by using a filter. The effluent will flow to a drain field and seep into the soil for complete decomposition of the waste. This will result in clean water seeping down into the groundwater and aquifer. Septic systems require consistent maintenance to ensure proper flow and adequate treatment of wastewater. Common failures include clogs and leaks, which could result into dangerous e nvironmental hazard s. Septic systems are maintained by the property owner.

Sewer systems carry wastewater from homes and businesses to wastewater treatment plants, where the wastewater is treated to remove pollutants before the effluent is returned to the environment. There are various levels of water treatment available ranging from non-potable reuse (irrigation water) to direct potable reuse (drinking water).

The Desert Water Agency (DWA) and the Coachella Valley Water District (CVWD) provide water an d sewer services to Cathedral City residents. The DWA does not

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operate a wastewater treatment plant. Instead, its wastewater collection system is connected to CVWD’s sewer system.

In the 1990s, the State Regional Water Quality Control Board (SRWQCB) bega n discussing threats to drinking water quality with cities in the region. The SRWQCB worked with the DWA and the CVWD to conduct studies of cities with high septic system use in residential areas. They found contaminants including nitrates, bacteria , and v iruses from septic tank seepage in the upper levels of the underground aquifer serving Cathedral City and other desert cities. The study findings were significant and identified installation of sewers and elimination of septic tanks as a vital step to stop further spread of contaminants and to permanently protect the area’s groundwater.

Before the incorporation of Cathedral City , there were only a few sewer lines in the area. Most of the sewer lines in the City were installed with the formation of Assessment Districts. Septic to Sewer projects funded by Assessments Districts, took place in the late 1980s through the early 2000s. Currently, there are five areas in Cathedral City that are on septic systems as follows (maps are attached to this Staff Report):

• CVWD Service area (approximately 400 parcels):
o Shifting Sands Trail South of Ramon Rd.
o South City (Ocotillo Park area)
o Pomegranate Lane area
• DWA Service area (approximately 100 parcels):
o Perez Road
o Sarah Road

The lifespan of a septic system varies wid ely from 15 to 40 years , depending on type of material used for the septic tank, soil percolation rates and groundwater conditions, presence of trees and plant roots, and regularity of maintenance.

The State Water Resources Control Board (SWRCB) administers the Clean Water State Revolving Fund (CWSRF) Program which provides planning and construction grants for septic-to-sewer projects. Building on a federal investment of $46.8 billion, the State CWSRFs have provided $145 billion to communities through 202 0. Planning grants are available for up to $500,000. States have provided financial assistance to over 42,800 projects to protect public health, protect valuable aquatic resources, and meet environmental standards benefiting hundreds of millions of people. Cathedral City’s Septic to Sewer Project would qualify under the wide range of water infrastructure projects funded through the CWSRF.

DISCUSSION:

The Coachella Valley Regional Water Management Group (CVRWMG) , managed by Woodard and Curran (Consultant), is a collaborative effort led by the five water purveyors and one wastewater agency of the Coachella Valley to implement an Integrated Regional Water Management (IRWM) Plan to address the water resources planning needs of the Coachella Valley.

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In October 2021, City Staff met with CVWD representatives to discuss providing sewers in areas currently on individual septic systems within the City. At that meeting , CVWD recommended we reach out to Woodard and Curran to ask about potential planning grants available for converting septic to sewer in the areas that had been discussed and that CVWD would in turn, work with the City on an Assessment District construction participation grant after a planning grant was successfully completed.

Staff reached out to Woodard and Curran requesting information as to whether Cathedral City’s Septic to Sewer planning project could be funded by a CWSRF grant.

Woodard and Curran responded that the Septic to Sewer planning grant is applicable, and a grant could be secured from the CWSRF. Woodard and Curran further detailed that they completed a number of these grants.

Woodard and Curran’s submitted to City Staff a $35,380 proposal for grant preparation which is attached to this Staff Report. Woodard and Curran will wor k on preparing and submitting the CWSRF planning grant application in ten weeks. Following submission of the planning grant, Woodard and Curran will assist Cathedral City until the funding agreement is executed , which could take up to six months. Contract duration will be assumed to be nine months. Once the planning grant funding agreement is executed, the City would utilize the grant funding to complete the necessary planning, prepare plans and specs, prepare environmental documentation compliant with CEQA -Plus for the Septic to Sewer project s, and to reimburse the City for the cost to prepare the application.

Woodard and Curran will only start work on each Phase upon written approval to proceed from the Director of Engineering/Public Works as autho rized by the City Manager.

FISCAL IMPACT:

The funding for the $35,380 Woodard and Curran proposal for this work will come from the City’s approved FY 2021/22 and 2022/23 budget for Engineering Professional and Technical Services, account 100-156-8601. A s cited in the proposal, t he City can be reimbursed by the SWRCB for the $35,380 cost to prepare the application once the planning grant funding agreement is executed.

ATTACHMENTS:

Cathedral City- Woodard and Curran Proposal
Woodard and Curran PSA
Cathedral City Unsewer Areas Map
CVWD letter of support for extension of sewer service and elimination of aging septic systems

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9655 Chesapeake Drive | Suite 320
San Diego, California 92123
www.woodardcurran.com
T 800.426.4262
T 858.875.7400

Via Electronic Mail
November 22, 2021
John Corella, P.E.

City Engineer, Public Works
68700 Avenida Lalo Guerrero
Cathedral City, CA 922234

Re: CWSRF Septic-to-Sewer Planning Grant Application
Dear Mr. Corella:

Woodard & Curran appreciates the opportunity to submit this letter proposal to provide Cathedral City support in obtaining a Clean Water State Revolving Fund (CWSRF) planning grant for the planning and design of its septic-to-sewer project.

PROJECT UNDERSTANDING
There are numerous areas within the
Cathedral City limits that are not connected
to a sewer system and instead rely upon
septic tanks (as shown in the figure to the
right). The city would like to secure grant
funding in order to plan and design a
septic-to-sewer project to connect these
areas to the municipal sewer systems.

Coordination with Coachella Valley Water
District (CVWD) and Desert Water
Authority (DWA) would be required; it is
assumed these agencies would need to
secure grant funding for construction.

The State Water Resources Control Board
(SWRCB) administers the Clean Water
State Revolving Fund (CWSRF) Program
which provides planning and construction
grants for septic-to-sewer projects.

Planning grants for septic-to-sewer
projects are available to a maximum of
$500,000. The cost to prepare a grant
application can be reimbursed by the
planning grant upon execution of the
funding agreement. The city would utilize
the grant funding to complete the
necessary planning, prepare plans and specs, and prepare environmental documentation compliant with CEQA-Plus for the septic-to-sewer project.

Woodard & Curran will complete the following Scope of Services to assist Cathedral City with applying for and securing planning grant funding under the CWSRF program for the septic-to-sewer project.

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Cathedral City 2 Woodard & Curran
CWSRF Septic-to-Sewer Planning Grant Application November 22, 2021

SCOPE OF SERVICES
Task 1: CWSRF Planning Grant Application
Woodard & Curran will prepare the CWSRF planning application for Cathedral City’s septic-to-sewer project. The application consists primarily of a form and attachments to the form (see Exhibit B). Cathedral City will be responsible for adopting necessary resolutions; Woodard & Curran will prepare the draft resolutions based on SWRCB’s guidance for use by the city. Woodard & Curran, in coordination with the city, will draft the Plan of Study attachment based on the guidance provided by SWRCB. It is anticipated the Plan of Study will include the following sections:
1) Overview
2) System Information

2.1 General

2.2 Collection System

2.3 System Map

2.4 Treatment Facilities

2.5 Treatment Facility Map

2.6 Project Area Onsite Wastewater
Treatment Systems
3) Project Information

3.1 Project Details

3.2 Scope of Work

3.3 Budget

3.4 Schedule
After review by the city, Woodard & Curran will prepare the final Plan of Study. Woodard & Curran will complete the draft form and draft attachments with the use of existing documents. If information is not available in the existing documents, Woodard & Curran will prepare a data request and the city will provide the requested information needed in order to prepare the packages. Woodard & Curran will prepare draft materials to be reviewed by the city. Based on comments from the city, Woodard & Curran will finalize the materials and submit them to SWRCB via its online submittal system, FAAST. Woodard & Curran will participate on up to three conference calls (1 hour each) with the city and SWRCB to discuss the application and subsequent funding agreement.

Woodard & Curran will complete monthly invoicing and progress reporting. To ensure progress on the application, Woodard & Curran will participate in bi-weekly check-in calls with city staff during application preparation, submittal, and review (assumes a total of 16 calls).

Task 1 Deliverables:
 Draft and Final CWSRF planning application and associated attachments

ASSUMPTIONS
Woodard & Curran has made the following assumptions related to project completion.  Cathedral City will be responsible for passing necessary resolutions (e.g., Authorizing Resolution).
 Cathedral City will be responsible for signing certifications and forms, as necessary.  Cathedral City will provide Woodard & Curran with necessary information, data, and documents needed to prepare the application and required for submittal (e.g. 3 years of audited financial statements).
 Woodard & Curran will provide support beginning with application preparation and submittal, followed by coordination with Cathedral City and SWRCB until the funding agreement is executed. It is assumed this will take approximately nine months. If it takes longer, additional

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Cathedral City 2 Woodard & Curran
CWSRF Septic-to-Sewer Planning Grant Application November 22, 2021 project management, coordination, and conference calls would be required, possibly resulting in additional required budget.

SCHEDULE
Woodard & Curran will begin preparing the CWSRF application immediately following the Notice to Proceed (NTP). The estimated schedule for the application is shown below. Coordination with SWRCB and Cathedral City would go beyond week 10; Woodard & Curran would provide assistance to Cathedral City until the funding agreement is executed. It is assumed this could take up to six months for a total contract duration of approximately nine months.

Week 1 2 3 4 5 6 7 8 9 10
Cathedral City Issues NTP; Conduct Kickoff
Conference Call & Bi-weekly Check-in Calls

W&C Prepares & Sends Data Request
Cathedral City Provides Requested Information
W&C Prepares Draft Application Materials
Cathedral City Reviews Draft Application Materials
W&C Revises Application Materials
W&C Submits Application Materials via FAAST
W&C Coordinates with Cathedral City & SWRCB
BUDGET
Woodard & Curran proposes to provide Cathedral City with funding support for its septic-to-sewer CWSRF planning grant application described herein for a fee not to exceed $35,380, to be billed on a time and materials basis. A proposed fee estimate is attached as Exhibit A. The city can be reimbursed by SWRCB for the cost to prepare the application once the planning grant funding agreement is executed.

We greatly appreciate this opportunity to offer our funding support services. Please feel free to call Rosalyn at (858) 875-7420 or Lindsey at (914) 513-2212 if you have any questions regarding this proposal or require any further information.

Sincerely,

WOODARD & CURRAN
Rosalyn Prickett, AICP Lindsey Wilcox, P.E. (NY) Senior Water Resources Planner Water Resources Engineer Principal Associate Principal

Attachments:
 Exhibit A: Fee Estimate
 Exhibit B: List of CWSRF Planning Grant Application Attachments

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Attachment: Cathedral City- Woodard and Curran Proposal (3060 : Approve a Professional Service Agreement with Woodard and Curran) Fee Estimate
Cathedral City
Septic-to-Sewer Planning Grant Application
Tasks Total
Rosalyn
Prickett
Lindsey
Wilcox Ryan Hirano Jen
Sindermann
Principal in
Charge
Project
Manager
Project
Planner
Project
Assistant
$298 $281 $198 $116
Task 1: CWSRF Planning Grant Application
Draft Application 1 40 60 101 $23,418 $23,418
Final Application 1 8 16 25 $5,714 $5,714
Project Management / Bi-Weekly Calls (16) / SWRCB Calls (3)2 12 8 6 28 $6,248 $6,248 Subtotal Task 1: 4 60 84 6 154 $35,380 $35,380
TOTAL 4 60 84 6 154 $35,380 $35,380
Labor
Total
FeeTotal HoursTotal Labor
Costs (1)
11/18/2021

EXHIBIT A

2. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.

1. The individual hourly rates include salary, overhead and profit.

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Cathedral City 4 Woodard & Curran
CWSRF Septic-to-Sewer Planning Grant Application November 22, 2021 EXHIBIT B. CWSRF PLANNING GRANT APPLICATION ATTACHMENTS

Attachment # Complete Notes
Financial Assistance Application Form W&C to draft
1 – Plan of Study W&C to draft with support from City
2 – Certification for Compliance with Water
Metering Form
DWA and CVWD forms to be submitted; W&C
can pull from other grant applications
3 – Regional Water Quality Control Board
Requirements
Submit any permit requirements and/or
enforcement orders that have been issued by the
Regional Water Board relative to the proposed
project. If the proposed project is not subject to
permit requirements and/or enforcement orders,
indicate
4 – Authorizing Resolution / Ordinance W&C to prepare template; City Council to adopt 5 – Relevant Service, Management, Operating,
or Joint Power Agreements
If applicable, provide a copy of any relevant
service, management, operating, or joint powers
agreements with any amendments and a
summary explanation of the shared financial and
management responsibilities of the parties.
6 – Audited Financial Statements (3 years) City to provide 7 – Rate Adoption Resolution City to provide
Following Attachments Not Required for Small
DACs Applying for 100% Grant Funding
-- --
8 – Budgets or Projections (2 years) N/A Pursuing grant 9 – Pledge Revenue and Funds Resolution N/A Pursuing grant 10 – Related Debt or No Debt Letter N/A Pursuing grant
11 – Debt Management Policy N/A Pursuing grant

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Attachment: Cathedral City- Woodard and Curran Proposal (3060 : Approve a Professional Service Agreement with Woodard and Curran)

1 AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY
AND

WOODARD AND CURRAN

TO PROVIDE

SEPTIC TO SEWER PROJECT PLANNING GRANT

AND RELATED SERVICES
This Agreement for Professional Services (“Agreement”) is entered into as of February 10, 202 2 (“Effective Date”) by and between the City of Cathedral City , a municipal corporation (“City”) and Woodard and C urran, a Cali fornia Corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by direct negotiation, the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider , following submiss ion of a letter proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Cathedral City ’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 9 months commencing on the Effective Date.

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The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writi ng in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement , City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Thirty Fi ve Thousand Three Hundred Eighty Dollars ($35,380), unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 2 7 “Amendment” of this Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub- Service Provider contracts. Sub- Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City s hall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).

In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.

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3 (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty -five (45) days of receipt of Service Provider ’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursua nt to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider ’s work under this Agreement, either during performance or wh en completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. Ci ty’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Service Provider ’s work by City sha ll not constitute a waiver of any of the provisions of thi s Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, survey s, reports, data, notes, computer files, files and other d ocuments prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider . Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or dis covered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With W ork” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relati ng to Service Provider ’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers,

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4 canceled checks, or other documents or records evide ncing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluat ion of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time d uring regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternati ve is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider ’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement.

Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider ’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Service Provider , nor any of Service Provider ’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.

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5 SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Service Provider represents and war rants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Pr ovider shall at all times faithfully, competently and to t he best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “ Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Service Pro vider warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and compl y with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licens es, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any fai lure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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6 Service Provider shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.

SECTION 13. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or w hich would in any way hinder Service Provider ’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Service Provider shall file the subject Form 700 with the City Clerk ’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Service Provider will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of t his Agreement shall be considered confidential, unless suc h information is in the public domain or already known to Service Provider . Service Provider shall not release or disclose any such information or work product to persons or entities other than Cit y without prior written authorization from the City Manager, except as may be required by law.

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7 (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider , or any officer, employee, agent or subcontractor of Service Provider , provides any information or work product in violation of thi s Agreement, then City shall have the right to reim bursement and indemnity from Service Provider for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Service Provider’s conduct.
(d) Service Provider shall promptly n otify City should Service Provider , its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 15. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider ’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative procee dings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider , or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subc ontractors of Service Provider , in the performance of prof essional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, S ervice Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedi ngs, regulatory

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8 proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subco ntractors of Service Provider.
(c) Indemnification from Sub -Service Provider s. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully r esponsible according to the terms of this section.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suit s, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term “design professional,” as defined in Section 2782.8, is limited t o licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applic able provisions of the California Business and Professions Code.
(e) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omis sions of City or any and all of its officials, employees and agents.

SECTION 16. INSURANCE.

Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.

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9 SECTION 17. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfi ll the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of t his Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” City acknowledges, however, that Service Provider , in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Se rvice Provider’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or wit hout cause, at any time by giving thirty (30) days written notice of termination to Service Provider . In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider , or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider ’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider , prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 20. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider

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10 for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extend ed, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may , in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to term inate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 21. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider . Such causes inc lude, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 22. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shal l be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

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11 SECTION 23. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or cer tified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

To Service Provider: Woodard and Curran
Attn: Rosalyn Prickett, AICP
9655 Chesapeake Drive
San Diego, CA 92123

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 26. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 27. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Prov ider and by the City. The City Manager shall

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12 have the authority t o approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

Waiver by any Party to this Agreement of any term , condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

This Agreement shall be i nterpreted, construed and governed according to the laws of the St ate of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central D istrict of California, in Riverside.

SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached E xhibits "A" through "C", is the entire, complete, final and exclus ive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Pr ovider and City prior to the execution of this Agreement. No stat ements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining

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13 provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 33. CONFLICTING TERMS.

IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY Woodard and Curran

__________________________ _______________________
Charles P. McClendon By: Rosalyn Prickett, AICP
City Manager Its: Principal
ATTEST: ___________________________
By: Lindsey Wilcox, PE
Its: Associate Principal
___________________________
Gary F. Howell
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney

NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.

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ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

COUNTY OF RIVERSIDE )
On ____________________, 2022, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALT Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 2022, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacit y(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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A-1
EXHIBIT "A"

SCOPE OF SERVICES

I. Service Provider will perform the following Services attached:

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Cathedral City 2 Woodard & Curran
CWSRF Septic-to-Sewer Planning Grant Application November 22, 2021

2.1 General

2.2 Collection System

2.3 System Map

2.4 Treatment Facilities

2.5 Treatment Facility Map

2.6 Project Area Onsite Wastewater
Treatment Systems
3) Project Information

3.1 Project Details

3.2 Scope of Work

3.3 Budget

Task 1 Deliverables:
 Draft and Final CWSRF planning application and associated attachments

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Week 1 2 3 4 5 6 7 8 9 10
Cathedral City Issues NTP; Conduct Kickoff
Conference Call & Bi-weekly Check-in Calls

Sincerely,

WOODARD & CURRAN
Rosalyn Prickett, AICP Lindsey Wilcox, P.E. (NY) Senior Water Resources Planner Water Resources Engineer Principal Associate Principal

Attachments:
 Exhibit A: Fee Estimate
 Exhibit B: List of CWSRF Planning Grant Application Attachments

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B-1
EXHIBIT "B"

COMPENSATION

I. Service Provider shall use the following rates of pay in the performance of the Services as attached.

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Attachment: Woodard and Curran PSA (3060 : Approve a Professional Service Agreement with Woodard and Curran) Fee Estimate
Cathedral City
Septic-to-Sewer Planning Grant Application
Tasks Total
Rosalyn
Prickett
Lindsey
Wilcox Ryan Hirano Jen
Sindermann
Principal in
Charge
Project
Manager
Project
Planner
Project
Assistant
$298 $281 $198 $116
Task 1: CWSRF Planning Grant Application
Draft Application 1 40 60 101 $23,418 $23,418
Final Application 1 8 16 25 $5,714 $5,714
Project Management / Bi-Weekly Calls (16) / SWRCB Calls (3)2 12 8 6 28 $6,248 $6,248 Subtotal Task 1: 4 60 84 6 154 $35,380 $35,380
TOTAL 4 60 84 6 154 $35,380 $35,380
Labor
Total
FeeTotal HoursTotal Labor
Costs (1)
11/18/2021

EXHIBIT A

2. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.

1. The individual hourly rates include salary, overhead and profit.

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C-1
EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Pro vider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:

Only the following “marked” requirements are applicable:

X Commercial General Liabi lity (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an ann ual aggregate of two million dollars ($2,000,000).

Coverage shall be at least as broad as Insurance Services Office form Commercial General Liabi lity coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than on e million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be consider ed equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.

__X___ Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.

Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.

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C-2
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

B. Other Provisions . Insurance policies required by this Agreement shall contain the following provisions:

1. All Coverages.

a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

b. Insurance is t o be placed with insurers with a current A.M.

Best's rating of no less than A:VII.

2. Commercial General Liability and Automobile Liability Coverages.

a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provi der performs; products and completed operations of Service Provider ; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.

The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

b. Service Provider ’s insuranc e coverage shall be primary insurance with respect to City, and its respective elected and appointed, its offi cers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider ’s insurance.

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C-3
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

d. Any failure to comply with the reporting or other provisi ons of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.

C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of ori ginal endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Service Provider shall furnish certificates and endorsements from each subcontractor identical to those Service Provider provides.

2. Any deductibles or sel f-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, em ployees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider ’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

5.B.b
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5 Areas

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Attachment: Cathedral City Unsewer Areas Map (3060 : Approve a Professional Service No Sewer Areas
Shifting Sands Area - CVWD

RAMON RD

MISSION INDIAN TRL
33RD AVE

SHIFTING SANDS TRL

WHISPERING PALMS TRL

SKY BLUE WATER TRL

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South City - CVWD
33RD AVE

RANCHO VISTA DR
DINAH SHORE DR.

VIA EYTEL

ORTEGA RD

OLANCHA RD

CEDAR RD

OCOTILLO RD

VIA DE ANZA

VIA ALTAMIRA

VIA ECHO

MORENO RD

MORONGO RD

ARROWHEAD RD

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Papaya/Pomegranate - CVWD

DA VALL DR

PAPAYA LN

POMEGRANATE LN

TALBERT DR

SUNNY LN

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Perez Road Area - DWA

DATE PALM DR

CATHEDRAL CANYON DR

KIELEY RD

CAMPBELL ST

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Sarah Road Area – DWA to City of Palm Springs

RAMON RD

SARAH ST

CROSSLEY RD

SARAH ST

SAN LUIS REY DR

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Attachment: CVWD letter of support for extension of sewer service and elimination of aging septic systems (3060 : Approve a Professional Service

Cathedral City Page 1 of 4 Printed on 2/24/2022

Staff Report

City Council

Item No. 5.C

Meeting Date: February 9, 2022
From: John Corella, Director of Engineering/Public Works Title: Consulting Agreement with HR Green for On Call Capital Projects Program Management Consulting Services and
Electronic Plan Check Services

City Council

RECOMMENDATION:

Approve a Professional Services Agreement with HR Green, Inc. to provide On Call Engineering Program Management Consulting Services for Capital Projects and Electronic Plan Check Services for the amount of $150,000 and $50,000, respectively for a not to exceed total of $200,000; and, authorize the City Manager to execute the Agreement.

BACKGROUND:

Moving into 2022 the Cathedral City is still experiencing rapid growth with new ly submitted developments in the planning stages. This development expansion is a great opportunity for the City.

Even though these new development projects are submitted through the City’s Planning Department, the City’s Engineering Department is significantly involve d in t he preplanning process, the entitlement process (Planning Commission) and the actual construction process. Evidence of these efforts can be recently seen on Date Palm Drive with the new Tower Market and Amazon projects and their related improvements.

The City also has a robust Capital Improvement Plan (CIP) with many projects that have been approved in the FY 2021-22 and 2022 -23 Budget. Significant projects upcoming this spring and summer are as follows:

• SB-1:
o Century Park Neighborhood Street Rehabilitations
o Landau Blvd/McCallum Way Traffic Signal and Related Improvements • Community Development Block Grant ( CDBG) for Via De Anza Street Rehabilitation
• Maintenance of Effort (MOE):
o Sarah Road Street Pavement Rehabilitation

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o Ramon Road Rubberized Emulsion Aggregate Slurry (REAS) o Corral Road REAS
o Avenida Los Ninos Surface Widening
• Coachella Valley Association of Governments (CVAG):
o Date Palm Drive north of I-10 to Varner Road Widening Design o Canyon Shore Traffic Signal
• Federal Highway Bridge Program (FHBP):
o Ophelia Bringas Bridge Completion
o Ramon Road Bridge Design Support
o Vista Chino Bridge Design Support
• Active Transportation Program (ATP) Cycle 5:
o East Palm Canyon Bicycle Lanes Construction
o Cathedral Canyon Multi-Use Path and Bicycle Lane Design Completion o Date Palm Drive Sidewalks, Bicycle Lane and Bridge Widening (east side) Design Completion
• Proposition 68 Grant Award:
o Dream Homes Park Design
• Highway Safety Improvement Program (HSIP):
o Cycle 9 – 12 Intersection Improvements Design
o Cycle 9 – Date Palm and Varner Safety Improvements Design o Cycle 10 – Ramon Road/La Paloma (High-Intensity Activated CrossWalK) (HAWK) Signal Design
• Park Improvements
o Panorama Dog Park Construction
o Various Improvements Century, Ocotillo, Panorama, Soccer and 2nd Street Parks
• Agua Ca liente Band of Cahuilla Indians ( ACBCI) for Date Palm Drive Improvements Planning and DesignCity Wide Programs
o Sign Inventory Program
o Pavement Management Roadway Assessment
In conjunction with the above work, there are several projects listed within the C IP that will need to be planned and worked on to meet schedules in the late summer and fall.

DISCUSSION:

The above discussed CIP projects represent the City’s success in acquiring grants, securing agreements with various funding partners, applying incre ased gas tax revenues to critical projects and well thought out application of General Funds to satisfy the City’s Maintenance of Effort ( MOE) requirements. The above also represents a significant amount of experienced resources required to manage the projects to completion. Currently, the Engineering Department is down one engineering position.

The City’s new development project queue is increasing for the Engineering Department. Understanding that development is cyclical, we need to address the development expansion while “the market is hot” in the short term and later staff will evaluate its impact on long term organizational structure. This is a good challenge for the City to have.

To support the overall workload and thinking outside the box , St aff is requesting

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additional consulting management support to be provided for the Department, specifically for the City’s CIP Engineers. This on call consulting management support is to provide the City’s existing Staff with an available experienced consultant, initially for two mornings a week (5 hours each day), that can coach and mentor our engineers on specific project questions, ensure key project timelines are being met, assist with the use of other on call consultants and assist Staff with project related requests and Staff Reports.

The CIP management staff support is proposed to be provided by HR Green, Inc. (HR Green). HR Green, Palm Desert office, amongst other services, specializes in supporting municipalities in situations just as we are experiencing which is a rapid expansion with limited resources to adequately address the need s and Staff limited in experience. HR Green’s consultant to support the Director is Tim Jonasson, PE, who once was the long -time serving Director of Engineering/Publ ic Works for the City of La Quinta. With HR Green, Mr. Jonasson has worked with other cities in Southern California to support similar situations as we are experiencing now.

Having an experienced on call engineer supporting the Department, will free up time for the Director to focus on the development expansion that is currently taking place in the City. This additional time will allow the Director to have more hands -on coordination with the developers and their respective consultants as well as the City’s consultants that are supporting the City’s development project review process.

Initially HR Green would be working two ( 2) mornings a week (5 hours each day ) to support the CIP Project Staff. This may increase and/or decrease depending on certain milestones in various projects being completed and others being initiated. The estimate for these services is $150,000 and will be paid at the hourly rates in the proposal.

In addition to the above, HR Green also offers plan check services. Currently, most of the developer plan checking and study reviews are contracted out to consultants supporting City Staff . Staff is requesting HR Green be added to the list of available consultants providing plan check services. The estimate for these services is $ 50,000 and will be paid according to the services provided . Note: The newly adopted fee structure takes into account internal or external plan and study review services collected in advance of the after-entitlement development process.

HR Green has su bmitted a proposal, which has been reviewed and is in line with current support services provided by similar consultants. Staff is recommending a Consulting Services Agreement be authorized for a period of one (1) year in the not to exceed amount of $ 200,000, of which $150,000 for On Call CIP Program Management Services and $50,000 for Electronic Plan and Study Review Services.

FISCAL IMPACT:

The General Fund Engineering Professional and Technical Services account, 100-156- 8601, for FY 2021 -22 has avai lable funding for the $67,000 portion of the Agreement that may be incurred during the remainder of this fiscal year . This will not require a budget amendment

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The General Fund Engineering Professional and Technical Services account, 100 -156- 8601, for FY 2 022-23 may require up to $133,000 of the Agreement to be incurred through the end of the term of the Agreement. If the Engineering department is able to maintain budgeted staffing levels, there may be a need for a budget adjustment. If so, a request will be submitted to City Council for approval.

ATTACHMENTS:

HR Green Pacific Proposal - Cathedral City, CA - On-Call CIP Program Management Agreement for Services - HR Green, Inc. (1) w_Insurance

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 44651 Village Court | Suite 123
Palm Desert, CA 92260
Main 760.555.1212 + Fax 713.965.0044
 H R G R E E N . C O M

January 10, 2022
John A. Corella, P.E.

Director of Engineering/Public Works
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Subject: On-Call Capital Projects Program Management and Electronic Plan Check Consultant Services
Dear Mr. Corella:

Thank you for the opportunity to propose on capital project program management and electronic plan check services for Cathedral City. We are excited at the prospect of working with your engineering team and believe we can support their professional development as we produce high quality projects of which the City can be proud.

HR Green Pacific, Inc. (HR Green), as a company and team members, has decades of experience providing on-call civil engineering and plan review services to a multitude of southern California agencies, including your neighboring cities. We recognize that Cathedral City is a dynamic city with an abundance of exciting new capital and development projects on the horizon. We’re committed to moving forward your outstanding quality of life while preserving your cultural activities and beautiful desert environment.

Partnering with you, HR Green will provide peace of mind that the assigned work is being done efficiently, carefully and with customer service always top-of-mind.

With our Palm Desert office, HR Green brings local knowledge and unparalleled engineering experience for responsive, precise, and thorough support service as well as innovative processes and service delivery. Municipalities appreciate our collaborative and streamlined processes and customer - centric services, which will be accomplished as we also offer technical expertise and proven best practices to verify that projects comply with applicable standards and requirements.

Our Differentiators:
▪ Key HR Green staff are familiar with the unique qualities of and vision for Cathedral City…Our proposed Program Manager, Tim Jonasson, PE, served as Design and Development Director and Public Works Director/City Engineer for the City of La Quinta for 15 years and interim Public Works Director for Palm Desert in 2018.
▪ Our Project Manager and back up Program Manager, Mike Myers, PE has 35 years of project management and land development experience for a variety of agencies in the Coachella Valley and across Southern California.
▪ Our hands-on task leader for Engineering Plan Review, Tina York, PE, brings 30+ years of renowned survey and plan review management, including serving La Quinta, Rancho Mirage, Riverside County, water districts, and other nearby municipalities. Tina previously provided plan review to Cathedral City. She brings a proven approach and best practices to electronic plan check and multi- faceted engineering to 50+ Southern California agencies.

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Attachment: HR Green Pacific Proposal - Cathedral City, CA - On-Call CIP Program Management (3095 : On Call Engineering Program  Mr. John Corella, P.E.

City of Cathedral City

Page 2 of 2 ends

Cathedral City City CouncilFebruary 9, 2022

Cathedral City City Council
February 9, 2022