Cities Index.
Agenda packet, regular meeting

Cathedral City City Council
June 22, 2022

Document
Agenda packet, regular meeting
Meeting
June 22, 2022
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Cathedral City City Council
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3
Original file
142.5 MB
Text extracted from the city's file for reading and search. Open the original on cathedralcity.primegov.com. That file is the official record.

Figure 4: Address-based Survey Research Phases & Timeline • Kick-off meeting/confirmation of research specifications • Review necessary background materials
• Draft, refine, and finalize survey questionnaire
• Draft, refine, and finalize invitation email, text message & postcard • Finalize sample parameters and order/prep sample
• Translate survey questionnaire into Spanish
• Program and test survey questionnaire
• Prep, print and mail postcard invitations
Phase 1 - RESEARCH DESIGN (2-4 weeks)
• Send email/text invitations and email/text reminders (as necessary) • Analyze demographics of online survey respondents
• Initiate and conduct telephone interviews
• Continually review responses and sample quotas
• Begin development of cross-tabulated report structure Phase 2 - DATA COLLECTION (2 weeks)
• Generate topline survey results
• Generate cross-tabulated results
• Conduct statistical analysis
• Generate PowerPoint presentation of key findings, conclusions, and actionable recommendations
• Draft and refine written report with City staff feedback • Present findings
Phase 3 - DATA ANALYSIS & REPORTING (2-3 weeks)

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Packet Pg. 620 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 13 2.3 Focus Group Research (Optional)
FM3 proposes including qualitative research in the form of four focus groups as part of the Cathedral City Community Education and Outreach study if budget permits. We recommend conducting the focus groups among subgroups within Cathedral City who may feel less heard or are not as engaged. While the populations to include in these groups will be decided in consultation with the City, FM3 recommends conducting one group each among the following four populations:
• LGBTQ residents
• Spanish-speaking Latino residents
• Seniors
• And residents from an underserved geographic area identified by the City Focus groups will allow us to gain a deeper understanding of these residents’ concerns; their satisfaction with services, priorities and needs; opinions toward City proposals and policies; and experiences with and attitudes around diversity, equity, and inclusion. The focus groups would allow us to explore services, projects, programs, and proposals—for example potential infrastructure projects, public safety and police services, and economic development—about which the City would like a more in-depth understanding. Unlike with a survey, the moderator can probe for qualitative reasons why individuals feel the way they do about issues with which there may be a lot of personal history and/or complicated feelings—including around equity and opportunity in underserved communities. By their very nature, focus groups add a depth of understanding to any research question—they tell a skilled researcher "why," "how," and "what" in a way that other research techniques simply cannot.

FM3 recommends conducting these focus groups prior to conducting the survey. The discussions will help reveal topics and views—and the way residents talk about them—that will help inform the contents of the survey. The survey can also be used to quantify findings of interest from the focus groups.

FM3 recommends conducting the focus groups online. Not only is this a more cost-effective approach in an area without a focus group facility (if the groups are conducted in person, they will be held at a local hotel with a video system to allow the City to watch the groups in real time), but we have found that, despite the easing of COVID19 restrictions, many potential participants are not yet comfortable gathering around a table with others.

FM3 conducts online focus groups using dedicated videoconferencing platforms which are conceptually similar to “Zoom” and its various competitors, but which also feature additional capabilities better suited for an opinion research context. Online focus groups function in a very similar way to in-person focus groups. Approximately eight participants log in to an online meeting with other participants and a professional moderator for a 90-minute to two-hour live discussion. All participants are visible via webcam and the moderator is able to show documents and images for the participants to respond to. FM3 also has the ability to provide loaner webcams (delivered via U.S. mail) to participants who may not ordinarily have access to this equipment, addressing a potential barrier to participation which disproportionately affects the less affluent and/or less tech-savvy members of the population of interest. Consistent with in-person focus groups, observers from Cathedral City will be able to view online

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Packet Pg. 621 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 14 groups in real time and relay questions to the group moderator. FM3 will discuss with Cathedral City the option for in-person groups if they are preferred.
3 REFERENCES AND EXPERIENCE

3.1 FM3’s Background and Relevant Experience

3.1.1 Experience Conducting Resident Community Surveys
FM3 is a leader in conducting community studies for local governments. For more than three decades, FM3 has conducted hundreds of resident satisfaction and strategic planning surveys for local governments throughout our home state of California. FM3’s community research on behalf of local government agencies has explored the full range of resident concerns with local issues, including delivery of social services and other city services, perceptions of city government generally and specific departments, management of public funds, and enhancing the public’s trust in local government, among others. In this work, we have designed questions on a broad and diverse set of issues and have a library of knowledge on how to effectively measure opinions and report what is significant in those findings.

FM3 has worked with some cities over many years, tracking changes over time to questions asked in each year’s research, as well as modifying past survey instruments to include questions that are more pertinent to the time.

FM3 also compares findings to other data, including from national studies and other cities, where comparison is illustrative.

Past clients for this service include the California municipalities of Agoura Hills, Anaheim, Bellflower*1, Burbank*, Camarillo, Capitola*, Carson*, Citrus Heights, Concord, Coronado, Chico, Del Mar, Dublin, El Monte, Fairfield, Folsom, Fremont, Grass Valley, Hawaiian Gardens*, Healdsburg, Hemet, Hercules, Irvine, La Habra, Lakewood*, Larkspur, Livermore (Police Department), Lomita, Long Beach*, Los Angeles, Manhattan Beach, Millbrae, Milpitas*, Modesto*, Moreno Valley, Ontario, Oakland*, Palo Alto, Palos Verdes Estates, Pasadena*, Pleasanton*, Rancho Cordova, Rancho Palos Verdes (Parks and Recreation Department), Rancho Santa Margarita*, Redondo Beach, San Francisco*, San José*, San Juan Capistrano, San Luis Obispo, San Ramon*, Santa Barbara*, Santa Monica*, Saratoga, Signal Hill, South Gate, Stanton*, Sunnyvale, Torrance*, Vallejo, Ventura, and West Hollywood*; as well as other public agencies including the Eastern Municipal Water District, Irvine Ranch Water District, Kern Community College District, Los Angeles County Metropolitan Transportation Authority, the Marin-Sonoma Mosquito & Vector Control District, the Monterey Peninsula Regional Park District, the Southern California Regional Rail Authority (Metrolink), Sierra Joint Community College District, the Santa Clara Valley Water District, the Sonoma County Agricultural Preservation and Open Space District, the West Basin Municipal Water District, the counties of Alameda, Santa Clara, Sonoma and Tuolumne, and the Ports of Long Beach, Los Angeles, San Diego, and Oakland, among many others. 1 * Denotes cities where FM3 has conducted two or more resident community surveys.

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Packet Pg. 622 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 15 In some communities, resident surveys have been complimented by surveys of local business owners and managers and employees to provide multiple perspectives on local issues and policies.

This past year, FM3 has conducted resident surveys for the California cities of Camarillo, Dublin, Lemon Grove, Livermore, Long Beach, Milpitas, Ontario, and West Hollywood as well as the City of Pasadena Library, County of San Diego Health & Human Services Agency, Friends of the San Francisco Library, Los Angeles County Metropolitan Transportation Authority, Nevada County Health & Human Services, the Colorado Health Foundation, and the Yale School of Forestry & Environmental Sciences. Just last month, FM3 completed a resident survey in the City of Burbank as well.

FM3 is often retained to conduct additional surveys for cities and other jurisdictions, with FM3 conducting yearly, every other year, or other scheduled surveys for a number of cities including Bellflower, Dana Point, Dublin, Milpitas, Pleasanton, San Francisco, San José, Torrance, and West Hollywood, among others.

Our vast library of research allows FM3 to examine satisfaction ratings and other resident opinions and compare them with similar communities. These comparisons can be particularly valuable when making policy decisions and studying the decisions made in other jurisdictions on similar issues.

FM3’s community satisfaction research explores awareness and attitudes towards the full range of local issues, including perceptions of overall quality of life, city government generally, specific city departments, the performance of city employees, the delivery of specific city services, management of public funds; the quality of city infrastructure; the pace, scale, and regulation of development; crime and personal safety; disaster preparedness; and other important topics facing the city. Where previous data is available, FM3 also tracks questions over time to determine if perceptions and/or opinions have remained the same or changed.

Our community satisfaction research is designed to produce actionable outcomes for clients which include quantitative measurements of current city performance, satisfaction with direct customer service, public support for policies under consideration, and residents’ budgetary priorities, as well as a comprehensive analysis of how each of these have evolved over time. This data in turn helps inform critical city decisions such as those involving resource allocation, public policy, and personnel management. In Appendices B and C, we provide a PowerPoint presentation for City of Torrance and written report for the City of Bellflower as examples of our work.

In addition to our work with local governments conducting resident community surveys, FM3 is a leading provider of research for successful public finance ballot measures for cities (and counties and special districts) throughout California. We have provided research and strategic advice for over 500 local finance measures dealing with issues relating to public safety, infrastructure, transportation, parks and open space, utilities, libraries, education, health care, and social services for cities, counties, school districts, and other local and state service providers. In each ballot measure survey, FM3 includes questions to gauge the context of the election, including impressions on quality of life, issue concerns, government performance, and priorities for city improvements. This experience, including our previous work on behalf of your city, has and will further our understanding of the drivers and barriers to resident satisfaction that inform our research on resident community surveys.

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Packet Pg. 623 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 16 Furthermore, historically, over 95 percent of local revenue measures—including sales tax measures—that were placed before voters by FM3’s clients, under our advisement, have been approved.

3.1.2 Experience in Cathedral City and the Coachella Valley

3.1.2.1 Cathedral City
FM3 has conducted research that aided in the successful passage of five ballot measures in Cathedral City over the last 14 years, including three funding measures. In each case, FM3 determined the viability of a potential measure, helped develop the ballot language based on an assessment of voter priorities, and crafted legally permissible educational statements. Each are described in more detail below:
• Measure B (March 2021): In November 2020, FM3 conducted a dual-mode survey to measure support for or opposition toward a short-term vacation rental regulation measure, which ultimately became Measure B. In addition to assessing the measure’s feasibility, potential ballot language, priorities, and educational statements, FM3’s research explored awareness of and opinions on short-term vacation rentals in the City generally.
• Measure HH (November 2016): In 2016, FM3 conducted a dual-mode survey of Cathedral City votersto assess support or opposition for a City charter amendment. The survey evaluated understanding of the measure, opinions toward its components, and how to communicate the measure to the electorate. Additionally, the survey looked at voter perceptions of the City’s direction; evaluations of City government generally and of the City Council specifically; ratings of City government trustworthiness, responsiveness and management of tax dollars; how serious they consider a number of local issues, and sources of local news. • Measure B (June 2014): In 2013, FM3 conducted survey research and provided strategic advice on behalf of what became Measure B in 2014. The survey assessed Cathedral City voter support for renewing the existing one cent sales tax (Measure H which FM3 had helped the City pass three years earlier) and also included questions to assess the electoral context, including measuring job ratings for Cathedral City government generally, the City Council, and the police and fire departments; determining how serious voters consider a number of issues, and awareness of the need for additional City funding. • Measure H (June 2010): In 2010, FM3 conducted a study evaluating multiple potential revenue-generating options for Cathedral City and determined a one-cent sales tax with a 5-year sunset was a viable option—with the research ultimately informing the design of Measure H, which was successfully passed by voters. In addition to evaluating communications about the measure and how voters prioritized features of it, FM3 also measured understanding of the budget shortfall facing the City and the impact of State takeaways at the time. • Measure L (November 2008): In 2008, FM3 conducted research that measured voter support and opposition for a utility user tax (UUT), a sales tax, and a parcel tax. The research revealed that only the UUT was in a position to pass on Election Day. Similar to other Cathedral City research, the survey tested communications about the measure and their impact on the vote as well as perceptions of the need for additional funding,

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Packet Pg. 624 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 17 issue concerns, and preferences for the use of funds, among other questions, to assess the electoral context in which a campaign would take place.

As you know, just last month, FM3 conducted research among Cathedral City residents on behalf of the Desert Recreation District (DRD). The aforementioned research consisted of a dual-mode methodology among 449 voters. The survey’s objective was to determine the viability of a potential Cathedral City parcel tax measure to provide the funds needed for DRD to take responsibility for maintaining Cathedral City parks and recreation areas and providing recreation services and programs. As part of determining how best to build support for the measure, the survey also evaluated support or opposition for DRD taking this responsibility, the use of and opinions about DRD and its programs and services, frequency of visiting Cathedral City parks or utilizing their programs and services, impressions of park maintenance, and perceptions of need for more funding for recreational programs and services and parks and recreation areas. To understand the electoral context, the survey also explored views of the City’s direction and opinions on the City’s Park Maintenance Division, the City Council, and City government generally. The research measured voter priorities for the potential funding measure and the effectiveness of educational statements on the measure’s behalf. FM3 also conducted research in Cathedral City for DRD in 2018, and the recent survey tracked questions from this prior research to understand changes in opinions given the current social, economic, and public health landscape.

3.1.2.2 Coachella Valley and Greater Riverside Area
In addition to our work in and on behalf of Cathedral City, our firm has conducted research throughout the Coachella Valley and greater Riverside County area. Along with our work in Cathedral City with DRD, FM3 is also working with DRD to determine the feasibility of a parcel tax in the City of Indio to upgrade the DRD’s park and recreational facilities and provide additional services to the communities within the District.

Other Coachella Valley and relevant Riverside County experience includes the following:
• FM3 has conducted research in seven of the nine Coachella Valley cities, including Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, and Palm Springs, as well as in the Palm Springs Unified School District.

Moreover, in all, FM3 has conducted research in 18 of Riverside County’s 28 incorporated cities and 11 Riverside County school districts.
• From 2017 to 2019, FM3 conducted several transportation-related research projects on behalf of the Riverside County Transportation Commission (RCTC), which included surveys and focus groups. The research primarily focused on the viability of a potential new countywide transportation sales tax measure, which included an examination of rail services in the Coachella Valley. • FM3 also regularly conducts research among Riverside County residents and voters —including those in the Coachella Valley and Cathedral City specifically—on behalf of private sector clients, such as the Inland Empire Community Foundation, Morongo Band of Mission Indians, Pechanga Band of Luiseno Indians, Southern California Edison, SoCal Gas and Waste Management, as well as local elected officials and political candidates. In this capacity, our firm serves as pollsters for several state-level elected officials representing the various regions of Riverside County.

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Packet Pg. 625 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 18 In total, FM3’s research has contributed to voter approval of 41 local tax and bond measures for agencies throughout Riverside County as well as extensive issue-specific work (such as transportation, economic development, education, parks and recreation, environment and energy, and others), and resident satisfaction surveys. This significant portfolio of work provides our team with current information regarding trends in local public opinion and issues of public concern. We would leverage this local knowledge, as well as our vast library of historic public opinion data from Riverside County residents, and specifically the Coachella Valley, to benefit the research we would design and conduct for this project.

3.1.3 Experience Conducting Research in Diverse Communities FM3 has a long record of providing extremely accurate research among California’s most diverse and multilingual communities. We know a commitment to ensuring diversity, inclusion, and equity in our research begins by providing it in the sampling methodology. Our survey must provide the opportunity for every resident to have an equal chance to be selected and take part in the survey to ensure that we gain a full understanding of opinions and perceptions about life, community, and concerns in Cathedral City. The findings are not valuable if they do not reflect a representative sample of all residents—including LGBTQ residents and residents of all ethnic and racial backgrounds, ages, incomes, education, and gender, among others.

FM3 possesses in-house Spanish language capability and provides some of the highest-quality English-Spanish bilingual research available. Our firm has conducted surveys bilingually in English and Spanish for more than three decades and doing so is another one of our firm’s longstanding strengths. We are extremely sensitive to details such as the geographic and national differences in Spanish vocabulary and pronunciation, and we conduct hundreds of surveys and dozens of focus groups in Spanish every year.

Furthermore, we have long-term relationships with call centers who employ regular, full-time multilingual interview staff who have the strongest fluency in both English and their respective second languages. FM3 will leverage the experience and methodologies we have acquired and developed over three decades of conducting the highest quality bilingual survey research to enhance the research we conduct for Cathedral City.

Additionally, as the pollster for the City of West Hollywood and as a result of the work we have conducted on a variety of topics for the City of San Francisco, our firm has particular experience conducting research among the LGBTQ community. We provide a case study of our work in West Hollywood in Section 3.3: References and Case Studies.

3.2 References and Case Studies
Below, we provide four references from our resident community survey work in the cities of Torrance, West Hollywood, Bellflower, and Ontario. For each project, FM3 provided a written report and PowerPoint presentation, with the presentation given to City staff and the City Council and other stakeholders. Please see Appendix B for one example of a presentation.

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Packet Pg. 626 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 19 City of Torrance, California
Contact Person:

Aram Chaparyan, City Manager
City of Torrance
Tel.: (310) 618-5880
E-mail: [email protected]
FM3 has conducted resident and business surveys in the City of Torrance in 2019, 2013/2014, 2007/2008, and 1995. For the 2019 resident survey, FM3 interviewed 1,336 Torrance adults ages 18 or older, using an addressbased, dual-mode methodology where interviews were conducted online and by telephone. The interviews were conducted in English, Spanish, and Japanese. In addition to quality of life, government job performance, delivery of services, contact with the City, and City communications topics, the survey also focused on how residents would like to see the City in the future. This included assessing Torrance as a city that benefits from the ethnic diversity of its population, among other attributes.

Because of deliberate commonalities between the 2007/2008, 2013/2014, and 2019 survey instruments, the City was able to identify and measure changes in residents’ perceptions of various local issues and the provision of specific municipal services to highlight areas where progress had been made, and where improvements were still needed. In August 2021 and again in January 2022, FM3 completed voter surveys, a baseline survey and a followup survey, respectively, among City of Torrance municipal voters to determine their willingness to support an increase in their sales tax during this June’s City election. Similar to a resident survey, the former survey identified residents’ budget priorities. In addition, the survey examined the initial level of support for a measure. The January 2022 survey examined whether the level of support has shifted after the City conducted legally permissible outreach in the community educating residents about the need for additional funds.

City of West Hollywood, California
Contact Person: John Leonard
Director of Economic Development
City of West Hollywood
Tel.: (323) 848-6446
E-Mail: [email protected]
In September 2018, FM3 conducted a survey among 738 City of West Hollywood adult residents using an addressbased sample with our dual-mode methodology. The survey was conducted in English, Russian, and Spanish. As with other FM3 resident community surveys, our West Hollywood study evaluated impressions of West Hollywood as a place to live and the quality of life in the City, impressions of City government, the importance of and satisfaction with City services, and impressions of the City’s communications. The survey was also focused on the value residents place on various social services for such groups as seniors aging in place, people of color, people

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Packet Pg. 627 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 20 with disabilities, people experiencing homelessness, people living with HIV or AIDS, the LGBTQ community, and at-risk youth. Social services explored included health care services, food or meals programs, senior services, counseling and emotional support, job placement programs, and programs for at-risk youth, among others. The survey and additional outreach work helped the City decide how to allocate precious social services dollars to meet the pressing needs of the community. In addition, many of the questions in the 2018 survey were repeated from previous research to determine if there have been any changes over time.

In addition to the resident community surveys, in 2015/2016, FM3 also conducted a seven-month, multi-method City of West Hollywood Public Safety Opinion Research Project, and in 2015, FM3 conducted a Multi-Unit Housing Study. Both projects included focus group and survey research. In 2018, FM3 fielded the City’s Community Study Survey which primarily focused on residents’ awareness of and attitudes towards the social services provided to residents. Between 2019 and 2020, FM3 conducted five surveys on behalf of the City of West Hollywood: a transportation survey, a COVID-19 survey, a rental moratorium survey (among renters and landlords), and two sales tax surveys—the latter two surveys leading to a successful ¾-cent sales tax measure in November 2020. In late 2021, FM3 was commissioned to conduct a follow-up Community Safety Survey among city residents 18 years of age and older. Given events in Minneapolis and around the nation just months earlier, as well as the significant rise in people experiencing homelessness, the 2015 survey was significantly updated to reflect the new realities of our time. However, where appropriate, a small number of questions were tracked to determine if there was a change in awareness and attitudes since 2015. Most recently in May, FM3 completed another survey on behalf of West Hollywood to measure opinions toward various revenue generating options.

City of Bellflower, California
Contact Person:

Jeff Stewart, City Manager
City of Bellflower
Tel.: (562) 804-1424 x 2207
E-Mail: [email protected]
FM3 has been conducting constituent satisfaction survey research among residents and businesses in (and on behalf of) the City of Bellflower since 2001, with our most recent survey in September 2018. FM3 is currently in the planning stage for additional research in the City of Bellflower in the coming months.

Our previous survey research provided an opportunity for the City to assess opinions on the quality of life in Bellflower, identify the most serious concerns facing Bellflower residents, measure impressions of City government generally and specific departments, and how residents rate the importance of specific services provided by the City and their satisfaction with the delivery of those services. The surveys also looked at issues related to beautification and cleanliness, development, contact with City government, and the most important thing the City can do to improve city services for Bellflower residents. Each survey was conducted among approximately 500 residents, 20 minutes in length, and administered in English and Spanish.

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Packet Pg. 628 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 21 Using past survey data (from similar research conducted by FM3 for the City in 2016, 2015, 2013, 2007, 2005, 2003 and 2001), FM3 helped identify where the City had been successful in reducing particular issue concerns and improving satisfaction with specific services as well as highlighting where additional work needed to be done.

Additionally, each survey focused on a different policy or issue area of growing and topical significance. For example, in the 2016 study, FM3 asked a series of questions assessing opinions on the L.A. Sheriff Department employees serving Bellflower, including how committed they are to helping residents, their involvement in the local community, effectiveness in curbing crime, and how quick they are to respond to emergency calls. The survey also evaluated how residents felt they were treated by these L.A. Sheriff Department employees in terms of being treated fairly regardless of race, ethnicity, gender, or sexual orientation. And it measured how serious of a problem residents feel conflict between law enforcement and individuals of color has been across the country and in Bellflower, and how concerned residents are about the use of excessive force in Bellflower. The 2018 study had a particular focus on issues related to homelessness, including views on whether or not the issue can be solved, who is responsible for doing more to reduce homelessness, and how to allocate funding to respond.

City of Ontario, California
Contact Person:

Dan Bell
Communications & Community Relations Director
City of Ontario
Tel. (909) 395-2400
E-Mail: [email protected]
In May 2021, FM3 conducted a survey among 544 City of Ontario adult residents using an address-based sample with our dual-mode methodology. The survey was offered in English and Spanish. As with other resident community surveys, the survey measured aspects of quality of life, including perceptions of the city’s direction and what they like best about living in Ontario. It investigated what they consider the most serious problems, ratings of city government’s job performance, satisfaction with city services, opinions on expanding senior and youth services, perceptions of public safety, and opinions and awareness of city communication. More recently, FM3 completed an Ontario voter survey to examine residents’ priorities for city services, programs and infrastructure maintenance and upgrades. In June, FM3 is scheduled to conduct a follow-up revenue measure survey prior to the City Council deliberating as to whether they will place a sales tax on the November 2022 municipal ballot.
4 BUDGET/COST OF SERVICES
FM3 does not bill using hourly rates but rather by project, utilizing costs that are informed by the specifications of the research being conducted. For example, our costs for survey research are informed by factors that include the number of interviews completed, the average interview length, the interviewing methodology used (dual-mode, telephone, online, intercept, etc.), contact methods (such as texting and postcards), the type of sample being

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Packet Pg. 629 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 22 utilized (such as likely voters, all registered voters, all adult residents, etc.), and the language(s) in which interviews are conducted.

Figure 5 below contains the total estimated costs for this survey research. These prices are comprehensive and include all costs for questionnaire design; sample acquisition and preparation; Spanish translation; programming; email, text message and postcard invitations; survey hosting; telephone interviewing; data entry and analysis; and reporting and presentations. Direct incidental expenses, such as extra reproduction of reports and travel, are not included but would be billed at-cost if incurred.2 Costs include three presentations. There is no additional cost for online presentations.

FM3 recommends a 20-minute survey, with a sample of 500 adult residents. However, given the adult population size of Cathedral City and mindful of budgetary factors, we also provide costs for a sample of 400 and a survey length of 18 minutes.

Figure 5: Estimated Survey Costs
Survey Length 500 Interviews 400 Interviews
20 minutes $42,250 $37,750
18 minutes $40,750 $36,500
Should the City wish to exclude postcards, the costs would be reduced by $2,000 for a 500-sample and $1,500 for a 400-sample.

Should the City choose to include online focus group research within the research plan, the price for Englishlanguage groups is $9,500 and for the Spanish-language group is $13,000. This price is comprehensive and includes all costs for the design of the screening questionnaire, discussion guide design, recruitment, participant incentives, use of the online focus group platform, moderation, audio and video recording, verbatim transcription, analysis, and reporting. We would be happy to provide costs for in-person groups at the City’s request.

Of course, any number of alternative survey structures are possible, which may result in higher or lower costs.

FM3 is committed to working with Cathedral City to tailor the research plan to fit your budget and meet your research needs.
2 FM3 charges for travel based on the current IRS business mileage allowance.

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Packet Pg. 630 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 23 APPENDIX A
FM3TEAM BIOS

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Packet Pg. 631 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 24 Dr. Richard Bernard, Partner—Project Manager
FM3 Partner Dr. Richard Bernard is one of California’s foremost public opinion researchers on issues related to public agencies, their services, and the funding they need to provide those services. Richard has written surveys, conducted focus groups and one-on-one interviews, and routinely provides strategic advice for a diverse set of clients including cities, counties, special districts, K12 and community college districts, non-profits, businesses, and labor unions.

His work provides a road map to help clients communicate with populations of interest.

Across his close to 20 years at FM3, Richard’s public opinion research efforts have focused on helping clients enhance resources or garner support for policies that will help individuals and demographic/geographic groups have greater access to resources, environmental justice, and/or an overall better quality of life. Through his work on behalf of government institutions and non-profit groups, he has provided research that has led to successful efforts to raise billions of dollars to increase or enhance public transportation; improve public safety; provide access to quality education and supportive housing; secure the protection of and access to clean water, open space, and parks; and increase voter registration and the likelihood one will vote—all of which have or will have particularly positive outcomes on less affluent communities, communities of color, and immigrant communities.

Richard’s municipal client work has covered a variety of topics such as resident satisfaction, strategic planning, general plan, finance measure, and budget priority surveys. His Riverside County city clients have included Hemet, Indio, Moreno Valley, Palm Springs, Riverside and Wildomar. Richard recently completed work on a second survey on behalf of Desert Recreation District (DRD) conducted among Cathedral City voters to examine the viability of the District taking over the maintenance of local parks and recreation facilities and providing related services to City residents. Further, from 2017 to 2019 he led a number of transportation-related research projects on behalf of Riverside County Transportation Commission (RCTC), which included surveys and focus groups. The research primarily focused on the viability of a potential new countywide transportation sales tax measure, which included an examination of rail services in the Coachella Valley. His other Riverside County-based clients have consisted of the Eastern Municipal Water District, Inland Empire Community Foundation, the Pechanga Band of Luiseno Mission Indians, METROLINK, Mt. San Jacinto Community College District, Riverside Unified School District, San Gorgonio Memorial Healthcare District, Southern California Association of Governments, among others.

Richard joined the firm after being on the faculty at the University of Toronto from 1999 to 2002. While at the University of Toronto, Richard taught research methods and statistics, and within his research dealt frequently with issues related to cities, employment, and social and income inequality experienced as a result of gender, age, ethnicity/race, and citizenship. He has published in such journals as East Asian Pacific Migration Journal, International Migration Review, and the Canadian Journal of Sociology. Prior to joining the faculty at University of Toronto, Dr. Bernard was a Sloan Foundation post-doctoral fellow at the National Opinion Research Center (NORC)

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Packet Pg. 632 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 25 based at The University of Chicago, where he both designed and tested quantitative and qualitative research related to family, work, and educational issues.

He is also a former transportation commissioner for the City of West Hollywood.

Education: Richard received an Honors B.A. at York University, a M.A. at McGill University and a Ph.D. at UCLA in Sociology.

Adam Sonenshein, Vice President — Assistant Project Manager Adam Sonenshein joined FM3 following over a decade of experience working on behalf of non-profit organizations and political candidates in California. He has conducted opinion research and provided strategic advice for dozens of clients including cities, counties, K-12 school and community college districts, special districts, non-profit organizations, business associations, candidates for political office, and ballot measure campaigns.

Adam conducted research for the City of Cathedral in partnership with the Desert Recreation District in 2018 and 2022, as well as on behalf of the City in 2020 on issues related to short-term vacation rentals. In addition, Adam has conducted focus group and survey research among Coachella Valley residents on behalf of the Riverside County Transportation Commission and Inland Empire Community Foundation, and for the nearby cities of La Quinta and Palm Springs. Adam’s other current and recent municipal clients also include the cities of Arcadia, Bellflower, Carpinteria, Carson, Corona, Costa Mesa, Dana Point, Downey, Fountain Valley, Grover Beach, Hawthorne, Hemet, Laguna Beach, Lemon Grove, Long Beach, Los Alamitos, Los Angeles, Paramount, Pasadena, Paso Robles, Riverside, Santa Barbara, San Bernardino, San Clemente, Temecula, Temple City, Torrance, Turlock, West Hollywood, and Westminster.

More broadly, his research has explored attitudes on a range of issues including the satisfaction and importance of local public services, the impacts of COVID-19, Pre-K through University education issues, public safety, reducing homelessness, environmental protection, strategies to address poverty, housing and land use, public transportation, cannabis decriminalization, and making the political system more transparent and fairer.

Prior to joining FM3, Adam spent over a decade working on behalf of nonprofit organizations and political candidates in California. He spent eight years with Los Angeles Universal Preschool (LAUP), a county-wide nonprofit organization which focuses on building public will for expanding access to quality preschools. He was responsible for developing the organization’s public policy, advocacy, and community involvement strategies. He also worked closely with elected officials, community leaders, non-profit partners, and grassroots stakeholders by directly advocating for public policy changes at the city, school district, county, state, and national levels.

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Packet Pg. 633 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 26 Further, he has served as a consultant for political campaigns, coalitions, and public awareness campaigns in the San Francisco Bay Area.

Education: Adam received a B.A. in Political Science from Tufts University in 1998 and Master's of Public Policy (M.P.P.) from the UCLA Luskin School of Public Affairs in 2005 with awards for Outstanding M.P.P. Student of the Year and Outstanding Academic Achievement.

LAURA COVARRUBIAS, SENIOR RESEARCHER — PROJECT TEAM MEMBER Laura Covarrubias joined FM3 in 2017 as a Research Associate. Her prior experience includes providing research and analysis on local economic issues for the City of Glendale’s Economic Development Division and conducting an impact and needs assessment on Mayor Garcetti’s 10,000 Strong Veterans Hiring Initiative for the Los Angeles Veteran Coalition.

At FM3, Laura has worked with clients on a variety of policy issues, including resident satisfaction, community and educational outreach, company branding, revenue-generating measures at both city and county levels, education, homelessness, public transportation, and water and environmental conservation. Laura has worked with both government agencies and non-profits across Southern California to help improve community relations, generate outreach materials, and increase awareness of services. Some of Laura’s experience specifically in the Coachella Valley include research on behalf of Riverside County Transportation Commission, the Desert Recreation District, The Inland Empire Community Foundation, and the City of Indio. More widely, her clients in Riverside County have included the Cities of Riverside, Hemet, and Moreno Valley. Laura has also worked on resident satisfaction surveys in the cities of Bell, Burbank, Lomita, Long Beach, Ontario, and Torrance. She is also currently conducting research on behalf of Audubon on environmental issues impacting communities across the Coachella and Imperial valleys.

A native Spanish speaker, Laura also conducts research in Spanish—including questionnaires, focus groups, and online discussion boards. She regularly assists in ensuring FM3’s research tools are effective at capturing the opinions of various Latino communities through ensuring accurate translations and appropriate cultural context.

Laura has contributed to research on a variety of subjects relative to the Latino populations in California and across the U.S., including but not limited to, early childhood parenting and education, local water supplies, air quality along freeway gateways, participation in the U.S. Census, and undocumented immigration.

Education: Laura holds a Master’s in Public Policy from the Sol Price School of Public Policy at the University of Southern California and a Bachelor of Arts in Political Science with minors in Public Affairs and Geography from UCLA.

Education: Laura holds a Master’s in Public Policy from the Sol Price School of Public Policy at the University of Southern California and a Bachelor of Arts in Political Science with minors in Public Affairs and Geography from UCLA.

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Packet Pg. 634 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 27 RENATO VILLACORTE, PARTNER & CHIEF TECHNOLOGY OFFICER — LEAD STATISTICIAN Partner & Chief Technology Officer Renato G. Villacorte joined FM3 Research in 2002 as a Senior Statistician and consultant on research methodologies and advanced data analyses. Renato started his career in academia in Experimental Psychology where he developed expertise in data collection technologies, statistical programming, and predictive modeling. He taught Descriptive Statistics and other lower division Psychology courses at Cal State University, Los Angeles before entering a doctoral program at the University of California in 1996. At Cal, he pursued research in Psychophysics and conducted several studies with human subjects before taking his talents into the market research industry in 2000.

Renato is now charged with developing and maintaining the research technologies of FM3 Research. The Researchers of FM3 depend on Renato’s team to coordinate and organize the collection of qualitative and quantitative opinion research data, prepare analytical reports on collected data, and conduct advanced statistical investigations in support of research objectives. Renato is one of the principal liaisons between FM3 and market research service subcontractors. He advises FM3 Researchers on the latest techniques in data collection and sampling methodologies.

With more than two decades of experience in data analysis and survey research methods, Renato remains active in the professional communities of the American Association of Public Opinion Researchers and the SAS Software Programming organizations. He continues his professional education through annual seminars and conferences and has presented papers and tutorials to fellow analysts and researchers.

Education: Renato Villacorte received his cum laude B.A. and M.A. in Psychology from California State University, Los Angeles and pursued a Ph.D. in Psychophysics from the University of California, Berkeley.

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Packet Pg. 635 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 28 APPENDIX B
GRAPHIC REPORT OF SURVEY RESULTS –

TORRANCE COMMUNITY SURVEY

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Packet Pg. 654 Attachment: 921-6369 Cathedral City Proposal (3295 : Five-Year Strategic Plan Community Survey and Facilitation Consultants) 47 APPENDIX C
EXAMPLE OF WORK:

CITY OF BELLFLOWER RESIDENT SATISFACTION STUDY

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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES
This Agreement for Services (“Agreement”) is entered into as of this 5 day of September, 2022 by and between the City of Cathedral City, a municipal corporation (“City”) and Fairbank, Maslin, Maullin, Metz & Associates, a California S Corporation (“Contractor”). City and Contractor 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. Contractor, following submission of a 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. The Parties desire to formalize the selection of Contractor 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.

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 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for six (6) months commencing on September 5, 2022.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Contractor 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. 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.

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SECTION 3. ADDITIONAL SERVICES.

Contractor 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 writing in accordance with Section 26 “Administration and Implementation” or Section 28 “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 Contractor 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 seventy-thousand dollars ($70,000.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor 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 subcontractor contracts. Subcontractor 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 shall independently review each invoice submitted by the Contractor 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 Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’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

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of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “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 Contractor 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 Contractor. Upon completion, expiration or termination of this Agreement, Contractor 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 Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” 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.

All final work product developed by Contractor 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 Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including 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 evaluation of the services provided by Contractor 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. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the

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request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(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 during 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 alternative is mutually agreed upon, such documents and records shall be made available at Contractor’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 Contractor’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) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor 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.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants 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. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum,

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generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor 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 Contractor’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.

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

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor 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 appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor 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.

Contractor shall not discriminate, in any way, against any person on the basis 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 in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

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SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor 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 which would in any way hinder Contractor’s performance of the Services. Contractor 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. Contractor 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 understands and acknowledges that Contractor 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. Contractor 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. (c) City understands and acknowledges that Contractor will perform nonrelated 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 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor 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.
(b) Contractor, 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 Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, 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

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the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor 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 proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ 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 Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional 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, Contractor 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 proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ 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 Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible 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

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the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) 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 omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor 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. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor 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 Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’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 this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. 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 Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

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(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.

Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, 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 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor 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 Contractor 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 Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’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 22. EXCUSABLE DELAYS.

Contractor 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 Contractor. 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 23. 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 Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

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

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To City: City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: Fairbank, Maslin, Maullin,Metz & Associates Attn: Richard Bernard, Ph.D.
1999 Harrison St., Suite 2020
Oakland, CA 94612
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. 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 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the City Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights

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under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. 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 by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. 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 Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. 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 32. 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 Contractor 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 33. 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).

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SECTION 34. 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.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]

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CITY OF CATHEDRAL CITY
___________________________
Charlie McClendon
City Manager
ATTEST:
___________________________
Tracey R. Martinez
City Clerk

APPROVED AS TO FORM
_______________________________
Eric Vail
City Attorney
Fairbank, Maslin, Maullin, Metz &
Associates
____
Richard Bernard, Ph.D., Partner

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EXHIBIT "A"

SCOPE OF SERVICES
Focus Groups
Contractor shall begin the project by conducting qualitative research in the form of three (3) online focus groups as part of the Cathedral City Community Education and Outreach study. Contractor shall conduct one group each among the following three (3) populations:
 Spanish-speaking Latino residents;
 Seniors; and
 Residents from an underserved geographic area identified by the City The focus group process will take approximately 6 weeks from kick-off. The consultant will recruit approximately 11 residents for 8 residents to participate online. The specific steps are outlined below in the timeline. After the conclusion of all focus group research components, Contractor would remain available for ongoing consultation and any further analysis and presentation of the research as needed. Contractor will then use the focus group findings to help inform the proposed survey.

Weeks 1 - 2
 Authorization to proceed
 Review necessary background materials and input from partner organizations  Kick-off meeting/confirmation of research specifications  Determine screening criteria for the focus groups
 Draft, refine, and finalize focus group screener
 Translate focus group screener
 Begin recruiting focus groups
Weeks 3 - 4
 Draft, refine, and finalize focus group moderator’s guide and any collateral to be presented in the focus groups
 Translate moderator’s guide
 Begin conducting focus groups

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Weeks 5 - 6
 Finish conducting focus groups
 Provide key findings from focus groups
Reporting and Deliverables
Upon conclusion of the Focus Group portion of the project, the City will receive from Contractor each of the following documents:

1. Screener Questionnaire;

2. Moderator Guide;

3. Transcripts from the focus group discussion; and

4. A PowerPoint Report of Key Findings.

All documents can be provided in hard copy or electronic form (or both), depending on the City’s preference.

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Survey
The entire process shall take six to nine weeks from kick-off meeting, as shown below.

Some of the survey research work can be conducted simultaneously to the work being conducted for the focus groups discussed above. At the conclusion, Contractor will remain available for ongoing consultation and any further analysis and presentation of the research, as needed.

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Contractor shall conduct a community survey to assess general attitudes of residents toward City services and programs, determine resident concerns, priorities and views on local issues, assess policy issues and proposals, and measure support and opposition for potential revenue options.

Phase 1 – Research Design
Sample Preparation
Contractor will construct a sample survey (“sample”) by randomly selecting addresses from a list of all residential addresses in the City. Contractor will analyze the sample and select which contact method to use for each address.

While the Contractor is acquiring and preparing the sample, Contractor will also establish demographic and geographic quotas of City residents ages 18+ using data provided by the U.S. Census Bureau. Contractor will use those quotas and voter registration information as necessary during the data collection phase to ensure the final sample reflects the City’s overall adult population demographics, including age, gender, ethnicity/race, LGBTQ, registered voters, and homeownership.

Questionnaire Design
The Contractor shall hold an initial kickoff meeting between the Contractor and City staff members assigned to this project, for a comprehensive discussion of the topics the City would like to address, including major issues or challenges that should be explored in the survey.

Contractor will present a first draft of the survey to the City for review and comment. Once approved, the survey shall be translated into Spanish.

In addition, the survey instrument will gather relevant demographic information to allow for the analysis of responses by gender, age, race/ethnicity, LGBTQ, language of interview, education, homeownership, voter registration and other relevant demographic groupings.

Contact Method Preparation
Because subsets of the sample will be invited to take the survey online, Contractor will create initial drafts of email and text invitations for the City’s review. The invitations will include the City seal, with a note explaining the City has hired an independent public opinion research firm to conduct a survey about local issues that are relevant to City residents, and will be electronically signed by the City Manager.

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Phase 2 – Data Collection
Online Interviews
Based upon the final sample specifications, Contractor will set a target number of interviews to be completed online and construct an estimate of how many of those respondents are likely to take the survey online after receiving an email invitation.

Contractor shall estimate the email invitation response rate based upon your community's demographics and send out invitation emails to a random selection of email addresses from the sample sufficient to achieve the target number of online completes from email invitations. Contractor will send out a number of text message invitations to help reach the overall target number of online completes and complement the email contact method.

Telephone Interviewing
Within a week of the initial distribution of email and text messages, Contractor will compare the demographic and geographic characteristics of the online completes against our Census-derived quotas and begin conducting telephone interviews to balance out the sample and target underrepresented subgroups. Telephone interviewing is conducted on various days (weekdays and weekends) and times (evenings on the weekdays and Sunday, late morning to the afternoon on Saturday and Sunday) and Contractor employs a system of call-backs (including booking appointments for those unable to complete the survey at the time they were first contacted) to provide the greatest opportunity to participate as well as increase the survey yield.

Pre-test and Data Quality Control Monitoring
Once approved for fielding, the survey will be pre-tested with a sufficient number of respondents to assure ease of administration and flow. Such testing will also verify the length of the questionnaire and the clarity and comprehensibility of survey questions. The results of the pre-test will be reviewed with City staff to determine whether any adjustments need to be made before interviewing proceeds.

Throughout the data collection phase, the Contractor’s Project Manager and Statistical Analyst will review responses daily to ensure data and sample integrity.

Phase 3 – Data Analysis and Reporting
Data Analysis
All survey responses will be analyzed by Contractor’s Data Processing and Analysis Department staff using customized installations of Survey System and SAS software, both well documented and widely used data analysis software packages. Open-ended responses, if included in the survey questionnaire, will be further reviewed, coded, and

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grouped into thematic categories. These results will show the overall percentage of respondents who chose each answer option for all survey questions.

Contractor will complete a comprehensive set of cross-tabulated results. The crosstabulated results include a table for each question or demographic variable in the survey, with a series of up to 180 columns indicating how various subgroups of residents responded to that question. The cross-tabulated results will make it possible to detect how responses differ, if at all, among various subsets of the sample.

Reporting and Deliverables
Contractor will review the preliminary survey results and data with City staff and generate a detailed PowerPoint and written report of the survey results, including demographic breakouts and summaries of key findings, conclusions, and recommendations – first in draft form for the City’s review and input and provided within 30 days of the survey’s completion – before producing the final report.

Contractor will present the results to City staff for review and approval and in a public meeting to the City Council and other key stakeholders requested at the City’s convenience. Contractor will provide additional data analysis and develop summary memos or more focused presentations or reports to clarify survey results after the initial presentation, as requested by the City.

Upon the conclusion of the survey project, the City will receive from Contractor each of the following documents:

1. Final Survey Questionnaire;

2. Topline Survey Results;

3. A complete set of cross-tabulated results in an easy to read, comprehensive format (responses to every survey question, broken down by dozens of demographic, geographic and attitudinal subgroups of the electorate);

4. Verbatim responses to any open-ended questions;

5. PowerPoint presentation and written report (an analysis of survey results, including a detailed report of topline and demographic results, key survey findings, conclusions and actionable recommendations);

6. In-person presentation of results to City staff, elected officials and other stakeholders; and

7. Raw data from the survey in electronic form for any future analysis the City would like to conduct internally.

All documents can be provided in hard copy or electronic form (or both), depending on the City’s preference.

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EXHIBIT "B"

COMPENSATION
The Contractor shall conduct three (3) focus groups and a 20-minute survey, with a sample of 500 adult residents for a total cost not to exceed seventy thousand dollars ($70,000.00), including travel costs. The focus groups will be conducted for a cost not to exceed twenty nine thousand seven hundred fifty dollars ($29,750.00) and the survey will be conducted for a cost of not to exceed forty thousand two hundred thousand fifty thousand dollars ($40,250.00).

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EXHIBIT "C"

INSURANCE
A. Insurance Requirements. Contractor 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 Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.

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

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. One million dollars
($1,000,000) general aggregate for bodily injury, personal injury and property damage. (2) Automobile. Automobile bodily injury and property damage liability insurance, the limits of which shall not be less than one million dollars ($1,000,000) combined single limit per occurrence, whichever is greater. Such insurance shall extend to owned, non-owned and hired automobiles used by Contractor in performance of this contract.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

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

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1. All Policies. 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.

2. Commercial General Liability and Automobile Liability Coverages. (1) 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 Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. 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. (2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, 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, Contractor’s insurance. (3) Contractor’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.
(4) 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 officers, officials, employees or volunteers.

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 Contractor.

C. Other Requirements. Contractor 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 Contractor furnish City 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.

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Packet Pg. 755 Attachment: Professional Services Agreement with FM3_JUN2022 (3295 : Five-Year Strategic Plan Community Survey and Facilitation C-3

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor 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 Contractor 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 Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
MOORE IACOFANO GOLTSMAN, INC.

This Agreement for Services (“Agreement”) is entered into as of this 5 day of September, 2022 by and between the City of Cathedral City, a municipal corporation (“City”) and Moore Iacofano Goltsman, Inc., a California Corporation (“Contractor”). City and Contractor 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. Contractor, following submission of a 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. The Parties desire to formalize the selection of Contractor 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.

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 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is six (6) months beginning September 5, 2022.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Contractor 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. 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.

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Contractor 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 writing in accordance with Section 26 “Administration and Implementation” or Section 28 “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 Contractor 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 twenty five thousand eight hundred eighty eight dollars ($25,880.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor 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 subcontractor contracts. Subcontractor 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 shall independently review each invoice submitted by the Contractor 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 Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’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

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of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “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 Contractor 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 Contractor. Upon completion, expiration or termination of this Agreement, Contractor 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 Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” 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.

All final work product developed by Contractor 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 Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including 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 evaluation of the services provided by Contractor 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. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the

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request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(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 during 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 alternative is mutually agreed upon, such documents and records shall be made available at Contractor’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 Contractor’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) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor 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.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants 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. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum,

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generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor 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 Contractor’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.

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

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor 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 appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor 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.

Contractor shall not discriminate, in any way, against any person on the basis 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 in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.

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(a) Contractor 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 which would in any way hinder Contractor’s performance of the Services. Contractor 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. Contractor 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 understands and acknowledges that Contractor 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. Contractor 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. (c) City understands and acknowledges that Contractor will perform nonrelated 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 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor 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.
(b) Contractor, 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 Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, 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

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Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor 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 proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys’ 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 Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional 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, Contractor 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 proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys’ 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 Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. (c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible 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

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the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) 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 omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor 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. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor 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 Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’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 this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. 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 Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

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(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.

Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, 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 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor 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 Contractor 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 Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’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 22. EXCUSABLE DELAYS.

Contractor 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 Contractor. 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 23. 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 Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

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

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To City: City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: Moore Lacofano Goltsman, Inc.

Attn: Andy Pendoley, Director of Planning &
Community Engagement
3111 Camino Del Rio North, #100
San Diego, CA 92108
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. 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 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the City Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such

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amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. 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 by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. 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 Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. 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 32. 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 Contractor 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 33. 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).

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SECTION 34. 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.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]

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CITY OF CATHEDRAL CITY
___________________________
Charlie McClendon
City Manager
ATTEST:
___________________________
Tracey R. Martinez
City Clerk

APPROVED AS TO FORM
_______________________________
Eric Vail
City Attorney
MOORE IACOFANO GOLTSMAN, INC.
____
________________
________________

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Packet Pg. 769 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation A-1
EXHIBIT "A"

SCOPE OF SERVICES
TASK 1: PROJECT INITIATION AND TEAM MEETINGS
Contractor will meet in person with staff from the City Manager’s Office for the Project Initiation Meeting to review the project scope schedule and budget, as well as discuss expectations for the project, identify key issues to address, and confirm roles and responsibilities for each person involved.

The City Manager’s Office will coordinate the planning process and upcoming activities with Contractor and will review draft deliverables prior to advancing to subsequent activities/reviews.

Contractor and City Manager’s Office will meet approximately every two (2) weeks for the duration of this effort in video-conferencing meeting to conduct on-going planning and coordination, as well as to participate in discussion with the City’s survey consultants. Following each meeting, Consultant will provide brief summary notes of the meeting outcomes and next steps.

During the project, the Constructor Project Manager will communicate regularly by videoconference, phone and email with the Assistant City Manager to review progress, discuss emerging issues and plan for upcoming project activities. This task also encompasses contract administration, invoicing, scheduling and other support functions designed to ensure the timely delivery of services.

TASK 1 DELIVERABLES

1. Attendance at one (1) Project Initiation Meeting (in-person) and bi-weekly team video conference meetings (10 video conference meetings total);

2. Regular electronic and phone communications, as needed; and

3. Project management: administration, invoicing and workload.

TASK 2: CITY COUNCIL INTERVIEWS
Contractor will conduct five (5) one-on-one, one-hour interviews with the Mayor and City Council. The purpose of the interviews is to understand each member’s perspectives about the City’s strengths, assets, challenges, and opportunities for the near and long term.

Contractor will develop the questions in coordination with the City Manager’s Office. City staff will coordinate the interview schedule with City Council members based on Contractor’s availability. Contractor will conduct the interviews by phone/videoconference and summarize the outcomes in a memorandum.

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Packet Pg. 770 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation A-2
TASK 2 DELIVERABLES:

1. Draft and final interview questions;

2. One-on-one interviews with Mayor and City Council via phone/video-conference (5 interviews total); and

3. Project management: administration, invoicing and workload.

TASK 3: CITY COUNCIL WORKSHOP #1: VISIONING EMERGING PRIORITIES Contractor will design the approach and lead facilitation for the first workshop (inperson) with the City Council. The purpose of this workshop will be to review high level findings across the City Council interviews and early discussions with City staff regarding strengths, assets, challenges, and opportunities for the near and long term.

The workshop will also focus on the City Council’s long term perspectives, focusing on their desired outcomes across the breadth of civic life in Cathedral City.

Contractor will define the workshop objectives and design the agenda, presentation materials, and facilitation approach in coordination with the City Manager’s Office.

Contractor will serve as the workshop facilitator and will record discussion points on a large, wall size “wall-graphic” in real time during the workshop. Parties will coordinate a date and time for the three (3) hour workshop to occur at City Hall or another public facility as coordinated by City staff. After the workshop, Contractor will summarize the workshop key findings and discussion points in a memorandum.

TASK 3 DELIVERABLES

1. Draft and final workshop agenda, presentation materials, and facilitation approach;

2. In-person facilitation and graphic recording at one (1) three (3) hour workshop;

3. Summary memorandum of key findings and discussion points and photo copies of workshop notes.

TASK 4: THREE (3) EXECUTIVE STAFF WORKSHOPS
Contractor will collaborate with the City Manager’s Office in designing an approach and agendas for up to three (3) workshops with City executive staff members. The purpose of the workshops will be to engage executive staff in developing and refining the projects pipeline and phasing that will support the City Council’s emerging vision and goals for the City’s future. Additionally, the workshops will also be designed to support team-building and inter-departmental collaboration among executive staff, focusing on uncovering their shared values, identifying their strengths and assets, and considering new approaches to managing their limited resources while getting results. Tentatively, the focus of each workshop could be as follows:

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Packet Pg. 771 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation A-3
 Current Context: Strengths, Challenges and Opportunities (prior to Council Workshop #1);
 Emerging Vision and Priorities: Potential Approaches, Strategies and Projects; and
 Draft Vision and Goals: Recommended Projects and Phasing (prior Council Workshop #2).

For each workshop Contractor will define the workshop objectives and design the agenda, materials, and facilitation approach in coordination with the City Manager’s Office. Contractor will serve as the workshop facilitator and will use wallgraphics, city maps, and other methods to facilitate and record ideas, discussion points and workshop outcomes. Parties will coordinate dates and times for the three (3) hour workshops to occur at City Hall or another public facility as coordinated by City staff. This includes conducting two (2) workshops in-person in Cathedral City and one (1) workshop via video conference. After each workshop, Contractor will summarize the workshop key findings and discussion points in a memorandum. City staff will be responsible for updating/modifying its project pipeline tools/materials.

TASK 4 DELIVERABLES

1. Draft and final workshop agenda, presentation materials, and facilitation approach;

2. In person facilitation and recording at two (2) three (3) hour workshops, and video conference attendance at one (1) workshop; and

3. Summary memorandum of key findings and discussion points and photo copies of workshop notes for each workshop (3 workshops total).

TASK 5: VISION AND GOALS DEVELOPMENT AND DOCUMENTATION
Contractor collaborate with the City Manager’s Office in developing the draft vision and goals in an iterative approach throughout this process. Essentially, the outcomes of each workshop and meeting described in the previous tasks will inform development of the draft vision, goals, project pipeline, and phasing. Throughout this process and in close coordination with the City Manager’s Office, Contractor will create, expand, and refine these elements, initially as a “framework” or outline document, followed by a fully developed narrative/descriptions. If desired by the City, Contractor could package the vision, goals, and projects in an illustrative, map-based format.

The final product shall be an accessible, visually-oriented, graphic-rich, and compelling format that illustrates the City’s new vision, goals, and long-term priorities. Additionally, the vision and goals will be crafted in a way that City staff can further develop a comprehensive strategic plan after completion of this process. Contractor will develop the initial framework/outline over 3-to-5 drafts, followed by the complete vision, goals, and projects as a final package in three (3) drafts: Administrative Draft, Draft, and Final

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Packet Pg. 772 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation A-4
Draft. All drafts will be provided to the City in electronic formats, including the native files at the completion of the process.

TASK 5 DELIVERABLES

1. Initial framework/outline of the working draft vision and goals (3-5 drafts);

2. Admin Draft Vision and Goals document;

3. Draft Vision and Goals document; and

4. Final Draft Vision and Goals document.

TASK 6: CITY COUNCIL WORKSHOP #2: DRAFT VISION AND GOALS Contractor will design the approach and lead facilitation for the second workshop (inperson) with the City Council. The purpose of the workshop will be to review the Draft Vision and Goals and facilitate City Council input and revisions to be included in the Final Draft. Contractor will define the workshop objectives and design the agenda, presentation materials, and facilitation approach in coordination with the City Manager’s Office. Contractor will serve as the workshop facilitator and will record discussion points on a large, wall-sized “wallgraphic” in real-time during the workshop. Parties will coordinate a date and time for the 2-hour workshop to occur at City Hall or another public facility as coordinated by City staff. After the workshop, Contractor will summarize the workshop key findings and discussion points in a memorandum, and incorporate revisions into the Final Draft Vision and Goals.

TASK 6 DELIVERABLES

1. Draft and final workshop agenda, presentation, materials and facilitation approach;

2. In person facilitation and graphic recording at one (1) two (2) hour workshop; and

3. Summary memorandum of key findings and discussion points and photo copies of workshop notes.

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Packet Pg. 773 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation C-1
EXHIBIT "B"

COMPENSATION

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Packet Pg. 774 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation C-1
EXHIBIT "C"

INSURANCE
A. Insurance Requirements. Contractor 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 Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.

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

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. One million dollars
($1,000,000) general aggregate for bodily injury, personal injury and property damage. (2) Automobile. Automobile bodily injury and property damage liability insurance, the limits of which shall not be less than one million dollars ($1,000,000) combined single limit per occurrence, whichever is greater. Such insurance shall extend to owned, non-owned and hired automobiles used by Contractor in performance of this contract.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

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

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Packet Pg. 775 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation C-2

1. All Policies. 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.

2. Commercial General Liability and Automobile Liability Coverages. (1) 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 Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. 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. (2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, 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, Contractor’s insurance. (3) Contractor’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.
(4) 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 officers, officials, employees or volunteers.

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 Contractor.

C. Other Requirements. Contractor 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 Contractor furnish City 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.

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Packet Pg. 776 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation C-3

1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor 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 Contractor 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 Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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Packet Pg. 777 Attachment: Professional Services Agreement with MIG_JUN2022 FINAL (3295 : Five-Year Strategic Plan Community Survey and Facilitation Cathedral City Page 1 of 2 Printed on 7/14/2022
Staff Report
City Council
Item No. 7.E
Meeting Date: June 22, 2022
From: Charles McClendon, City Manager
Title: Resolution Supporting Engineering Study of Salton Sea Water Import Alternative
City Council
RECOMMENDATION:

To adopt a resolution declaring continuing support for a comprehensive analysis of all water import alternatives as part of the long-term solution for the Salton Sea.

BACKGROUND:

On October 23, 2019 Council passed a resolution, which is attached, urging state officials to consider all options for restoration of the Salton Sea including the import of salt water. A second resolution was approved in 2020 and is also attached. Supporters of this option have again approached Councilmembers asking for an additional resolution of support. During the Council discussion of future agenda items on May 25, staff was asked to prepare an additional resolution for consideration.

DISCUSSION:

To simplify a complex issue, the Salton Sea (“Sea”) has been evaporating at a faster pace than it has been replenished since the mid 1980’s1. Historically, the Sea was replenished by (i) water from the Colorado River and, (ii) to a lesser extent, run-off from local agricultural over-watering2.

Prior to December 31, 2017, an inflow of Colorado River water was used to slow the declining Sea level. This water inflow was governed by a 2003 Quantification Settlement Agreement between the Imperial Irrigation District and the San Diego County Water Authority. Unfortunately for the Sea, as of December 31, 2017 Colorado River water is no longer being diverted to replenish the declining Sea2. Some experts have estimated that the Sea will lose more than half its volume by 2030. “A 3-foot decline in the water level would expose more than 11,000 acres of lakebed or playa,” 3 .

As the Sea evaporates, more lakebed becomes exposed and dries out, ultra-fine particulates (PM-10 and PM-2.5) and other toxins become airborne. PM-10 particulates are small enough to enter human lungs and, among exacerbating other health conditions, is known to worsen asthma symptoms5. PM-2.5 particulates are small enough to enter the human blood stream and affect our DNA4. These are real health

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risks that are impacting Valley residents now and will become much worse if not addressed3. These negative health effects will extend throughout the Coachella Valley, Imperial Valley and are believed to reach into and beyond the Los Angeles basin.

FISCAL IMPACT:

None
References:

1. http://helpthesaltonsea.weebly.com/history.html

2. https://www.saltonseaactioncommittee.org/faqs

3. https://news.usc.edu/159380/salton-sea-shrinking-asthma-respiratory-health-airquality/

4. https://www.desertsun.com/story/desert-magazine/2016/01/31/desert-magazineturning-tides-salton-sea/79433474/

5. Donaldson, K., Gilmour, M. I., & MacNee, W. (2000). Asthma and PM10. Respiratory research, 1(1), 12–15. doi:10.1186/rr5
ATTACHMENTS:
2019 Resolution
CC Reso 2020-60
Salton Sea Resolution 2022- (002)

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RESOLUTION NO. 2019- 37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL

CITY, CALIFORNIA, DECLARING ITS SUPPORT FOR A COMPREHENSIVE

ANALYSIS OF ALL WATER IMPORT ALTERNATIVES, INCLUDING THE

IMPORTATION OF SALT WATER, AS A LONG- TERM MEASURE TO HALT

AND/ OR REVERSE THE SALTON SEA' S DECLINING WATER LEVEL WHEREAS, the City of Cathedral City (" City") is a charter city and a political subdivision of the State of California; and
WHEREAS, the benefits of protecting and improving public health, air quality, and wildlife habitat will also increase the opportunities for economic development and active and passive recreational activities; and
WHEREAS, California law requires the California Natural Resources Agency to develop a Salton Sea plan in cooperation and consultation with local agencies; and WHEREAS, the City of Cathedral City desires to improve the public health, economic opportunity and overall quality of life of the disadvantaged communities around the Salton Sea; and
WHEREAS, the City Council of the City of Cathedral City has considered the potential of importing salt water as a possible component for remedying and/ or abating the rate of decline of the Salton Sea; and
WHEREAS, City of Cathedral City supports a comprehensive analysis and review of all water import alternatives, including salt water as a long- term solution for the restoration of the Salton Sea; and
WHEREAS, City of Cathedral City respectfully requests that an analysis of water import be incorporated into the State' s SSMP Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals
That the Recitals set forth above are true and correct.

Section 2. Consideration of Water Import Alternatives Such As But Not Limited to Salt Water
That the City of Cathedral City hereby supports a comprehensive analysis and review of all water import alternatives, including salt water as a long- term solution for the restoration of the Salton Sea, and that an analysis of water import be incorporated into the State' s SSMP Plan.

Section 3. Severability

7.E.a
Packet Pg. 780 Attachment: 2019 Resolution (3300 : Resolution Supporting Funding for Engineering Study of Salton Sea Alternatives) That should any provision, section, paragraph, sentence or word of this Resolution 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 Resolution as hereby adopted shall remain in full force and effect.

Section 4. Repeal of Conflicting Provisions
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

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 Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Cathedral City held on this 23rd day of October 2019, by the following vote:

Ayes: 5- Councilmembers Lamb, Gutierrez and Gregory; Mayor Pro Tem Aguilar and Mayor Carnevale
Noes: None

Absent: None
Abstain: None
7/ 4
1Am. C11--/ j
Mar Carnevale, Mayor
ATTEST:
t II C. s
Tracey R. 44 artinez, City Clerk
APPROVED AS TQ FORM:

Eric S. Vail, City Attorney

7.E.a
Packet Pg. 781 Attachment: 2019 Resolution (3300 : Resolution Supporting Funding for Engineering Study of Salton Sea Alternatives) RESOLUTION NO. 2020- 60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY, CALIFORNIA, DECLARING ITS CONTINUED

SUPPORT FOR A COMPREHENSIVE ANALYSIS OF ALL WATER

IMPORT ALTERNATIVES AS PART OF THE LONG-TERM SOLUTION

FOR THE SALTON SEA
WHEREAS, the inflow of water to the Salton Sea has decreased and pursuant to the Quantification Settlement Agreement, mitigation water inflows ended on December 31, 2017, and without restoration or stabilization measures, the Salton Sea will rapidly decline; and
WHEREAS, the State of California (" State") has developed the Salton Sea Management Program (" SSMP") through departments within the California Natural Resources and Environmental Protection Agencies and is obligated to pay for certain costs related to habitat, air and water quality issues at the Salton Sea; and WHEREAS, the California State Water Resources Control Board has an oversight role in monitoring and ensuring progress towards the goals of the SSMP and has set a deadline of December 31, 2022 for the completion of a long- term plan regarding the Salton Sea; and
WHEREAS, eleven ( 11) proposals received by the State in 2018 in response to their Request for Information ( RFI) included a water importation component; and WHEREAS, the City Council adopted Resolution 2019- 37 on October 23, 2019 declaring support for a comprehensive analysis and review of all water import alternatives as a long-term solution for the restoration of the Salton Sea and that the results be incorporated into the SMP; and
WHEREAS, the State will require that any water import project proposal include an engineering and logistic feasibility study conducted on behalf of the proponent by an accredited or licensed engineering, planning, or equivalent organization recognized by the State prior to consideration by the SSMP; and
WHEREAS, the State prepared a Request for Proposals ( RPF) for an independent reviewer panel to conduct a feasibility study of water importation proposals in February 2020 and again in June 2020, neither of which received response; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council DECLARES its continued support for the completion of a comprehensive analysis and review of all water import alternatives as a

7.E.b
Packet Pg. 782 Attachment: CC Reso 2020-60 (3300 : Resolution Supporting Funding for Engineering Study of Salton Sea Alternatives) long-term solution for the restoration of the Salton Sea, and requests the analysis of said alternatives be incorporated into the SSMP.

SECTION 2. The City requests that the State continue to aggressively pursue the creation of an independent reviewer panel for the immediate analysis of water import alternatives in order to maintain the current December 31, 2022 completion deadline as set forth by the California State Water Resources Control Board for the long- term plan regarding the Salton Sea.

SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 28th day of October, 2020.

Jon guilar, May r
C thedral City
ATTEST:
l/IA-/( 1t
lat'
clt1/W-,C (
71'
Tracey R. rtinez, City Clerk
Cathedral City
I, TRACEY R. MARTINEZ, CITY CLERK of the City of Cathedral City, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Cathedral City held on the 28th day of October, 2020 by the following vote:

AYES: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tem Gregory and Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
4 Tracey R. artine , City Clerk
APPROVED AS TO FORM:

Eric S. Vail, City Attorney

7.E.b
Packet Pg. 783 Attachment: CC Reso 2020-60 (3300 : Resolution Supporting Funding for Engineering Study of Salton Sea Alternatives) RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY, CALIFORNIA, DECLARING ITS CONTINUED

SUPPORT FOR A COMPREHENSIVE ANALYSIS OF ALL WATER

IMPORT ALTERNATIVES AS PART OF THE LONG-TERM SOLUTION

FOR THE SALTON SEA
WHEREAS, the Ocean Water Importation Independent Review panel should consider potential carbon emissions when conducting the “comprehensive analysis of all water import alternatives,” that was requested by our city in 2019 and 2020 resolutions. This analysis should include emissions from a drying lakebed and proposed shallow water bodies as well as construction related emissions; and WHEREAS, the Long-Range Planning Committee of the Salton Sea Management Program should assess potential carbon emissions of all suggested longrange solutions to address the man-made problems of the Salton Sea; and WHEREAS, our support continues for consideration of water import alternatives to refill the Salton Sea. This is the long-range plan that seems most likely to restore the ecosystem, protect public health, support recreation and tourism, contribute to a vigorous regional economy, and avoid ongoing releases of greenhouse gases to the atmosphere

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY declare its continued support for the completion of a comprehensive analysis and review of all water import alternatives as a long-term solution for the restoration of the Salton Sea, and requests the analysis of said alternatives be incorporated into the SSMP.

PASSED, APPROVED AND ADOPTED this 22
nd day of June, 2022.

Ernesto Gutierrez, Mayor
ATTEST:

Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:

Eric S. Vail, City Attorney

7.E.c
Packet Pg. 784 Attachment: Salton Sea Resolution 2022- (002) (3300 : Resolution Supporting Funding for Engineering Study of Salton Sea Alternatives) I, TRACEY R. HERMOSILLO, CITY CLERK of the City of Cathedral City, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Cathedral City held on the 22 nd day of
June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Tracey R. Hermosillo, City Clerk

7.E.c
Packet Pg. 785 Attachment: Salton Sea Resolution 2022- (002) (3300 : Resolution Supporting Funding for Engineering Study of Salton Sea Alternatives) Cathedral City Page 1 of 3 Printed on 7/14/2022
Staff Report
City Council
Item No. 7.F
Meeting Date: June 22, 2022
From: Stone James, Economic Development Director
Title: Cove Community Artists Anson, Novak, & Townsley Street Sign Blade Topper Request
City Council
RECOMMENDATION:

Approve the Public Arts Commission's recommendation to memorialize the lives and contributions of accomplished Cathedral City artists Bill Anson, Joseph Novak, and Tim Townsley. The Toppers could be installed on existing street signs located at San Jacinto Road and Van Fleet (Bill Anson), San Jacinto Road and Glenn Avenue (Tim Townsley), San Jacinto Road and Cathedral Canyon (Tim Townsley), Bel Air Drive and Grandview Avenue (Joseph Novak), and Bel Air Drive and Valley Vista Drive (Joseph Novak). The Public Arts Commission would use Arts in Public Places funds in an amount not to exceed $1,778.00.

BACKGROUND:

Street Sign Blade Toppers (Topper or Toppers) are additional metal signs placed on top of existing street name sign blades. The name and/or images contained within the Toppers are intended to designate or memorialize a unique neighborhood, historic event, person, or feature. Studies have shown Toppers improve community identity, increase property values, and enhance community pride.

Toppers are not new to Cathedral City. Currently, toppers adorn street signs along Minerva Street (Candy Cane Lane), “F” Street (Agnes Pelton Way), and most recently, Grandview Avenue (Val Samuelson). Despite these Toppers having been placed, there was no formal application process. On March 11, 2020, the City Council approved the City’s first formal process so residents may install Toppers within their own communities.

Tonight’s agenda item is a request from the Public Arts Commission to memorialize the lives and contributions of three recently deceased Cathedral City Cove artists by adding Toppers to several Cathedral City Cove community streets.

DISCUSSION:

Since January 2020, the Public Arts Commission has been working on memorializing

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the lives and contributions of three recently deceased Cathedral City Cove artists. Their bio’s attached, artists Bill Anson, Tim Townsley, and Joseph A. Novak were impressive men who left an indelible mark. All three artists spent their final years living in the Cove, their life and works adding to Cathedral City’s rich history as an enclave for accomplished artists.

Based on where the three artists lived, Toppers are proposed to be placed:

Bill Anson: Mr. Anson lived on San Jacinto Road cul de sac west of the wash. A Topper is proposed to be placed:
1) On the corner of San Jacinto Road and Van Fleet Street.

Tim Townsley: Mr. Townsley lived on San Jacinto Road between Glenn Avenue and Cathedral Canyon Drive. Toppers are proposed to be placed:
1) On the corner of San Jacinto Road and Glenn Avenue
2) On the corner of San Jacinto Road and Cathedral Canyon Drive.

Joseph Novak: Mr. Novak lived on Bel Air Drive between Grandview Avenue and Valley Vista Drive. Toppers are proposed to be placed:
1) On the corner of Bel Air Drive and Grandview Avenue
2) On the corner of Bel Air Drive and Valley Vista Drive Formally approved by the Commission on September 14, 2020, and subsequently revisited on November 8, 2021, May 10, 2022, and June 14, 2022, the Commission is ready to bring this project to completion. The Street, Neighborhood and/or District Identification Street Sign Blade “Toppers” program outlines several steps. A key step is ensuring the community impacted by the Toppers is aware of and generally supportive of the initiative. Topper program step 1 requires,
Topper applicants must confer with the residents/businesses of the designated area through a public consultation process and must be able to demonstrate consensus amongst all involved and affected via a petition or questionnaire.

Given the risks associated with the COVID-19 pandemic, instead of going door-to-door, the attached letter was mailed on May 31, 2022. This letter was mailed to all residents on the streets between the respective Toppers. As of June 7, 2022, eight letters of support have been received and are attached to this report. No letters objecting to the project have been received.

With Council’s support, the Commission would like to finalize and submit the Street, Neighborhood and/or District Identification Street Sign Blade “Toppers” program application in hopes of completing the project by Q3 2022.

FISCAL IMPACT:

The Art in Public Places Fund Balance will be used to cover the total project cost of $1,778.00. The current Art in Public Places Fund Balance is $125,721.02.

ATTACHMENTS:

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2022-06-01 Anson Townsley Novak Sign Topper Location Map 2022-05-30 StreetSignTopper Complete Letter
2022-04-27 Townsley, Novak, and Anson 3 Custom Street Signs_1 Val Samuelson Way
Agnes Pelton Street Sign Topper Example
Bio-Bill Anson-Palm Springs Life Article
Bio-Joseph A. Novak-Attorney, Artist & Author
Bio-Tim Townsley
2022-06-06 Supporting Anson Townsley Novak Sign Toppers from Jessica Schiffman 2022-06-06 Supporting Anson Townsley Novak Sign Toppers from Robert E Reeves 2022-06-06 Supporting Anson Townsley Novak Sign Toppers from Simeon Den 2022-06-06 Supporting Anson Townsley Novak Sign Toppers from Victor Ide 2022-06-07 Supporting Anson Townsley Novak Sign Toppers from Shelly Kaplan 2022-06-07 Supporting Anson Townsley Novak Sign Toppers from Stephan Ash 2022-06-08 Supporting Anson Townsley Novak Sign Toppers from Jim Stennett 2022-06-08 Supporting Anson Townsley Novak Sign Toppers from Margie St. Anthony TOPPER PROGRAM and APPLICATION rev. 1 jac

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Packet Pg. 788
Bill Anson
San Jacinto cul de sac
Tim Townsley
San Jacinto Rd at Glenn Ave and
Cathedral Canyon Dr.

Joseph Novak
Bel Air Dr. at Grandview Ave
and Valley Vista Dr.

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Packet Pg. 789 Attachment: 2022-06-01 Anson Townsley Novak Sign Topper Location Map (3289 : Cove Community

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Packet Pg. 790 Attachment: 2022-05-30 StreetSignTopper Complete Letter (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade

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Packet Pg. 791 Attachment: 2022-05-30 StreetSignTopper Complete Letter (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade

BILL ANSON WAY

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Packet Pg. 792 Attachment: 2022-04-27 Townsley, Novak, and Anson 3 Custom Street Signs_1 (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade

JOE NOVAK WAY

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Packet Pg. 793 Attachment: 2022-04-27 Townsley, Novak, and Anson 3 Custom Street Signs_1 (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade

TIM TOWNSLEY WAY

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Packet Pg. 794 Attachment: 2022-04-27 Townsley, Novak, and Anson 3 Custom Street Signs_1 (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade VAL A. SAMUELSON WAY

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Packet Pg. 795 Attachment: Val Samuelson Way (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade Topper Request) Pg. 796 7F.e A
Palm Springs Artist Finds His Calling Later in Life
Former NASA engineer uses Bauhaus style that marries form and function

MARCIA GAWECKI
NOVEMBER 5, 2013
Some of his Bauhaus-style sculptures stand erect, like Chicago skyscrapers, while others appear more erotic like reclining nudes.

The series of four that he’s currently working on look more like creatures from the deep.

NASA engineer-turned sculptor Bill Anson owns a 2,000 square-foot gallery that bears his name in the Backstreet Art District, which hosts its “First Wednesdays” Art Walk Nov. 6 in Palm Springs.
“When I decided to become a full-time artist at age 55, my wife divorced me, and my kids stopped talking to me,” says Anson, now 79. “But you’re really not an artist if you only work on weekends.”
Anson has co-owned other galleries over the past 18 years, namely the Jake Dent Gallery, Art First in the desert, and the River Bend Gallery in Northern California.

Architectural Inspirations
He began taking classes in ceramics, and eventually moved to wood and steel. Over the past 25 years, he’s amassed an impressive body of work with a Bauhaus style that marries form and function, but is void of ornamentation.

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Packet Pg. 797 Attachment: Bio-Bill Anson-Palm Springs Life Article (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade Topper “When you look at Bill’s stuff, you see Bauhaus,” says Francisco Vargas, who owns the gallery next door.

During Word War II, Bauhaus artists like Mies van der Rohe moved to Chicago, where Anson grew up. However, he considers Los Angeles architect Frank Gehry as his biggest inspiration.
“Gehry designs buildings like Disney Concert Hall (in Los Angeles) intuitively, like an artist would,” he says of Gehry, who is best known for the Guggenheim Museum Bilbao in Spain.

Copper Fish Scales
Anson works primarily with cedar plywood to saw, glue and shape a sculpture. Then he covers it completely with small copper sheets secured with silicon-bronze nails.

Anson first saw this “fish scale” application at another artist’s gallery in San Francisco.

But it may harken back to the 12 years he spent working as a mechanical engineer for NASA subcontractors Lockheed Martin and General Electric. Anson remembers being asked to inspect a rocket capsule that was housed in a building the size of the Astrodome.
“I wasn’t looking forward to climbing 40 stories up, but first I had to pass an eye test,” Anson says. “That’s when I found out that I was colorblind.” By nailing down copper plates, Anson realized that he could create large-scale wooden sculptures that look like metal, without all the labor and costs of pouring and casting.

Anson always delivers his sculptures locally because he likes seeing where they end up.
“There was one sculpture that I hated, but one guy bought it,” says Anson. “He had a special spot in his back yard that was surrounded by vines on three sides, and when I saw it there, I loved it!”

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Packet Pg. 798 Attachment: Bio-Bill Anson-Palm Springs Life Article (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade Topper Joseph A. Novak
Attorney, Artist & Author
10/15/1930 – 10/23/2019
Joe Novak's focus throughout his career has been the exploration of color and light through abstraction. During the eighties and nineties, he painted large monochromatic color field canvases with tonal gradations and soft edges that infuse them with a meditative quality and a sense of movement. When illuminated they become glowing surfaces of color and light. The art critic Peter Frank has written of this work: "One step beyond Rothko's, Novak's paintings gently force the eye to breathe color."
During the nineties, while living and working in Santa Fe, New Mexico, Novak initiated a project called "Light Emanations", in which he created computerized programs of changing light levels and configurations on a selection of his large paintings, dramatically illustrating the effect of light changes on color perception.

Novak's work there drew the attention of Timothy Rub, currently director of the Philadelphia Museum of Art and former director of the Hood Museum of Art at Dartmouth College. Rub became the moving force behind Novak's 2002 Hood Museum exhibition "Joe Novak: Paintings, 1993-1999". His introduction in the accompanying catalogue compared Novak's paintings to those of Rothko and Morris Louis, concluding "... this is not a matter of superficial resemblance but rather of spiritual kinship with those who believed in the language of abstraction and the power of painting to offer the viewer an experience that is, in essence, transcendental... One cannot fully appreciate his paintings without seeing them under the controlled conditions of graduated lighting that he has conceived as an integral aspect of their presentation. For it is here that Novak's artistry is fully revealed."
Novak's body of work is extensive and includes paintings on canvas, panel and paper as well as monotypes, drawings, assemblages, mixed media and prints. He has often worked in series, focusing on a particular medium for years. Among these are "Meditations" (color pencil drawings), "Voices" and "Voices 2" (color aquatint etchings), "Echoes" (painting assemblages with minerals) and "Colors" (350 miniature panel paintings). In recent years his paintings have become more gestural, often with musical allusions.

He has said: "Creating art is a journey into the unknown that is challenging, fulfilling and sometimes magical. For me it is about having a vision, doing the work, being open, taking risks, respecting the materials and listening to the eye."
Novak's work is in many public and private collections, including numerous museum collections.

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Packet Pg. 799 Attachment: Bio-Joseph A. Novak-Attorney, Artist & Author (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade Tim Townsley
Artist
1944 - 2018
Tim Townsley began his career in Los Angeles where he was born and raised. He received his BA in Art from Cal State L.A. and held a Masters of Fine Art from Otis Art Institute. Townsley taught mural painting through the UCLA Extension program and for eight years taught figure drawing, color theory, and painting at Cal Arts (California Institute of the Arts).

Townsley gained extensive experience in the entertainment industry painting both matte paintings and backings for motion pictures. He also painted murals in prominent theme parks and for McClaren’s Home for Children for which he received a commendation from the L. A.

County Supervisors. More mural commissions followed in venues such as Las Vegas and the Queen Mary in Long Beach. He has continued to paint murals for retail stores and has been commissioned by UC Riverside for its C-Cert Bldg. and by UCLA for its Friends of Jazz program.

Townsley lives and works at his home/studio in the Cove area of Cathedral City. He has exhibited at major art venues throughout California and had been represented by the JNA Gallery (Bergamot Station, Santa Monica) and the Stephen Archdeacon Gallery (Palm Springs) until both closed in early 2014. He currently is represented by Coda Gallery in Palm Desert.

In 2013, he was awarded the Free Spirit Prize by the Artists’ Council (Palm Springs Art Museum); ArtLA featured his work on its magazine cover, after which he was chosen as one of the 100 Best Artists in California; and he exhibited on an electronic billboard on the Sunset Strip in West Hollywood.

In 2014, his work was exhibited in the Cathedral City City Hall; he had 2 pieces in the ‘Let’s Face It’ exhibit at UCR Palm Desert; and once again, a piece was chosen for the Los Angeles Art Association ‘Out There’ group show and they also selected a piece for its “Open Show.” In 2015, he had an exhibit entitled: “Philosophical Investigations” at UCR Palm Desert and his “Circles” exhibit was shown at the 29 Palms Art Gallery. He had pieces in two Artists’ Council exhibits: Archangel Gallery and the Palm Springs Art Museum, for which he was awarded the Preston Ormsbly Award for Painting. Townsley also returned to the UCR Palm Desert campus with his solo “Jazz Standards” exhibit.

In 2016, Pepperdine University exhibited “Philosophical Investigations;” he was the featured artist in the Cathedral City Artists Home Tour; had an opening at Coda Gallery in Palm Desert; was commissioned to create a piece to honor Barbara & Jerry Keller’s support of opera by OperaArts; exhibited in ‘Alimento’ at the First Congregational Church of Los Angeles; exhibited in ‘Animal Magnetism’ at UCR, PD; was awarded the Community Award for Excellence by the Artists Council (P.S. Art Museum.

In 2017, will participate in the Cathedral City Artists Home Tour; has been commissioned to paint two fallen soldiers by the City of Riverside, to hang in the Council Chambers; will exhibit at the Riverside Art Museum.

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Packet Pg. 800 Attachment: Bio-Tim Townsley (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade Topper Request) 1 Stone James
From: jessica schiffman <[email protected]>
Sent: Monday, June 6, 2022 8:21 PM
To: Stone James
Subject: Cathedral Cove artist Street names
Hi, I'm writing in support of the proposed artists' street signs in Cathwdral Cove. I hope the City Council will approve this project.

Best
Jessica schiffman
951-212-3783
Jessicaschiffman.com

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Packet Pg. 801 Attachment: 2022-06-06 Supporting Anson Townsley Novak Sign Toppers from Jessica Schiffman (3289 : Cove Community Artists Anson, 1 Stone James
From: shaper <[email protected]>
Sent: Monday, June 6, 2022 6:51 PM
To: Stone James
Subject: Cove Street Sign Toppers
Hello Steve,

As a 32 year resident/artist in the Cove, I would like to voice my support for the proposal to add street sign toppers to commemorate artists of the Cove and Cathedral City. Since its inception, this neighborhood has been home to a significant number of artists who have made major contributions to the local and national art scene. It is today, the home of many working artists such as myself and the more that can be done to draw attention to the art history embedded into the neighborhood, the better.

Thank you for your time and attention to this matter.

Robert E Reeves

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Packet Pg. 802 Attachment: 2022-06-06 Supporting Anson Townsley Novak Sign Toppers from Robert E Reeves (3289 : Cove Community Artists Anson, 1 Stone James
From: Simeon Den <[email protected]>
Sent: Monday, June 6, 2022 9:01 PM
To: Stone James
Cc: Sue Townsley
Subject: Sign Toppers
Dear Mr. James,
I am writing in support of the “sign toppers” proposal.

As a managing director of the not-for-profit Agnes Pelton Society and an advocate for community building here in our historic Cathedral City Cove, especially through the Arts, I know from experience that simple actions like identifying a neighborhood and proudly naming it for a former street resident is invaluable. Anyway you look at it, the return on that simple investment bears enumerative positives.

Please let me know if there are any other more specific ways in which I might be able to assist in supporting your efforts.

Best regards,
Simeon Den
Agnes Pelton Society
310-801-6538

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Packet Pg. 803 Attachment: 2022-06-06 Supporting Anson Townsley Novak Sign Toppers from Simeon Den (3289 : Cove Community Artists Anson, Novak, & 1 Stone James
From: Victor Ide <[email protected]>
Sent: Monday, June 6, 2022 6:32 PM
To: Stone James
Subject: Artist sign toppers
Hi Stone,
I received the letter from DeeAnn Hopings regarding the sign toppers here in The Cove. I wanted to let you know that I am in 100% support of the sign toppers for the artists proposed. I think this is the type of thing that makes Cathedral City such a great place to live.

What I love about living in The Cove is the sense of community. This is a great way to recognize local artists who were part of our community.

Thank you Stone for all you do for our community.

Vic Ide
--
Victor Ide
[email protected]
www.caringbeast.com

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Packet Pg. 804 Attachment: 2022-06-06 Supporting Anson Townsley Novak Sign Toppers from Victor Ide (3289 : Cove Community Artists Anson, Novak, & 1 Stone James
From: Shelley Kaplan <[email protected]>
Sent: Tuesday, June 7, 2022 6:53 AM
To: Stone James
Subject: Street toppers
Stone
I would like to strongly support the plan to install street toppers for the following artists as noted.

Bill Anson (one topper on San Jacinto & Van Fleet -- he lived in the house next to the east wash) Joe Novak (two toppers on Bel Air & Grandview and Bel Air & Knoll View) Tim Townsley (two toppers on San Jacinto & Cathedral Canyon and San Jacinto & Glenn)
This plan was proposed and voted on by the Public Arts Commission over 4 years ago when I was on council and the council supported this artist’s designation for appropriate locations in the city. This helps define the city for its artistic roots dating back to the 1920’s and 30’s when many occupants of the city were artists and continuing today. This is also consistent with the plans to better define neighborhoods in the future with street toppers and is consistent with previous actions that installed street toppers for Agnes Pelton and Val Samuelson. I hope the council will continue this important program by approving these new street topper requests.

Shelley

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Packet Pg. 805 Attachment: 2022-06-07 Supporting Anson Townsley Novak Sign Toppers from Shelly Kaplan (3289 : Cove Community Artists Anson, Novak, & 1 Stone James
From: Stephen Ash <[email protected]>
Sent: Tuesday, June 7, 2022 7:26 AM
To: Stone James
Cc: [email protected]
Subject: TIM TOWNSLEY STREET SIGN TOPPER
STONE: I do not know the other two but I did know TIM TOWNSLEY and he was quite an artist and deserves the recognition of a street sign in his name.

Tim was important in HOLLYWOOD. He was the guy who, if you needed a "MONA LISA" in your movie or T.V. sitcom, made one for you.

And he was also a passionate DODGER FAN.

Please help him have C.C. COVE recognition.

Regards,

STEVE ASH

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Packet Pg. 806 Attachment: 2022-06-07 Supporting Anson Townsley Novak Sign Toppers from Stephan Ash (3289 : Cove Community Artists Anson, Novak, & 1 Stone James
From: Jim S <[email protected]>
Sent: Wednesday, June 8, 2022 11:00 AM
To: Stone James
Cc: Willie Lebron
Subject: Proposed Joe Novak Way- Bel Air Drive
Mr. James,
I'm writing to voice my strong support and agreement to renaming a portion of Bel Air Drive, in Cathedral Cove, to honor Joe Novak, and placing the sign topper to mark it. It will be a fine addition to the neighborhood.

It's my privilege to live in the house that Mr. Novak owned before me, and I couldn't be happier. Although I never met Joe before his passing, I've seen much of his beautiful artwork in books and online. And every day I get up, I'm lucky enough to enjoy the house he renovated so beautifully, and the beautiful gardens he created. I spoke to a friend of Joe's on NextDoor.com shortly after moving in, and told him how much I loved the house. A few months later, a few days after Joe passed, his friend told me he'd had lunch with Joe a few weeks prior, and told him how much I loved the house. Joe said his greatest wish was that the house go to someone who loved it as much as he did. I think he would be happy, because I absolutely do. I'm so lucky.

Joe was clearly a man of incredible talent and vision, and the Cove was lucky to have him as a resident. I'm sure Bill Anson and Tim Townsley were amazing talents also. Thank you for honoring them too.

Thank you and the Cathedral City Public Arts Commission for the work you do. You make Cathedral City a better and special place to live, and I appreciate it. I'm glad I live here.

Sincerely,
Jim Stennett
38851 Bel Air Drive
(206) 328-0552

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Packet Pg. 807 Attachment: 2022-06-08 Supporting Anson Townsley Novak Sign Toppers from Jim Stennett (3289 : Cove Community Artists Anson, Novak, & 1 Stone James
From: [email protected]
Sent: Wednesday, June 8, 2022 8:53 AM
To: Stone James
Subject: Cathedral city artist toppers
Stone James
Economic Development Director
Cathedral city
Dear Mr James,
I would like to give my support of artist street toppers in cathedral city.

It’s a wonderful way to highlight and honor the many artists who gave our city its Unique sparkle.

Thank you.

Margie st. Anthony
68-500 San Jacinto Rd.

Sent from my iPad

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Packet Pg. 808 Attachment: 2022-06-08 Supporting Anson Townsley Novak Sign Toppers from Margie St. Anthony (3289 : Cove Community Artists Anson, City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade “Toppers”

INSTRUCTIONS AND APPLICATION
1 The City approval process for street, neighborhood and/or district identification "Toppers" outlined in this application covers only those signs to be placed above a City maintained street name blade assembly that is installed within the public right-of-way.

Understanding the Process
The following outlines the City's street, neighborhood and/or district Topper permitting, review and approval process. All Toppers will be subject to City Council final approval.

1. DESIGNATE THE BOUNDARIES OF THE STREET, NEIGHBORHOOD AND/OR

DISTRICT INTENDED TO RECEIVE TOPPERS
• Individuals and/or groups requesting to designate a street, a neighborhood and/or district using a single or multiple Toppers are responsible for identifying the street, neighborhood and/or district boundaries where the Topper(s) are proposed to be placed. This determination is the first step in the process and needs to be completed well before making the initial Topper application with the City. Topper applicants must confer with the residents/businesses of the designated area through a public consultation process and must be able to demonstrate consensus amongst all involved and affected via a petition or questionnaire. • Street/neighborhood/district boundaries need to reflect at least one of the following conditions:
a location of a historically or culturally significant person, an area of unique architecture or historic significance; a commercial district; a ceremonial purpose (such as a parade route, festival area, major sporting event course, etc.); an established neighborhood whether a specific subdivision or a zoning district; a City identified district. • Applicants must furnish a map of the area to be designated using Toppers, locations of the proposed Toppers and the quantities requested. The map needs to clearly illustrate street/neighborhood and/or district boundaries and significant features, including subdivision boundaries.

2. NAMES ON THE TOPPERS FOR THE STREET, NEIGHBORHOOD AND/OR DISTRICT • Names for street, neighborhoods and/or districts Toppers shall be unique, distinctive and clearly associated to the area that it is intended to represent. • Names on Toppers should convey a sense of place and community and should celebrate the distinguishing characteristics of the street, neighborhood and/or district. • Names on Toppers should be understandable, recognizable and explainable to the citizens of the community.

3. STREET, NEIGHBORHOOD AND/OR DISTRICT TOPPER SPECIFICATIONS • Maximum Topper sign blade dimensions are 26” wide and 12” tall. (The City will only authorize a maximum of one topper assembly per street name blade sign pole.) • Toppers will be constructed of 0.100” thick sheet aluminum with anti-fading/graffiti coating.

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Packet Pg. 809 Attachment: TOPPER PROGRAM and APPLICATION rev. 1 jac (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade “Toppers”

INSTRUCTIONS AND APPLICATION
2 • Text on Toppers will be legible for pedestrians and vehicular traffic. • Toppers can only be used to identify a street, neighborhood and/or district as previously stated.

Toppers cannot be used for purposes of commercial advertising, the promotion of any type of negative message or the promotion of date specific events. • Graphics and wording on the Toppers are subject to review and recommendation for approval by the City of Cathedral City Public Works Department, the Engineering Department’s Traffic Division and the City Manager prior to forwarding to City Council. • The City Council will make the final determination if the Topper is appropriate and if consensus amongst all involved and affected has been achieved. • Applicants are responsible for proposing Topper locations and, if approved, pay the fee for the fabrication and installation of each Topper by the City in accordance with the requirements within this application and payment of the applicable fees on a per Topper basis. Toppers will only be ordered and installed by the City of Cathedral City.

4. COMPLETE AND SUBMIT THE STREET, NEIGHBORHOOD AND/OR DISTRICT

TOPPER APPLICATION
• Submit completed Topper applications to the Cathedral City Public Works Department. The Public Works Department will review the application for conformance with the requirements of this policy prior to forwarding to the Engineering Department’s Traffic Division and City Manager. The City of Cathedral City reserves the right to refuse approval of an application for any reason.

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Packet Pg. 810 Attachment: TOPPER PROGRAM and APPLICATION rev. 1 jac (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade “Toppers”

INSTRUCTIONS AND APPLICATION
3 Application for Street, Neighborhood and/or District Toppers Submit completed applications to:

City of Cathedral City
Public Works Department
Attn: Public Works Manager
68-700 Avenida Lalo Guerrero
Cathedral City CA 92234

CONTACT INFORMATION
Name of Street, Neighborhood and/or District to be identified for the toppers:

Is the area to be identified using toppers part of an established street, neighborhood, subdivision, or commercial/business district?  Yes  No
Name of Person(s) Responsible for Application:

Address:

Full mailing address – City, State, Zip Code
Email:

Phone:

List phone number(s) where you can be reached during normal business hours Message to Appear on Proposed Topper:

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Packet Pg. 811 Attachment: TOPPER PROGRAM and APPLICATION rev. 1 jac (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade “Toppers”

INSTRUCTIONS AND APPLICATION
4 Map showing the street, neighborhood and/or district boundaries and the location of the existing street name sign blade poles where sign Toppers are proposed:

Sketch in this space and/or attach a map that clearly illustrates boundary limits and note all locations where Toppers are proposed

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Packet Pg. 812 Attachment: TOPPER PROGRAM and APPLICATION rev. 1 jac (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade “Toppers”

INSTRUCTIONS AND APPLICATION
5 Fees:
• $194.00 nonrefundable fee required when submitting this Topper application for City review.

If the topper application is recommended for City Council approval by City Staff, the Applicant will pay the following fees before being presented to the City Council:
• A $209.00 Topper Staff Report preparation fee.

If the topper receives approval from the City Council, the Applicant will pay the following fees:
• $100.00 graphics preparation fee. Single fee is applicable for one topper or multiple identically named toppers.
• $175.00 fee for the fabrication of each topper, installation hardware and delivery to the City.
• $80.00 fee for installation labor and equipment for each topper.

Once fees are paid, Toppers become the property of the City of Cathedral City. The City of Cathedral City reserves the right to remove Toppers for any reason, including but not limited to, Toppers that are damaged, faded or otherwise no longer serve their originally intended purpose.

The City of Cathedral City is not responsible to maintain Toppers and is not responsible for their replacement if they are missing, damaged or destroyed. Applicants may pay fees for replacement Toppersfor the City to install if maintenance and/or replacement is necessary. The feesto fabricate and install a replacement Topper is the same as the fee to install a new Topper.

Note: City Council reserves the right to make exceptions to this Topper Policy for signage and/or recognitions in conjunction with established student naming programs, school Topper programs, the Facility Naming Policy and any other overlapping naming recognition programs.

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Packet Pg. 813 Attachment: TOPPER PROGRAM and APPLICATION rev. 1 jac (3289 : Cove Community Artists Anson, Novak, & Townsley Street Sign Blade Cathedral City Page 1 of 4 Printed on 7/14/2022
Staff Report
City Council
Item No. 7.G
Meeting Date: June 22, 2022
From: Stone James, Economic Development Director
Title: Bringas Bridge Artwork: Public Art Commission Final Painting Recommendations
RECOMMENDATION:

Authorize the Public Arts Commission to commission artists Arianna Gurrola, Diane Morgan, Kellie Pellegrini, Karen Riley, and Yvonne Gaudet to produce 3' x 3' acrylic-oncanvas paintings of the attached images.

BACKGROUND:

Cathedral City has several key transportation corridors. East Palm Canyon, Dinah Shore Drive, Ramon Road, and Vista Chino allow west-east travelers to quickly traverse our city. North and south transportation corridors within our city, while equally vital, are limited. Date Palm Drive, Cathedral Canyon, and Landau are the primary north/south routes. During heavy rain fall, Cathedral Canyon Drive, one of only two north/south corridors within the southern portion of the city, was often shut down due to flooding at the Whitewater River low-water crossing.

Thankfully, the Cathedral Canyon Bridge project (Bridge or Project) has replaced the former low-water crossing. Fourteen years in the planning and processing stage, the Bridge was recently completed and is open to north-bound and south-bound traffic.

In 2019, the City Council voted to name the Cathedral Canyon Bridge after deceased Cathedral City resident Ms. Ofelia Bringas. Council chose to honor Ms. Bringas as a way to celebrate and memorialize the decades Ms. Bringas spent caring for hundreds of our Valley’s at-risk youth. The dedication of the Bringas bridge goes beyond a simple naming.

While walking, biking, or driving across the Bridge, travelers will see twenty (20) pilasters located on the street-level portion of the Bridge facing into the roadway. The twenty (20) Pilasters are planned to house two (2) bronze plaques, two (2) tile portraits of Ms. Bringas, and sixteen (16) individual Works. These pilasters have been designed to provide an approximate 3’ by 3’ picture-frame style inset for the placement of ceramic tile-based art. These pilaster picture frames (Pilaster) will provide an unforgettable opportunity to tell the story of Ms. Bringas’ life and contributions.

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On January 12, 2022, the City Council authorized the Public Arts Commission (Commission or PAC) to proceed with the estimated $50,000.00 Project. These costs were subject to adjustment once more accurate shipping, tile printing, and mounting costs were confirmed.

On April 27, 2022, the City Council authorized the Public Arts Commission to proceed with the Bridge Project at a cost not to exceed $57,776.00. The Council also requested examples of the artwork (Work or Works) to be commissioned be brought back before Council for review and approval prior to commissioning.

Pursuant to Council’s direction, the Public Arts Commission has worked with all five artists to produce the attached mock-ups. These mock-ups are the result of frequent back-and-forth between the PAC and the artists since April 27th. While additional finetuning will be made, these images substantially represent the final proposed products. These images were reviewed and approved by the Commission during a special PAC meeting on May 31st. The Commission is recommending the attached Works for Council consideration and approval this evening.

DISCUSSION:

Members of the Public Arts Commission and the Mayor have had multiple meetings with Ms. Bringas’ son and daughter-in-law, Henry and Michele Bringas. These in-depth discussions and online research have led the Commission to identify the following themes as most representative of Ms. Bringas’ life and contributions.

These themes and the artists responsible for painting these themes include:

Artist Themes for the Sixteen (16) Pilasters and Assigned Artists

1. Education
(Karen Riley)

9. Ms. Bringas surrounded by community
(Diane Morgan)

2. Cathedral City Boys and Girls Club
(Karen Riley)

10. Fundraising
(Yvonne Gaudet)

3. Love of animals
(Yvonne Gaudet)

11. The legendary avocado green station
wagon transporting children
(Diane Morgan)

4. Overcoming language barriers
(Yvonne Gaudet)

12. Miss Bee
(Diane Morgan)

5. Hispanic American background
(Yvonne Gaudet)

13. Sugar skull/Dia de los Muertos
celebration
(Arianna Gurrola)

6. Food insecurity
(Karen Riley)

14. Instilling hope and opportunity within
her children
(Kellie Pellegrini)

7. Leader and a mentor
(Karen Riley)

15. War on poverty
(Kellie Pellegrini)

8. All children benefited by her
(Diane Morgan)

16. No tolerance for gang activity
(Arianna Gurrola)

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To ensure a quality finished product, the Commission is treating the Bridge as one art installation. Care is being taken to ensure continuity between the various Works. This includes (i) all art must utilize a similar medium (acrylic paint on 3’ by 3’ stretched and framed canvas), (ii) only a handful of artists are being engaged to ensure style consistency between the various Works, (iii) each artist will be assigned themes based on their individual strengths and interest, and (iv) each artists’ work will be strategically located on the bridge.

The Bridge dedication ceremony is scheduled to occur on September 30, 2022.

Approval tonight of the attached images will provide the Commission just enough time to ensure the works are painted and installed by September 30th. Some of the steps which must be taken by the Commission between now and September 30th include:
1) Commission the various Works.
2) Receive, inspect, request any modifications to, and ultimately approve each Work.
3) Ship the individual Works to a Colorado-based ceramic tile manufacturer. This manufacturer must: (a) prepare the digital Works, (b) inspect, compare and adjust digital colors to match the actual painted colors, (c) print the Works onto ceramic tiles, (d) fire-bake the ceramic tiles, (e) inspect and approve the finished tiles, and (f) package and ship the finished tiles back to the City. The tile manufacturer anticipates these steps will require a minimum of six weeks to accomplish.
4) Upon receipt of the completed tiles, professionally install each mural on the Bridge.

FISCAL IMPACT:

The total Bringas Bridge artwork, shipping, and tile installation will not exceed $57,776.

This project will be funded through the Art in Public Places fund. The Art in Public Places fund balance is $125,721. The creation and installation of the two bronze plaques is being paid through bridge construction funds and are not a part of this PAC Project.

ATTACHMENTS:
2022-05-31 Bringas Bridge Yvonne Gaudet All Four Images 2022-05-31 Bringas Bridge Kellie Pellegrini HOPE
2022-05-31 Bringas Bridge Kellie Pellegrini UPWARD MOBILITY 2022-05-31 Bringas Bridge Karen Riley Four Sketches
2022-05-31 Bringas Bridge Diane Morgan Miss Bee
2022-05-31 Bringas Bridge Diane Morgan Ms Bringas surrounded by her community 2022-05-31 Bringas Bridge Diane Morgan Her legendary avocado green station wagon transporting children

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Packet Pg. 816
Cathedral City Page 4 of 4 Printed on 7/14/2022
2022-05-31 Bringas Bridge Diane Morgan EXAMPLE OF DETAIL ONLY James Dean and his Porsche 30 x 48 oil
2022-05-31 Bringas Bridge Diane Morgan All children benefited by her 2022-05-31 Bringas Bridge Ariana Revised Image 1
2022-05-31 Bringas Bridge Ariana Revised Image 2
2022-04-15 Artwork Location Map by Pilaster

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Packet Pg. 817

7.G.a
Packet Pg. 818 Attachment: 2022-05-31 Bringas Bridge Yvonne Gaudet All Four Images (3288 : Bringas Bridge Artwork: Public Art Commission Artist Recommendations)

7.G.b
Packet Pg. 819 Attachment: 2022-05-31 Bringas Bridge Kellie Pellegrini HOPE (3288 : Bringas Bridge Artwork: Public Art Commission

7.G.c
Packet Pg. 820 Attachment: 2022-05-31 Bringas Bridge Kellie Pellegrini UPWARD MOBILITY (3288 : Bringas Bridge Artwork: Public Art

7.G.d
Packet Pg. 821 Attachment: 2022-05-31 Bringas Bridge Karen Riley Four Sketches (3288 : Bringas Bridge Artwork: Public

7.G.e
Packet Pg. 822 Attachment: 2022-05-31 Bringas Bridge Diane Morgan Miss Bee (3288 : Bringas Bridge Artwork: Public Art Commission Artist Recommendations)

7.G.f
Packet Pg. 823 Attachment: 2022-05-31 Bringas Bridge Diane Morgan Ms Bringas surrounded by her community (3288 : Bringas Bridge Artwork: Public Art Commission Artist Recommendations)

7.G.g
Packet Pg. 824 Attachment: 2022-05-31 Bringas Bridge Diane Morgan Her legendary avocado green station wagon transporting children (3288 : Bringas Bridge Artwork: Public Art Commission Artist Recommendations)

7.G.h
Packet Pg. 825 Attachment: 2022-05-31 Bringas Bridge Diane Morgan EXAMPLE OF DETAIL ONLY James Dean and his Porsche 30 x 48 oil (3288 : Bringas Bridge Artwork: Public Art Commission Artist

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Packet Pg. 826 Attachment: 2022-05-31 Bringas Bridge Diane Morgan All children benefited by her (3288 : Bringas Bridge Artwork: Public Art Commission Artist Recommendations)

7.G.j
Packet Pg. 827 Attachment: 2022-05-31 Bringas Bridge Ariana Revised Image 1 (3288 : Bringas Bridge Artwork: Public Art Commission Artist Recommendations)

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Packet Pg. 828 Attachment: 2022-05-31 Bringas Bridge Ariana Revised Image 2 (3288 : Bringas Bridge Artwork: Public Art Commission Artist Recommendations) Ofelia Bringas Bridge Plaques, Portraits, and Artwork Placement 11 12
14 13
15 16
17 19
18 20
10 9
7 8
6 5
4 2
3 1 N
North Bound Traffic

1. Bronze Plaque

2. Artwork

3. Artwork

4. Artwork

5. Artwork

6. Artwork

7. Artwork

8. Artwork

9. Artwork

10. Tile Portrait Photo
South Bound Traffic

11. Bronze Plaque

12. Artwork

13. Artwork

14. Artwork

15. Artwork

16. Artwork

17. Artwork

18. Artwork

19. Artwork

20. Tile Portrait Photo
Pilasters Pilasters
Cathedral Canyon Drive Bridge
Created by: Stone James
April 4, 2022
South Bound Lane North Bound Lane

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Packet Pg. 829 Attachment: 2022-04-15 Artwork Location Map by Pilaster (3288 : Bringas Bridge Artwork: Public Art Cathedral City Page 1 of 1 Printed on 7/14/2022
Staff Report
City Council
Item No. 7.H
Meeting Date: June 22, 2022
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to COVID-19
City Council
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.

7.H
Packet Pg. 830

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