CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, June 22, 2022
5:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
THIS MEETING WILL BE CONDUCTED IN PERSON AND VIA VIDEOCONFERENCE. IF YOU WOULD LIKE TO ATTEND VIA ZOOM PLEASE USE THE FOLLOWING LINK TO REGISTER IN ADVANCE:
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MAYOR
Ernesto Gutierrez
CITY COUNCIL MEMBERS
Mayor Pro Tem
Rita Lamb
Councilmember
Mark Carnevale
Councilmember
Nancy Ross
Councilmember
Raymond Gregory
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• INVOCATION (MOMENT OF REFLECTION)
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.
1. SPECIAL PRESENTATION
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A. Presentation - LifeStream Update
Recommendation: There is no formal action required for this item. It is a presentation only.
2. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.
3. COUNCIL REPORTS
This is an opportunity for each member of the City Council to report on any conferences they attend, local events or make any other comments they may have.
4. CONSENT AGENDA
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.
A. Waive Full Reading of Ordinances on Agenda
B. Minutes Approval
1. City Council - Study Session - Jun 8, 2022 3:00 PM
2. City Council - Regular Meeting - Jun 8, 2022 5:30 PM C. Receive and File Payment of Claims and Demands for May 2022 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency and the Cathedral City
Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of $5,582,885 for the month of May 2022.
D. DAP / Revivals Volunteer Appreciation Dinner
Recommendation: To approve a Special Use Permit authorizing the Desert AIDS Project to hold a volunteer appreciation dinner at the Cathedral City Community Amphitheater on April 2, 2023.
E. Authorize the City Manager to negotiate and execute necessary right of way agreements for the Active Transportation Program (ATP) Cycle 5 Project
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Recommendation: Authorize the City Manager and/or designee to negotiate and execute the necessary right of way agreements and all ancillary documents necessary for the Active Transportation Program (ATP) Cycle 5 Project; and authorize the payments for the easements and other costs associated with the Right of Way portion of each Project in the amount of $34,800 and authorize a 20% contingency in the amount of $6,960 for a total of $41,760; and authorize a General Fund Budget
Amendment to provide the funding.
F. Contracts for Triennial On-Call Services for Surveying, Traffic Engineering, and Material Testing Services
Recommendation: Award triennial on-call and/or as needed service contracts to: Albert A. Webb Associates and GIS Surveyors, Inc. for Professional Land Surveying and Mapping Services; award Albert A. Webb Associates, Advantec Consulting Engineers, Inc. and STC Traffic, Inc. for On-Call Traffic Engineering Services; and award Landmark Consultants and Inland
Foundation Engineering, Inc. for Material Testing Services and Professional Geotechnical Recommendations; and
Authorize the Director of Engineering/ Public Works to
negotiate to reduce the final labor, equipment, and additional work rates; and Authorize the City Manager to execute all required contracts.
G. Recission of the Subdivision Agreement for Tract No. 37555, Located at 68945 Perez Road, and Release Tract Securities Upon Completion of Certain Conditions for Substitute Project, Conditional Use Permit No.
CUP 20-10.
Recommendation: Rescind the Subdivision Agreement for Tract No. 37555, executed on October 23, 2019, located at 68945 Perez
Road, and release all related subdivision agreement
securities, contingent upon the completion of certain
conditions of approval for Conditional Use Permit No. 20-10, a substitute Project for the same parcel, approved by the Planning Commission on April 20, 2022.
H. Acceptance of Century Park Neighborhood, Ramon Road, and Corral Road REAS Projects
Recommendation: Accept and approve the following REAS Projects: Century Park Neighborhood Rehabilitation (C08663), Ramon Road
East (C08511), and Corral Road (C08510), as final; and
authorize the City Manager to file a Notice of Completion with the Riverside County Recorder's office on behalf of the City Council; and authorize the release of retention funds to Petrochem Materials Innovation, LLC (PMI) upon expiration of the Notice of Completion.
I. Accept Resignation of Kevin Brandt from the Planning Commission Cathedral City P a g e 4
Recommendation: To accept the resignation of Kevin Brandt from the Planning Commission effective June 30, 2022 and direct staff to
proceed with filling the vacant seat.
J. Calling a General Municipal Election to be held Tuesday, November8, 2022, Requesting Riverside County Provide Election Services and Establishing Regulations for Candidates Filing an Optional Candidate Statement
Recommendation: To adopt a Resolution calling and giving notice of a General Municipal Election to be held on Tuesday, November 8,
2022, for the election of certain officers and requesting the Board of Supervisors of the County of Riverside to
consolidate the General Municipal Election with the
Statewide General Election to be held pursuant to California Elections Code Section 10403. It is further recommended that the City Council adopt a Resolution establishing
regulations for elective office pertaining to materials submitted to the voters at an election to be held on
November 8, 2022.
5. ITEMS PULLED FROM CONSENT
6. PUBLIC HEARINGS
A. Approve the CDBG FY 2022-27 Consolidated Plan and FY 2022-23 Annual Action Plan
Recommendation: Approve the FY 2022-2027 Consolidated Plan (Con Plan) and the FY 2022-23 Annual Action Plan (AAP) for submittal to the U.S. Department of Housing and Urban Development (HUD); and, authorize the City Manager, or designee, to execute the required certifications; and, execute all funding agreements and documents consistent with the FY 2022-
2023 Annual Action Plan.
7. LEGISLATIVE ACTIONS
A. Notice of Intent to Form a Community Facilities District (CFD) for Parks and Recreation Services
Recommendation: Adopt the two (2) resolutions to begin the process of the CFD formation:
· Resolution of Intention to Form a Community
Facilities District and Levy a Special Tax in the City of Cathedral City Community Facilities District No. 2022-
1(Cathedral City Park & Recreation Services), to Fund
Public Services and Finance the Development of Certain
Public Facilities
· Resolution of Intention to Incur Bonded Indebtedness
in an Amount Not to Exceed $39,000,000 in and for the City Cathedral City P a g e 5
of Cathedral City Community Facilities District No. 2022-1 (Cathedral City Park & Recreation Services) to Finance the Development of Certain Public Facilities
B. Award a Design Professional Services Agreement with Verde Design for the Cathedral City Dream Homes Park Project, City Project No. C07021, in the amount of $533,288.
Recommendation: Authorize the City Manager to execute a Design Professional Services Agreement with Verde Design in the amount $533,288 for the Dream Homes Park Project (City
Project No. C07021) for Professional Landscape Architect, Design, and Engineering Services; and, a 5% contingency in the amount of $26,712 for unforeseen design related
contingencies making the total Project encumbrance
$560,000.
C. Award Matich Corporation a Contract for Century Park, Sarah Street and Avenida Los Ninos Street Rehabilitation CIP Projects and Authorize a Budget Amendment
Recommendation: Award a contract to Matich Corporation in the amount of $1,325,141 for the construction of the Century Park
Neighborhood Street Rehabilitation (C08663), Sarah Street Pavement Rehabilitation (C08512), and Avenida Los Ninos Surface Widening (C08513) projects; and, approve a twenty percent (20%) contingency in the amount of $233,592.20 for any unforeseeable construction costs; thereby, making the total encumbrance for this Project $1,558,733.20; and,
authorize the City Manager to execute the contract
documents; and, authorize the Director of
Engineering/Public Works to issue the Notice of Proceed and request bonds and insurance for the project; and,
authorize an SB-1 budget amendment in the amount of
$242,524.86 for the Century Park Neighborhood
Rehabilitation; and to authorize a budget amendment to use the remaining funds from the Sarah Street Rehab Project for the construction of Avenida Los Ninos Project in the amount of $36,292.74; and to authorize a budget amendment to use the remaining funds in the Unidentified MOE Project in the amount $28,802.80 for the construction of Avenida Los
Ninos Project; and authorize a General Fund budget
amendment in the amount of $43,837 for the construction of Avenida Los Ninos Project.
D. Five-Year Strategic Plan Community Survey and Facilitation Consultants
Recommendation: Approve a FY2022-23 budget amendment in the amount of $95,880; and authorize the City Manager under his authority to execute all required agreements in a form approved by the City Attorney.
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E. Resolution Supporting Engineering Study of Salton Sea Water Import Alternative
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.
F. Cove Community Artists Anson, Novak, & Townsley Street Sign Blade Topper Request
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.
G. 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.
H. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.
Update on Emergency Actions taken by City, County, State of Federal Agencies.
Possible consideration of additional measures to be taken.
Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
8. DISCUSSION ON FUTURE AGENDA ITEMS
This is an opportunity for members of the City Council to request that, and for the City Council to discuss whether, one or more items should be added to the agenda of a future regular or special City Council meeting. To comply with the Brown Act, discussion should be limited to whether to add the item(s), and direction given to the City Manager regarding scheduling and prioritization of the item(s).
9. CLOSED SESSION
ADJOURN
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NOTES TO THE PUBLIC:
The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.
If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 68-700 Avenida Lalo Guerrero during normal business hours. In addition, such documents will be posted on the City’s website at www.cathedralcity.gov.
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Staff Report
City Council
Item No. 1.A
Meeting Date: June 22, 2022
From: Tracey Hermosillo, City Clerk
Title: Presentation - LifeStream Update
RECOMMENDATION:
There is no formal action required for this item. It is a presentation only.
BACKGROUND:
LifeStream has served the Inland Empire and surrounding areas since 1951 providing lifesaving blood products and services to more than 80 Southern California hospitals and medical facilities. As a non-profit organization, LifeStream relies upon the generosity of more than 500 blood donations daily.
DISCUSSION:
Jacob Peykani, LifeStream Regional Account Manager, will be providing an update on their blood supply, what Cathedral City is doing with holding community drives and the 9 Cities Challenge that will take place in July and August.
FISCAL IMPACT:
There is no fiscal impact with this item.
1.A
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CITY COUNCIL
MINUTES
Study Session
Wednesday, June 8, 2022
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
This meeting was conducted in person and by Zoom.
• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 3:00 PM
Rita Lamb Mayor Pro Tem Present 3:00 PM
Mark Carnevale Councilmember Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM
• AGENDA FINALIZATION
There were no changes to the agenda.
1. PUBLIC COMMENT
Brad Anderson indicated that he is not in support of the Desert Recreation District and feels his comments in the minutes of May 25, 2022, should be corrected. He indicated that he attended the Planning Commission meeting and feels that people don't know where to go when they come to City Hall to attend meetings. He expressed his concern with the upcoming presentation on Children's Discovery Museum and urged the City to be cautious of private organizations when asking for funding.
2. CLOSED SESSION
City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following item on the agenda.
A. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1):
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Name of Case and Number: Verano Recovery, LLC
Case Number: 2:21-bk-14127-BB
The City Council recessed to Closed Session at 3:05 p.m.
The City Council reconvened at 3:40 p.m.
City Attorney Eric Vail announced the City Council met in Closed Session to discuss Item 2A. Conference with Legal Counsel for one case of existing litigation. There was no reportable action taken.
3. STUDY SESSION
A. Presentation - Acrisure Arena/Firebird Hockey Information and Update Recommendation: There is no formal action required for this item. It is a presentation only.
Arturo Aviles, Community Engagement Manager of Acrisure Arena, provided information on the arena and the AHL Firebirds, a professional hockey team. The following points were presented:
• Oak View Group Background
• Developments
• Leaders- Tim Leiweke, and Irving Azoff
• Partnerships
• Progressive, Responsible and Sustainable Venues
• Location of Acrisure Area
• Traffic Management Plan
• Interior Seating and Design
• Events
• Construction
• Website
• Coachella Valley Firebirds- Street Hockey, Retail Store, and Tickets This item was for information and discussion only, there was no formal action taken by the City Council.
B. Presentation - Children's Discovery Museum of the Desert Recommendation: There is no formal action required for this item. It is a presentation only.
Cindy Burreson, Chief Executive Officer, Children's Discovery Museum of the Desert, provided an overview of the museum's history, how the pandemic affected them, their re-imagination project their fundraising efforts and call to action from the City. The following points were presented:
• Mission Statement
• The Pandemic
• Reimagination
• Campus Plan
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• CDMoD Children’s Museum Concept
• Exhibits
• Other Cities Offering Support
• How Cathedral City Can Help
This item was for information and discussion only, there was no formal action taken by the City Council.
C. Presentation - Health Assessment and Research for Communities (HARC)
Recommendation: There is no formal action required for this item. It is a presentation only.
Jenna LeCompte-Hiney, PhD, Chief Executive Officer, HARC, provided information on the sixth triennial Coachella Valley Community Health Survey that will be conducted in 2022, how their data is used to secure outside funding for cities and local non-profits that serve the residents of Cathedral City, and requested that the City Council consider funding for their upcoming survey.
This item was for information and discussion only, there was no formal action taken by the City Council.
D. 2022 Firework Enforcement and Response Activity
Recommendation: Information and Discussion Only
Police Commander Jon Enos and Fire Chief John Muhr provided an overview on the 2022 Firework Enforcement and Response Activity plan for the upcoming 4th of July Holiday. The following points were presented:
• 4
th of July History
• Calls for Service
• Community Education
• Operation Plan
• Fire Department Related Plan
Mayor Ernesto Gutierrez requested that staff look into the possibility of utilizing drones for enforcement.
This item was for information and discussion only, there was no formal action taken by the City Council.
ADJOURN
Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:20 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
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Minutes Acceptance: Minutes of Jun 8, 2022 3:00 PM (Minutes Approval)
CITY COUNCIL
MINUTES
Regular Meeting
Wednesday, June 8, 2022
5:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
This meeting was conducted in person and by Zoom.
• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE
Councilmember Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION)
Councilmember Mark Carnevale offered the Invocation.
• ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 5:30 PM
Rita Lamb Mayor Pro Tem Present 5:30 PM
Mark Carnevale Councilmember Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM
• AGENDA FINALIZATION
There were no changes to the agenda.
1. PUBLIC COMMENT
Dorian Whitney commented on various programs offered by other cities in the Coachella Valley. He feels every city should provide money to their residents.
Brad Anderson commented on the Coachella Valley Mosquito and Vector Control Board, and the West Nile Virus, which has been detected in the East Valley.
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Alexis Romero, Free MMA, provided an brief overview and background of Free MMA, a local business in Cathedral City. She stated that they are struggling and reaching out for help from the City.
2. COUNCIL REPORTS
Mayor Pro Tem Rita Lamb reported that she attended the Parks and Community Events Commission meeting and thanked outgoing Commissioner Gary Marshall for all his contributions to the Commission and the City. She stated that Gary has been appointed to serve on the Coachella Valley Conservation Commission Trails Management Subcommittee and recently facilitated a meeting with the Executive Director of Coachella Valley Mountains Conservancy, Jim Karpiak and Doug Evans, a resident, which was a great meeting. He reported that she attended the Mosquito and Vector Control Board meeting, where they discussed their strategic plan. She reported that she attended the AMVETS Memorial Luncheon held at Nicolinos, and thanked Councilmember Mark Carnevale for hosting the event. She reported that she spoke with JoAnne Kennon from the Rotary about the Fields of Valor event, formally known as the Healing Field. She also reported that she met with Ani Gasparyan, from the Desert Sun, who was a delight to talk with. She reported that she attended the Cathedral City High School and Mt. San Jacinto High School street naming ceremony. She announced that she will be attending the upcoming CVAG Conservation Commission meeting, where they will discuss the Multiple Species Habitat project. She reported that she spoke to Karen Riley from the S.C.R.A.P.
Gallery, related to developing a list of events to disseminate to the public. She announced that there will be a March for Gun Safety held Nationally at multiple locations throughout the United States on June 11, 2022. She also reported that she received resident inquiries related to code compliance and Little League. She met with Chris Harami, resident, to discuss great ideas for the lower Cove area.
Councilmember Raymond Gregory hopes everyone had a good Memorial Day Holiday. He reported that he attended the CVAG Finance Committee meeting, where they did an audit and discussed billing for some of their functions. He reported on the Special City Council meeting held on June 1, 2022, where they interviewed for vacant seats on the Commissions. He along with his colleagues, attended the Cathedral City High School and Mt. San Jacinto High School street naming ceremony. He reported that he attended the CVAG Transportation Commission’s ribbon cutting of the Route 60 Truck Lanes. He reported that he attended the Visit Greater Palm Springs kick-off of Restaurant Week. He also reported that he attended the CVAG Transportation Commission meeting and provided an overview on current legislation. He announced that the next “Dinner with Patsi” will be held at the Runway on June 15, 2022, which will benefit the Cathedral City Police Department Explorer Program. He also announced that the Summer Pool Program at Cathedral City High School has started, more information can be found on Discovercathedralcity.com or the Desert Recreation District’s website.
Councilmember Nancy Ross reported that she attended a party for former Public Arts Commissioner Sue Townsley. She reported that she, along with her husband, spent the Memorial Day Weekend supporting several non-profits. She mentioned it was her son’s 32nd birthday. She also reported that she met with her financial executive and took an annual survey with her accountant. She reported that she attended the going away luncheon for Chris Parman and wished him and his
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husband the best of luck. She announced LGBTQ month. She reported that she met with several constituents who are in opposition to a new gas station project in the City and respects their efforts. She stated that she continues to spend time each week assisting a former Commissioner. She, along with her fellow Councilmembers, attended the Cathedral City High School and Mt. San Jacinto High School street naming ceremony. She reported that she spoke with a Parks and Community Events Commissioner, which reminded her that there is still much to do at the City’s parks and feels the Commission is doing a great job. She also reported that she attended the festivities for Restaurant Week and ran into Councilmember Raymond Gregory.
She reported that she met with Lucas Pinon from Congressman Ruiz’ office, where they discussed Cathedral City. She provided a brief overview of Free MMA, a local mixed martial arts business in Cathedral City.
Councilmember Mark Carnevale thanked Mayor Pro Tem Rita Lamb for attending the AMVETS Memorial Luncheon hosted at his restaurant. He reported that he attended the Cathedral City High School and Mt. San Jacinto High School street naming ceremony with his fellow Councilmembers. He reported on the June 1, 2022, Special City Council meeting. He also reported that he met with Mr. Howell from Cathedral City High School to discuss the school’s band and a program to get new equipment. He reported that he spoke with representatives from Free MMA and plans to provide a donation to them from his discretionary fund. He also reported that he will be donating discretionary funds to the Rotary for the upcoming Fields of Valor, formally known as the Healing Field. He reported that he met with City Manager Charles McClendon and Assistant City Manager Katherine Fuentes to discuss outsourcing some help for the unhoused. He, along with Mayor Gutierrez, met with Police Chief Crum for an update on the homeless. He also met with Stone James, Economic Development Director, for an update on the Suniva project, which should be moving forward soon. He reported that he spoke to representatives from Sage Investments related to a proposed gas station project in the City, which he feels will bring in many benefits to the City. He announced that Monster Shakes is a new business in the City and encouraged everyone to stop by for delicious desserts and to support them.
Mayor Ernesto Gutierrez reported that he met with City Manager Charles McClendon and Assistant City Manager Katherine Fuentes for their regular weekly meeting. He reported that he had lunch with Police Chief Crum and later stopped by City Hall to visit Chris Parman on his last day. He also met with Chris Parman and his husband for lunch to thank him and say goodbye. He reported that he met with a developer interested in building a 2024-unit complex within District 4, which was a beautiful project. He reported that he attended the recent Special City Council meeting and the Cathedral City High School and Mt. San Jacinto High School street naming ceremony. He also reported that he attended a lunch meeting with the PSUSD Human Resources Director to discuss some issues at Landau Elementary School, which City staff is working on. He received several resident concerns related to illegal food vendors, noisy neighbors, and street conditions. He also received concerns related to the condition of Varner Road, which is in very bad shape. He spoke with two business owners that are having issues with homeless and is working with staff to try and alleviate the issue. He reported that he met with Ani Gasparyan, from the Desert Sun, who wanted to get to know the Councilmembers, which was a great experience. He reminded everyone, as temperatures rise, to
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contact Southern California Edison at (800)736-4777, for information on discount programs.
3. CONSENT AGENDA
A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tem Lamb to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
M.O. 2022-106
B. Minutes Approval
The Regular City Council meeting minutes of May 25, 2022 will be amended to reflect that Brad Anderson's public comment was in support that the annexation into the Desert Recreation District be taken to a vote of the people.
M.O. 2022-107
1. City Council - Special Meeting - May 18, 2022 2:00 PM
2. City Council - Study Session - May 25, 2022 3:00 PM
3. City Council - Regular Meeting - May 25, 2022 5:30 PM
4. City Council - Special Meeting - Jun 1, 2022 2:00 PM C. Fiscal Year (FY) 2022/2023 Appropriations Limit, Gann Initiative Limitation
Recommendation: Approve the City’s appropriations limit for the FY 2022/2023, Gann Initiative Limitation
Reso 2022-23
D. Assessment of Special Assessments Against Properties for Nuisance Abatement Costs Incurred During Fiscal Year 2021-2022
Recommendation: Adopt a Resolution confirming and imposing special assessments against certain properties for recovery of
nuisance abatement costs and providing for collection.
Brad Anderson expressed his concern with Special Assessments.
Reso 2022-24
E. Adopt a Resolution Accepting Public Improvements Completed for Conditional Use Permit CUP 20-018 and Releasing Certain Improvement Securities: Amazon HUB Center, at Southeast Corner of Date Palm Drive and Converse Road: AG Cathedral City Owners, LLC: Developer Recommendation: Adopt the resolution accepting the public improvements
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constructed for Conditional Use Permit CUP 20-018, at the intersection of Date Palm Drive and Converse Road;
authorizing the release of certain agreement securities described in the Resolution, and; authorize the Director of Engineering to file a Notice of Completion for the Project.
Reso 2022-25
M.O. 2022-108
F. Approval of Settlement Agreement and Amended and Restated Purchase and Performance Agreement
Recommendation: Approve the following:
1. Settlement Agreement, by and between the City of
Cathedral City and Verano Recovery, LLC; and
2. Amended and Restated Purchase and Performance
Agreement, by and between the City of Cathedral City and Verano Recovery, LLC, relating to the development of
portions of Rio Vista Village.
M.O. 2022-109
G. Approval of a Resolution to Summarily Vacate an unused five-foot wide Public Utility Easement on Lot 33 and a portion of Lot 32 of Cathedral Estates No. 2, located at the Southwest corner of Victoria Drive and Eagle canyon Drive (Vacation No. 2022-01).
Recommendation: Approve and adopt the Resolution summarily vacating all City and public interests in a five-foot wide Public Utility Easement on Lot 33 and a portion of Lot 32 of Cathedral Estates No. 2 Subdivision, located at the southwest corner of Victoria Drive and Eagle Canyon Drive.
Brad Anderson commented on the Public Hearing recently held for the Kroger Gas Station site and the transparency of that hearing.
Reso 2022-26
H. Triennial On-Call and/or As Needed Service Contract Awards for Graffiti Abatement Services and Traffic Signal Maintenance and Emergency Services
Recommendation: Award triennial on-call and/or as needed service contracts to Graffiti Protective Coating, Inc. for Graffiti Abatement Services and annual maintenance costs in the not-to-exceed amount of $69,360; and, Yunex LLC, for base annual Traffic Signal Maintenance and Emergency On-Call Services in the not-to-exceed amount of $41,664; and, authorize the City Manager to execute all required contracts; and authorize the budget amendment of $9,360 for the FY22-23 budget.
M.O. 2022-110
I. Conditional Use Permits No. 20-020 and 20-021: Approval of Improvement Agreement for Completion of Improvements at 68625
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Perez Road, and Authorization for City Manager and City Clerk to execute the agreement: PCC Cathedral City, LLC (Edlin Kim).
Recommendation: 1. Approve the Improvement Agreement with PCC Cathedral City, LLC, for completion of on-site and off-site improvements at 68625 Perez Road, for CUP 20-020 and
20-021; and
2. Authorize the execution of the Agreement by the City Manager and City Clerk, in a form approved by the City
Attorney.
M.O. 2022-111
4. ITEMS PULLED FROM CONSENT
5. PUBLIC HEARINGS
A. SB 1383 residential roll out program, Amendment to the Franchise Agreement and rate increase request on commercial, residential, and roll-off services.
Recommendation: Approve the SB 1383 residential program; Amendment to the Franchise Agreement; rate increase on Commercial,
Residential, and Roll-Off Services; and, approve a
Resolution approving tax roll billing, the new adjusted rate schedule of fees for roll-off, residential, multi-family and commercial, for the collection, recycling, and disposal of municipal solid waste and residential/commercial recycling.
Deanna Pressgrove, Environmental Conservation and Public Works Manager, and Frank Orlett, Vice-President Burrtec Waste and Recycling Services, provided an overview of the SB 1383 Residential Roll Out Program, Amendment to the Franchise Agreement and Rate Increase Request on the Collection of Solid Waste and Recycling Services for Residential, Commercial and Roll-Off Accounts. The following points were presented:
• Background
• Key Implementation Dates
• CalRecycle
• Subcommittee Background
• Residential Roll Out
• Rate Increase Request
• Summary of Residential and Commercial Programs
• Amendment of Franchises Agreement
• Recommendation
Deanna Pressgrove, Environmental Conservation and Public Works, stated that staff received 7 protests to the rate increase.
Mayor Ernesto Gutierrez opened the Public Hearing to receive public comments, there being none, he closed the Public Hearing and returned discussion to the City Council.
4.B.2
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Minutes Acceptance: Minutes of Jun 8, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 7 Printed on 6/16/2022
M.O. 2022-112
Reso 2022-27
A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tem Lamb to approve the SB 1383 residential program; Amendment to the Franchise Agreement; rate increase on Commercial, Residential, and Roll-Off Services; and, approve a Resolution approving tax roll billing, the new adjusted rate schedule of fees for roll-off, residential, multi-family and commercial, for the collection, recycling, and disposal of municipal solid waste and residential/commercial recycling.
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Annual Renewal of the Lighting & Landscaping District Budget Recommendation: Hold a public hearing, adopt resolutions approving the final engineer's report, and order the levy and collection of annual assessments for the sixteen (16) existing benefit zones for the annual renewal of the Lighting and Landscaping District Budget for FY 2022/2023.
Kevin Biersack, Deputy Finance Director, presented an overview on the Annual Renewal of the Lighting and Landscape District Budget.
Mayor Ernesto Gutierrez opened the Public Hearing for public comments, there being none, he closed the Public Hearing and returned discussion to the City Council.
Reso 2022-28
Reso 2022-29
A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Lamb to adopt resolutions approving the final engineer's report, and order the levy and collection of annual assessments for the sixteen (16) existing benefit zones for the annual renewal of the Lighting and Landscaping District Budget for FY 2022/2023.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
6. LEGISLATIVE ACTIONS
A. Cannabis Regulation and Tax Update
Recommendation: To approve a resolution amending the cannabis cultivation tax structure and definitions, and to approve a resolution
4.B.2
Packet Pg. 18
Minutes Acceptance: Minutes of Jun 8, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 8 Printed on 6/16/2022
establishing exemptions to the cannabis cultivation tax for pre-operational and non-operational businesses.
Nick Galyean, Greenscape Engineering, provided a brief overview of the cultivation process and the struggles they have faced.
Ken, Greenscape Engineering, urged the City Council to consider using gross receipts for taxation of cultivation.
Scott Rusczyk, Coachella Valley Cannabis Network, provided the definition of cultivation. He stated that a tax rate modification is needed.
After Council discussion it was the consensus of the City Council that further clarification of taxable areas for cultivators is needed before they adopt a resolution approving exemptions.
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to table the proposed resolution establishing an exemption to the cannabis tax for portions of cannabis cultivation space outside of the canopy pursuant to section 3.48.040 of the Cathedral City Municipal Code, for further discussion and language clarification.
M.O. 2022-113
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
Scott Rusczyk, Coachella Valley Cannabis Network, expressed his support of this resolution.
After Council discussion it was the consensus of the City Council that further clarification related to the exemption of the cultivation tax for non-operation, for 90 days, is needed before they adopt a resolution approving exemptions.
M.O. 2022-114
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to table the proposed resolution establishing exemptions to the cannabis cultivation businesses tax for non-operational cannabis businesses pursuant to section 3.48.040 of the Cathedral City Municipal Code, for further discussion and language clarification.
4.B.2
Packet Pg. 19
Minutes Acceptance: Minutes of Jun 8, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 9 Printed on 6/16/2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Award Granite Construction Company for the CDBG Public Improvements Project: Via De Anza Street Improvement Project - Phase 1 Recommendation: Award a contract to Granite Construction in the amount of $470,073.20 for constructing the improvements for the
CBDG Public Improvements Project: Via De Anza Street
Improvement Project - Phase 1 (C08834); and, approve an eighteen percent (18%) contingency in the amount of
$84,613.18 for any unforeseeable construction costs;
thereby, bringing the total construction budget for this Project to $554,686.38; and, authorize the City Manager to execute the required contract documents; and, authorize the Director of Public Works to request bonds and insurance for the Project and issue the Notice to Proceed.
M.O. 2022-115
A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Lamb to award a contract to Granite Construction in the amount of $470,073.20 for constructing the improvements for the CBDG Public Improvements Project: Via De Anza Street Improvement Project - Phase 1 (C08834); and, approve an eighteen percent (18%) contingency in the amount of $84,613.18 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $554,686.38; and, authorize the City Manager to execute the required contract documents; and, authorize the Director of Public Works to request bonds and insurance for the Project and issue the Notice to Proceed.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
C. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.
Update on Emergency Actions taken by City, County, State of Federal Agencies.
Possible consideration of additional measures to be taken.
Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
4.B.2
Packet Pg. 20
Minutes Acceptance: Minutes of Jun 8, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 10 Printed on 6/16/2022
City Manager Charles McClendon provided an update on the current data from Riverside County. He recommended that the City Council take action to extend Resolution 2020-06.
M.O. 2022-116
A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Lamb to extend Resolution 2020-06, which proclaims the existence of an emergency situation and local emergency due to the worldwide spread of COVID-19.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
7. DISCUSSION ON FUTURE AGENDA ITEMS
8. CLOSED SESSION
ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular Meeting of June 8, 2022, at 8:10 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
4.B.2
Packet Pg. 21
Minutes Acceptance: Minutes of Jun 8, 2022 5:30 PM (Minutes Approval) Cathedral City Page 1 of 1 Printed on 7/14/2022
Staff Report
City Council
Item No. 4.C
Meeting Date: June 22, 2022
From: Tami Scott, Administrative Services Director
Title: Receive and File Payment of Claims and Demands for May 2022
City Council
RECOMMENDATION:
The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency and the Cathedral City Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of $5,582,885 for the month of May 2022.
I HEREBY CERTIFY that in my judgment these demands were legally and owing by the City and/or the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency, the Cathedral City Public Finance Authority, and the Cathedral City Downtown Foundation and the funds were available for payment thereof, and in all other respects, the demands conform to the criteria set for the in section 3.16.050 of the Cathedral City Municipal Code.
Tami E. Scott, Administrative Services Director
ATTACHMENTS:
Demand Register May 2022
4.C
Packet Pg. 22
CITY OF CATHEDRAL CITY
PAYROLL
DATE DESCRIPTION TOTAL
5/10/2022 Checks and Direct Deposit $ 694,681.64
Taxes, PERS, ICMA, Nationwide $ 480,670.12
5/24/2022 Checks and Direct Deposit $ 704,580.24
Taxes, PERS, ICMA, Nationwide $ 496,378.48
Checks and Direct Deposit
Taxes, PERS, ICMA, Nationwide
TOTAL PAYROLL $ 2,376,310.48
ACCOUNTS PAYABLE
DATE CHECK NO. TOTAL
5/12/2022 10010081-10010172 $ 2,451,085.17
5/26/2022 10010173-10010243 $ 439,444.60
WIRE NO.
Various 9006164-9006183 $ 316,043.97
TOTAL ACCOUNTS PAYABLE $ 3,206,573.74
COMBINED TOTAL FOR MONTH: $ 5,582,884.22
TOTAL ACCOUNTS PAYABLE DEMAND REGISTER REPORT (ATTACHED) $4,183,622.34 TOTAL PAYROLL CHECKS AND DIRECT DEPOSITS $ 1,399,261.88 COMBINED TOTAL FOR MONTH: $5,582,884.22
DEMAND LISTINGS FOR THE MONTH OF MAY 2022
4.C.a
Packet Pg. 23
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022)
TYPE DATE INVOICE
NUMBER
INVOICE 04/29/2022 2104
CHECK 05/12/2022
INVOICE 05/13/2022 2118
CHECK 05/26/2022
INVOICE 05/04/2022 4038
INVOICE 05/07/2022 4043
CHECK 05/26/2022
INVOICE 04/25/2022 184662
CHECK 05/12/2022
INVOICE 04/28/2022 670087
CHECK 05/26/2022
INVOICE 05/02/2022 239601
EFT 05/26/2022
INVOICE 04/28/2022 75959
EFT 05/12/2022
INVOICE 05/12/2022 75976
EFT 05/26/2022
INVOICE 05/02/2022 192182
CHECK 05/12/2022
INVOICE 04/25/2022 2022-1
CHECK 05/26/2022
INVOICE 04/22/2022 422757
CHECK 05/12/2022
INVOICE 05/01/2022 000018142346
CHECK 05/26/2022
INVOICE 05/04/2022 20220504
CHECK 05/26/2022
INVOICE 11/03/2021 21-780
CHECK 05/26/2022
INVOICE 04/28/2022 40122
CHECK 05/12/2022
INVOICE 04/12/2022 499232
INVOICE 04/29/2022 501206
INVOICE 05/03/2022 454771
INVOICE 05/06/2022 501966
INVOICE 05/06/2022 501967
EFT 05/12/2022
INVOICE 05/13/2022 502780
INVOICE 05/20/2022 503571
INVOICE 05/20/2022 503572
EFT 05/26/2022
INVOICE 04/15/2022 42625
INVOICE 04/15/2022 42624
CHECK 05/12/2022
INVOICE 04/25/2022 BPS0291
EFT 05/12/2022
INVOICE 05/09/2022 BPS0292
EFT 05/26/2022
INVOICE 04/19/2022 283326
DEMAND REGISTER REPORT May 2022
VENDOR NAME DESCRIPTION INVOICE
AMOUNT
AIRWAVE
COMMUNICATIONS
ENT.
FLEET MAINT/RADIO REPAIR C.O.P. 25 $60.33
FLEET MAINT/RADIO REPAIR D-34 $195.00
CHECK NUMBER 10010174 $255.33
PAYMENT
AMOUNT
ACE CARPET
CLEANING
CARPET CLEANING - CIVCTR $950.00
CHECK NUMBER 10010081 $950.00
CARPET CLEANING - PD $925.00
CHECK NUMBER 10010173 $925.00
ALLSTAR FIRE
EQUIPMENT, INC.
SUPPLIES - BOOTS - FD $304.74
EFT NUMBER 3324 $304.74
ALLIED
REFRIGERATION,
INC.
SUPPLIES - SWAMP COOLERS FS 413 $35.13
CHECK NUMBER 10010175 $35.13
HOMELAND
PROTECTION
SERVICES
REPLACED BATTERY - CIVCTR 3RD FLR $195.00
CHECK NUMBER 10010082 $195.00
AQUACHEM
ENGINEERING
APR22 WATER TREATMENT $517.88
CHECK NUMBER 10010085 $517.88
AMERICAN
FORENSIC NURSES
JUNE 2022 STAND BY FEE $1,082.00
EFT NUMBER 3273 $1,082.00
PROF SVCS-BLOOD DRAWS $578.65
EFT NUMBER 3325 $578.65
AT&T APRIL 2022 INTERNET $311.97
CHECK NUMBER 10010178 $311.97
AT&T CASE #2203C-6060 $70.00
CHECK NUMBER 10010086 $70.00
ASSISTANCE
LEAGUE OF
COACHELLA VALLEY
CDBG KIDS SUPPLIES $9,189.64
CHECK NUMBER 10010177 $9,189.64
BAUMANN, RAY CITY VIDEO ENGINEERING_4/12 & 4/27/22 $463.75 CHECK NUMBER 10010088 $463.75
BARTEL
ASSOCIATES, LLC
ACTUARIAL CONSLTING SRVCS 9/21 GASBS 75 $2,362.00
CHECK NUMBER 10010182 $2,362.00
BARBARA SINATRA
CHILDREN'S CTR
APRIL 2022 PROF SVCS-MEDICAL EXAMS (2) $462.00
CHECK NUMBER 10010181 $462.00
GAS & DIESEL FUEL $1,713.37
GAS & DIESEL FUEL $2,406.66
EFT NUMBER 3274 $47,262.13
GAS & DIESEL FUEL $1,038.67
BECK OIL, INC. GAS & DIESEL FUEL $19,430.57
GAS & DIESEL FUEL $1,254.98
GAS & DIESEL FUEL $23,109.05
GAS & DIESEL FUEL $2,789.52
GAS & DIESEL FUEL $678.01
BROCK
PROFESSIONAL
SERVICES
04/12-04/25 AB939 DIVERSION RPT $1,500.00
EFT NUMBER 3275 $1,500.00
04/26-05/09 AB939 DIVERSION RPT $1,500.00
EFT NUMBER 3327 $1,500.00
EFT NUMBER 3326 $5,158.70
BIO-TOX
LABORATORIES
MARCH 2022 PROF SVCS-DRUG SCREEN
ANALYSIS
$2,231.00
MARCH 2022 PROF SVCS-DRUG SCREEN
ANALYSIS
$221.00
CHECK NUMBER 10010089 $2,452.00
BURKE, WILLIAMS &
SORENSEN LLP
07024-0132 HUMAN RESOURCES $4,536.00
4.C.a
Packet Pg. 24
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 04/19/2022 283320
EFT 05/12/2022
INVOICE 05/16/2022 284623
INVOICE 05/16/2022 284630
INVOICE 05/16/2022 284632
INVOICE 05/16/2022 284618
INVOICE 05/16/2022 284628
INVOICE 05/16/2022 284629
INVOICE 05/16/2022 284619
INVOICE 05/16/2022 284626
INVOICE 05/16/2022 284620
INVOICE 05/16/2022 284617
INVOICE 05/16/2022 284624
INVOICE 05/16/2022 284622
INVOICE 05/16/2022 284631
INVOICE 05/16/2022 284625
INVOICE 05/16/2022 284621
INVOICE 05/16/2022 284627
EFT 05/26/2022
INVOICE 05/12/2022 2022 SS1
EFT 05/12/2022
INVOICE 04/14/2022 835460
INVOICE 04/18/2022 835842
INVOICE 04/19/2022 836008
INVOICE 04/19/2022 836000
INVOICE 04/20/2022 835593
INVOICE 04/20/2022 836173
INVOICE 04/21/2022 836362
CHECK 05/12/2022
INVOICE 05/09/2022 2022-05
WIRE 05/09/2022
INVOICE 05/10/2022 26140
WIRE 05/11/2022
INVOICE 05/24/2022 26444
WIRE 05/25/2022
INVOICE 05/17/2022 I220517533
EFT 05/26/2022
INVOICE 03/31/2022 46046
CHECK 05/12/2022
INVOICE 04/18/2022 4.11.22
EFT 05/12/2022
INVOICE 04/26/2022 W452746
INVOICE 04/26/2022 W455176
INVOICE 04/27/2022 W532611
INVOICE 04/29/2022 W627354
INVOICE 05/03/2022 W769153
INVOICE 05/04/2022 W808539
EFT 05/12/2022
INVOICE 05/17/2022 X354585
EFT 05/26/2022
INVOICE 05/01/2022 24-954-521
CHECK 05/12/2022
INVOICE 04/16/2022 8001-B57
07024-0336 CODE COMPLIANCE $6,141.92
07024-0122.023-CC V. VERANO RECOVERY $3,540.88
07024-0336.039 68195 EMPALMO ROAD $73.51
07024-0152 PLANNING $3,432.00
BURKE, WILLIAMS &
SORENSEN LLP 07024-0121 MAR22 $32,250.00
EFT NUMBER 3276 $36,786.00
07024-0122.027-CC V. VERANO RECOVERY $1,742.00
07024-0122.029 BANK OF NY V. SUCCESSOR
AGENCY
$1,252.14
07024-0122.030 RAYL V. CITY OF CATHEDRAL
CITY
$367.76
07024-0122.017 34850 EAGLE CANYON $19.03
07024-0122.003 67206 MISSION DRIVE $4.10
07024-0132 HUMAN RESOURCES $1,485.00
07024-0311 POLICE ADMINISTRATION $442.00
07024-0132.011 CCPOA NEGOTIATIONS $87.00
EFT NUMBER 3328 $48,390.34
BURRTEC WASTE &
RECYCLING
2022 SS1 $1,778,007.98
EFT NUMBER 3277 $1,778,007.98
07024-9996 MEDICAL CANNABIS $2,470.00
07024-0122.033-CC V. VERANO RECOVERY $2,030.00
07024-0122.031 KOSLOW V DATA TICKET INC, ET
AL
$20,898.00
07024-0132.010 CCPMA NEGOTIATIONS $4,405.00
PANORAMA DOG PARK SUPPLIES $49.33
STREETS - SUPPLIES $48.31
C & M BUILDING
MATERIALS
STREETS - SUPPLIES $31.18
SUPPLIES - PEACE POLE - LIBRARY $27.22
PANORAMA DOG PARK SUPPLIES $45.48
SUPPLIES - PW $5.68
PANORAMA DOG PARK SUPPLIES $45.48
PAYROLL RUN 1 - WARRANT 220524 $186,600.39
WIRE NUMBER 9006183 $186,600.39
CHECK NUMBER 10010090 $252.68
CALPERS MAY HEALTH PREM $291,383.62
WIRE NUMBER 9006164 $291,383.62
PAYROLL RUN 1 - WARRANT 220510 $192,549.52
WIRE NUMBER 9006172 $192,549.52
CATHEDRAL
CENTER
SENIOR CENTER CARES FUNDING $100,000.00
EFT NUMBER 3278 $100,000.00
CASC ENGINEERING
& CONSULTING
NPDES CONSULTING SERVICES 3/22 $225.00
CHECK NUMBER 10010094 $225.00
CANYON COPY &
PRINT
POST CARDS - ILLEGAL FIREWORKS MAILERS -
FD
$10,494.38
EFT NUMBER 3329 $10,494.38
FACILITIES - LICENSE ADOBE $146.61
EFT NUMBER 3279 $1,360.22
CDW GOVERNMENT,
INC.
MIS - KEYBRD SUPPLIES $207.26
MIS - TONER $431.25
PANORAMA PARK WIFI POLE MOUNT $214.24
PANORAMA WIFI POLE MOUNT $214.25
CODE - ADOBE ACROBAT SFTWARE $146.61
CNS ENGINEERS INC DESIGN SERVICES FOR CCWW FEB MAR 2022 $3,016.55
CENTRAL
COMMUNICATIONS
APR.22 VAC RENTAL HOTLINE-406MIN. $449.11
CHECK NUMBER 10010097 $449.11
MIS - CRADLEPOINT 2X2 PWR SUP $81.52
EFT NUMBER 3330 $81.52
4.C.a
Packet Pg. 25
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) EFT 05/12/2022
INVOICE 04/20/2022 1004-2204
INVOICE 04/28/2022 1079-2204
CHECK 05/12/2022
INVOICE 05/11/2022 33300-L-2205
INVOICE 05/11/2022 33300-DF-2205
INVOICE 05/11/2022 33300-RR-2205
INVOICE 05/12/2022 28905B2205
INVOICE 05/13/2022 LLD-A-2205
INVOICE 05/13/2022 10166B-2205
INVOICE 05/16/2022 RR3-2205
INVOICE 05/16/2022 RR2-2205
INVOICE 05/16/2022 RR1-2205
INVOICE 05/16/2022 LLD-B-2205
INVOICE 05/18/2022 LLD-D-2205
INVOICE 05/18/2022 10166A-2205
INVOICE 05/18/2022 SPK2-2205
INVOICE 05/18/2022 LLD-C-2205
INVOICE 05/20/2022 SPK1-2205
CHECK 05/26/2022
INVOICE 04/18/2022 11995
INVOICE 04/18/2022 11996
CHECK 05/12/2022
INVOICE 04/30/2022 82129825
EFT 05/26/2022
INVOICE 05/05/2022 116025886-1
CHECK 05/26/2022
INVOICE 11/22/2021 80723
INVOICE 05/06/2022 82107
INVOICE 05/06/2022 82105
EFT 05/26/2022
INVOICE 05/19/2022 AN0000002467
EFT 05/26/2022
INVOICE 05/02/2022 F220268
EFT 05/26/2022
INVOICE 04/29/2022 10580723073
INVOICE 05/04/2022 10581667781
INVOICE 05/04/2022 10581667773
INVOICE 05/04/2022 10581664040
INVOICE 05/05/2022 10582229863
INVOICE 05/11/2022 10583406644
EFT 05/26/2022
INVOICE 04/01/2022 225570
INVOICE 04/26/2022 225942
EFT 05/12/2022
INVOICE 04/19/2022 S2968772.001
INVOICE 04/22/2022 S2970068.001
INVOICE 04/26/2022 S2970068.002
INVOICE 05/04/2022 S2973872.001
CNS ENGINEERS INC
EFT NUMBER 3282 $3,016.55
603699-887616 $45.90
307461-838398 $473.19
COACHELLA VALLEY
WATER DISTRICT
315103-847630 $1,841.42
315221-847748 $157.28
CHECK NUMBER 10010102 $1,998.70
603703-887618 $1,054.11
605255-559874 $24.71
553679-556884 $36.34
204347-548662 $50.38
556555-556922 $39.85
553525-765406 $163.74
304559-765632 $29.32
182081-513606 $90.31
315739-848266 $10,813.01
CHECK NUMBER 10010189 $15,128.98
307567-838510 $55.44
304577-765650 $28.15
510413-514910 $34.00
181911-513438 $2,190.53
COSTAR REALTY
INFORMATION, INC
MAY 2022 PROPERTY PROFESSIONAL $439.61
CHECK NUMBER 10010188 $439.61
CORELOGIC
SOLUTIONS, LLC
APR22 APN DATA SVC $150.00
EFT NUMBER 3331 $150.00
COMMERCIAL
CLEANING
SPECIALIST
APR22 JANITORIAL SVCS $6,440.00
APR22 JANITORIAL SVCS - PD $3,275.00
CHECK NUMBER 10010101 $9,715.00
CSG CONSULTING
INC.
APR22 SERVICES $4,147.50
EFT NUMBER 3333 $4,147.50
ANIMAL SERVICES -
RIVERSIDE COUNTY
APRIL 2022 ANIMAL CONTROL SVCS $11,727.50
EFT NUMBER 3351 $11,727.50
COUNSELING TEAM
INTL
APR21 CRISIS INTERVENTION - FD $875.00
APRIL 2022 PEER SUPPORT $300.00
APR22 SUPPORT SERVICES - FD $150.00
EFT NUMBER 3332 $1,325.00
DESERT AIR
CONDITIONING, INC.
APR22 AC MAINT - CIVCTR $2,499.53
AC MAINT - FS 413 $243.00
EFT NUMBER 3284 $2,742.53
SONICWALL NSA 4700 - ADVAN $13,000.53
EFT NUMBER 3334 $47,168.77
DELL MARKETING
L.P.
COUNCIL CHAMBER COMPUTERS $15,364.13
SONICWALL TZ670 TOTALSECURE - ADV $3,569.51
SONICWALL TZ670 TOTALSECURE - ADV $3,569.51
SONICWALL TZ670 TOTALSECURE - ADV $3,569.51
SONICWALL NSA 3700 - ADVAN $8,095.58
DESERT ELECTRIC
SUPPLY
ELECTSUPPLIES-FS 410 $26.89
ELECTSUPPLIES - COOLING TOWER $39.06
ELECTSUPPLIES - COOLING TOWER $112.76
PANORAMA PARK WIFI SUPPLIES $3.80
4.C.a
Packet Pg. 26
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 05/04/2022 S2973875.001
CHECK 05/12/2022
INVOICE 05/13/2022 2022-163
CHECK 05/26/2022
INVOICE 04/18/2022 12356784
EFT 05/12/2022
INVOICE 05/05/2022 85736
CHECK 05/26/2022
INVOICE 05/01/2022 4581108
CHECK 05/12/2022
INVOICE 05/19/2022 2022-05
CHECK 05/26/2022
INVOICE 05/10/2022 016534594X22
0510
CHECK 05/26/2022
INVOICE 05/02/2022 124926
CHECK 05/12/2022
INVOICE 05/10/2022 26141
WIRE 05/11/2022
INVOICE 05/24/2022 26445
WIRE 05/25/2022
INVOICE 05/09/2022 94248525
EFT 05/26/2022
INVOICE 04/12/2022 16490839
INVOICE 04/12/2022 16490788
INVOICE 04/22/2022 16584932
INVOICE 04/22/2022 16578302
INVOICE 04/22/2022 16584881
EFT 05/12/2022
INVOICE 04/27/2022 16617419
INVOICE 04/27/2022 16620716
INVOICE 05/05/2022 16695142
INVOICE 05/06/2022 16705398
INVOICE 05/09/2022 16719549
INVOICE 05/09/2022 16718813
INVOICE 05/09/2022 16719407
INVOICE 05/13/2022 16769335
EFT 05/26/2022
INVOICE 04/19/2022 19911
CHECK 05/12/2022
INVOICE 05/11/2022 19987
CHECK 05/26/2022
INVOICE 04/29/2022 773958090
INVOICE 05/06/2022 774736497
CHECK 05/12/2022
INVOICE 04/20/2022 1299997
INVOICE 04/27/2022 1325096
INVOICE 04/27/2022 1322954
CHECK 05/12/2022
INVOICE 05/04/2022 1349042
INVOICE 05/11/2022 1373249
CHECK 05/26/2022
INVOICE 04/29/2022 353607
CHECK NUMBER 10010105 $216.67
DESERT ELITE
ELECTRIC
REPLACED PEDESTAL - TACHEVAH $4,206.99
CHECK NUMBER 10010191 $4,206.99
DESERT ELECTRIC
SUPPLY
ELECTSUPPLIES - CIVCTR $34.16
DESERT SUN LEGAL ADS 4/1-4/30/22 $1,623.60
CHECK NUMBER 10010106 $1,623.60
DESERT
PROMOTIONAL&EMB
ROIDERY
POLO EMBROIDERY - GUDINO $100.05
CHECK NUMBER 10010192 $100.05
DESERT FIRE
EXTINGUISHER INC
ANNUAL MAINTENANCE - FD 411 $110.64
EFT NUMBER 3285 $110.64
EISENHOWER
OCCUPATIONAL
HEALTH
PRE-EMPLOYMENT PHYSICALS (APRIL) $1,563.00
CHECK NUMBER 10010107 $1,563.00
DIRECTV 05/09-06/08 EOC TV SVC $107.24
CHECK NUMBER 10010195 $107.24
DESERT WATER
AGENCY
04/13-05/13 WATER SERVICE $6,377.32
CHECK NUMBER 10010194 $6,377.32
ESRI 5/9/22-5/8/23 ARCGIS LICENSE $600.00
EFT NUMBER 3335 $600.00
EMPLOYMENT
DEVELOPMENT
DEPT
PAYROLL RUN 1 - WARRANT 220510 $53,516.86
WIRE NUMBER 9006171 $53,516.86
PAYROLL RUN 1 - WARRANT 220524 $61,176.76
WIRE NUMBER 9006182 $61,176.76
IRRIG SUPPLIES - PW $8.67
IRRIG SUPPLIES - DATE PALM MEDIANS $59.83
EFT NUMBER 3286 $526.14
IRRIG SUPPLY - CENTURY PARK LLD 16A $50.58
EWING IRRIGATION
PRODUCTS
IRRIG SUPPLIES - PARKS $36.68
IRRIG SUPPLIES - WATER CONSERVATION $187.53
PANORAMA DOG PARK IRRIGATION SUPPLIES $11.68
PANORAMA DOG PARK IRRIGATION SUPPLIES $123.81
PANORAMA DOG PARK IRRIGATION SUPPLIES $166.44
PANORAMA DOG PARK IRRIG SUPPLIES $884.67
EFT NUMBER 3336 $1,551.23
PANORAMA DOG PARK IRRIG SUPPLIES $495.23
PANORAMA GOD PARK IRRIG SUPPLIES $19.30
IRRIG SUPPLIES - E PALM CANYON $30.00
PANORAMA DOG PARK IRRIG SUPPLY $2.95
FEDERAL EXPRESS SHIPPING CHARGES $78.35
SHIPPING CHARGES $31.09
CHECK NUMBER 10010110 $109.44
F & L HOSE REPAIR
& COUPLINGS
SUPPLIES - CUTTING TORCH - FM $132.68
CHECK NUMBER 10010109 $132.68
SUPPLIES - PANORAMA PK LLD 17 $20.00
CHECK NUMBER 10010196 $20.00
FORMS AND
SURFACES INC
SUPPLIES - BIKE RACKS $3,552.81
SUPPLIES - CIVIC CENTER $45.39
CHECK NUMBER 10010197 $103.29
FERGUSON
ENTERPRISES INC
#1350
SUPPLIES - CIVIC CENTER $53.75
PANORAMA DOG PARK SUPPLIES $29.91
SUPPLIES - CIVIC CENTER $13.51
CHECK NUMBER 10010111 $97.17
SUPPLIES - CIVIC CENTER $57.90
4.C.a
Packet Pg. 27
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) CHECK 05/12/2022
INVOICE 05/07/2021 10421-5-2205
INVOICE 04/28/2022 20220428
INVOICE 05/02/2022 20220502
INVOICE 05/16/2022 995-5-2205
CHECK 05/26/2022
INVOICE 04/30/2022 54615
CHECK 05/12/2022
INVOICE 05/18/2022 MISC-2205
CHECK 05/26/2022
INVOICE 05/17/2022 2591
EFT 05/26/2022
INVOICE 05/11/2022 9893-0422
EFT 05/26/2022
INVOICE 05/02/2022 20220502
EFT 05/12/2022
INVOICE 03/31/2022 16334-1
INVOICE 04/04/2022 22556-1
INVOICE 04/19/2022 22622-4
CHECK 05/12/2022
INVOICE 03/09/2022 19110-1
INVOICE 05/03/2022 22622-1
CHECK 05/26/2022
INVOICE 04/26/2022 SIN016361
EFT 05/12/2022
INVOICE 04/27/2022 6275
CHECK 05/12/2022
INVOICE 05/18/2022 6276
CHECK 05/26/2022
INVOICE 04/22/2022 41827
CHECK 05/12/2022
INVOICE 04/30/2022 6539
EFT 05/12/2022
INVOICE 05/14/2022 6542
EFT 05/26/2022
INVOICE 05/10/2022 26142
WIRE 05/10/2022
INVOICE 05/24/2022 26446
WIRE 05/24/2022
INVOICE 04/29/2022 IPD-26994
INVOICE 04/29/2022 IPD-26993
INVOICE 04/29/2022 IPD-26992
CHECK 05/12/2022
INVOICE 05/18/2022 IPD-27133
CHECK 05/26/2022
INVOICE 04/20/2022 25AR1434128
EFT 05/12/2022
INVOICE 03/31/2022 14732
EFT 05/12/2022
INVOICE 04/05/2022 30898
INVOICE 04/25/2022 30712
INVOICE 04/27/2022 60086
EFT 05/12/2022
FORMS AND
SURFACES INC CHECK NUMBER 10010112 $3,552.81
GAS COMPANY, THE 04/15-05/16 GAS SERVICE $584.85
CHECK NUMBER 10010199 $584.85
GALI POOL SERVICE APR22 FOUNTAIN OF LIFE $1,800.00
CHECK NUMBER 10010113 $1,800.00
FRONTIER
COMMUNICATIONS
05/07-06/06 INTERNET $1,190.00
04/28/2022-05/27/2022 PHONE LINE $151.35
05/02/2022-06/01/2022 INTERNET-RIVERSIDE
COUNTY
$244.99
05/16-06/15 PHONE LINES $96.88
CHECK NUMBER 10010198 $1,683.22
THE GREATER
COACHELLA VALLEY
CHAMBER OF
STATE OF THE CITY LUNCHEON $680.00
EFT NUMBER 3287 $680.00
GRAFFITI
PROTECTION
COATINGS
APR22 GRAFFITI REMOVAL SVC $4,297.60
EFT NUMBER 3339 $4,297.60
GOLDEN BRUSH
CREATIVE FINISHES
PAINTING - PRKG STRUCTURE COLUMNS $4,425.00
EFT NUMBER 3338 $4,425.00
HDL COREN & CONE CONTRACT SVCS PROP TAX: APR-JUN22 $5,456.85 EFT NUMBER 3288 $5,456.85
VIDEO CAMERA/SNAKE LINE - FD 413 $770.00
CHECK NUMBER 10010200 $11,107.96
HAMMER PUMPING,
INC
PANORAMA PARK ADA ROUGH AND FINISH $9,762.00
REPAIR LEAK - FS 412 $430.00
VIDEO CAMERA INSPECTION - FD 413 $310.00
CHECK NUMBER 10010116 $10,502.00
PANORAMA PARK ADA RESTROOM FIXTURES $10,337.96
HIGH TECH MAILING
SERVICES
MAILING - SPRING FEST 2022 $1,135.78
CHECK NUMBER 10010118 $1,135.78
HIGH RESOLUTION
GRAPHIC
PLANNING - BUSINESS CARDS $189.23
CHECK NUMBER 10010117 $189.23
BUSINESS CARDS - CODE (GABRIELLE, NIKO) $189.23
CHECK NUMBER 10010201 $189.23
ICMA RETIREMENT
TRUST - 457
PAYROLL RUN 1 - WARRANT 220510 $45,619.77
WIRE NUMBER 9006167 $45,619.77
PAYROLL RUN 1 - WARRANT 220524 $42,394.54
WIRE NUMBER 9006178 $42,394.54
HIRED HANDS
GRAPHIC DESIGN
SIGNS - STREET BALDE $200.00
EFT NUMBER 3289 $200.00
SIGNS - RECYCLE THIS $250.00
EFT NUMBER 3340 $250.00
INLAND FAIR
HOUSING AND
CDBG FAIR HOUSING 3/22 $1,597.76
EFT NUMBER 3292 $1,597.76
CHECK NUMBER 10010203 $2,169.82
IMAGE SOURCE 04/20/22-05/19/22 CONTRACT 12971-01 $164.54 EFT NUMBER 3291 $164.54
IMAGE 360 - PALM
DESERT
SIGNS - POSTER BOARDS $486.06
PANORAMA DOG PARK SIGNAGE $2,018.16
PANORAMA DOG PARK SIGNAGE $3,374.61
CHECK NUMBER 10010119 $5,878.83
SIGNS - RECYCLING SIGNS $2,169.82
JIMMY'S EQUIPMENT EQUIP REPAIR - PW $37.56
EQUIP REPAIR - SOD CUTTER $85.00
EQUIP REPAIR - MARUYAMA BL32 $37.56
EFT NUMBER 3293 $160.12
4.C.a
Packet Pg. 28
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 05/01/2022 962205095
EFT 05/12/2022
INVOICE 05/05/2022 39952343
EFT 05/12/2022
INVOICE 05/12/2022 39978601
INVOICE 05/12/2022 39978600
EFT 05/26/2022
INVOICE 04/30/2022 9008568110
INVOICE 05/03/2022 9008580328
INVOICE 05/08/2022 9008586682
INVOICE 05/10/2022 900858819
EFT 05/26/2022
INVOICE 04/18/2022 11901708
EFT 05/12/2022
INVOICE 05/01/2022 113583452
CHECK 05/12/2022
INVOICE 04/22/2022 19293
CHECK 05/12/2022
INVOICE 04/26/2022 5754760-02
INVOICE 04/28/2022 5754609-02
CHECK 05/12/2022
INVOICE 04/27/2022 5754729-02
INVOICE 05/12/2022 5754495-02
INVOICE 05/12/2022 5754578-02
INVOICE 05/12/2022 5754554-02
INVOICE 05/12/2022 5754673-02
INVOICE 05/13/2022 5860684-02
INVOICE 05/13/2022 5860643-02
INVOICE 05/13/2022 5860716-02
CHECK 05/26/2022
INVOICE 04/30/2022 1492694-
20220430
EFT 05/26/2022
INVOICE 03/31/2022 215320
EFT 05/12/2022
INVOICE 04/20/2022 1200268
INVOICE 04/25/2022 1201654
INVOICE 05/02/2022 1204191
INVOICE 05/02/2022 1203867
EFT 05/12/2022
INVOICE 05/06/2022 1206249
INVOICE 05/11/2022 1207713
INVOICE 05/16/2022 1209015
INVOICE 05/18/2022 1209676
EFT 05/26/2022
INVOICE 04/08/2022 INV585393
INVOICE 04/11/2022 INV585780
CHECK 05/12/2022
INVOICE 05/10/2022 INV594395
CHECK 05/26/2022
INVOICE 05/01/2022 FY22-12001
CHECK 05/26/2022
INVOICE 05/17/2022 63165
CHECK 05/26/2022
KONE INC. MAY22 ELEVATOR MAINTENANCE $1,415.50
EFT NUMBER 3294 $1,415.50
KONICA MINOLTA
BUS.SOLUTIONS
04/01-04/30/22 CPC C224E EAST PACT $79.89
04/04/-05/03/22 C554E CPC DET A5AY011000024 $482.49
04/09/2022 - 05/08/2022 KONICA MINOLTA CPC $1,697.04
4/11-5/10 KONICA MINOLTA CPC A61E011012174 $1.69
EFT NUMBER 3343 $2,261.11
KONICA MINOLTA -
LEASE
04/25-05/25 C458 LEASE $266.38
EFT NUMBER 3295 $266.38
5/12/22 C224E LSE - PD EAST PACT $152.25
5/12/22 C658 LSE - FD $204.45
EFT NUMBER 3342 $356.70
LASR-INK CORP HP INK-RECORDS $178.89
CHECK NUMBER 10010123 $178.89
LAMAR
ADVERTISING
05/01/2022-05/28/2022 PS AIRPORT
ADVERTISING
$800.00
CHECK NUMBER 10010122 $800.00
KRONOS
INCORPORATED
WORKFORCE TELESTAFF FD 6/17/22-6/16/23 $3,140.01
EFT NUMBER 3296 $3,140.01
PROCESS SERVICE $55.00
PROCESS SERVICE $55.00
PROCESS SERVICE $55.00
PROCESS SERVICE $55.00
PROCESS SERVICE $55.00
PROCESS SERVICE $55.00
LIEBERT CASSIDY
WHITMORE
CA180-00066 POLICE DEPT WRIT $453.15
EFT NUMBER 3297 $453.15
CHECK NUMBER 10010206 $440.00
LEXISNEXIS RISK
SOLUTIONS
AVCC SUBSCRIPTION 03/01/22-04/01/22 $2,900.00
EFT NUMBER 3344 $2,900.00
LEGAL DOCUMENT
SPECIALIST
PROCESS SERVICE $55.00
PROCESS SERVICE $55.00
CHECK NUMBER 10010124 $110.00
PROCESS SERVICE $55.00
PROCESS SERVICE $55.00
MEDICAL SUPPLIES (PARAMEDIC) $55.68
MEDICAL SUPPLIES (PARAMEDIC) $302.40
LIFE ASSIST, INC MEDICAL SUPPLIES (PARAMEDIC) $156.21
MEDICAL SUPPLIES (PARAMEDIC) $823.46
MEDICAL SUPPLIES (PARAMEDIC) $112.19
MEDICAL SUPPLIES (PARAMEDIC) $1,398.00
EFT NUMBER 3298 $2,489.86
EFT NUMBER 3345 $1,652.59
LN CURTIS & SONS SUPPLIES - SAFETY LOCKOUT KIT FD $101.37 SUPPLIES - STRAP HANDLELOK - FD $215.99
CHECK NUMBER 10010125 $317.36
SUPPLIES - STATION BOOT - FD $195.67
MEDICAL SUPPLIES (PARAMEDIC) $1,167.19
MEDICAL SUPPLIES (PARAMEDIC) $127.32
M & M SWEEPING PANORAMA DOG PARK STREET SWEEPING $550.00 CHECK NUMBER 10010210 $550.00
CHECK NUMBER 10010207 $195.67
LVC MASTER
ASSOCIATION
JUN22 LLD9 LA PASADA LANDSCAPE $770.00
CHECK NUMBER 10010209 $770.00
4.C.a
Packet Pg. 29
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 04/16/2022 PRM-071560
EFT 05/12/2022
INVOICE 05/10/2022 517000538
EFT 05/26/2022
INVOICE 02/22/2022 78053
CHECK 05/26/2022
INVOICE 04/18/2022 42820221
EFT 05/12/2022
INVOICE 04/06/2022 604540
INVOICE 04/21/2022 606353
INVOICE 04/21/2022 606333
INVOICE 04/21/2022 606384
CHECK 05/12/2022
INVOICE 05/05/2022 607997
INVOICE 05/09/2022 608299
INVOICE 05/09/2022 608298
INVOICE 05/10/2022 608421
CHECK 05/26/2022
INVOICE 05/10/2022 26143
WIRE 05/10/2022
INVOICE 05/24/2022 26447
WIRE 05/24/2022
INVOICE 04/28/2022 2086903
CHECK 05/12/2022
INVOICE 02/28/2022 44294
CHECK 05/26/2022
INVOICE 05/10/2022 809322
INVOICE 05/12/2022 809693
EFT 05/26/2022
INVOICE 04/18/2022 2030212892
CHECK 05/12/2022
INVOICE 04/28/2022 2030213325
INVOICE 05/11/2022 2030213790
CHECK 05/26/2022
INVOICE 05/09/2022 26144
WIRE 05/09/2022
INVOICE 05/23/2022 26448
WIRE 05/23/2022
INVOICE 04/19/2022 151609
CHECK 05/26/2022
INVOICE 04/26/2022 CC22006
EFT 05/12/2022
INVOICE 05/10/2022 CC22007
INVOICE 05/13/2022 CC22008
EFT 05/26/2022
INVOICE 04/19/2022 23311665
INVOICE 04/19/2022 23311667
INVOICE 04/26/2022 23314900
INVOICE 04/26/2022 23314902
INVOICE 04/26/2022 23314905
CHECK 05/12/2022
INVOICE 05/03/2022 23318121
INVOICE 05/03/2022 23318119
MANAGED HEALTH
NETWORK
EMPLOYEE ASSISTANCE PROGRAM - MAY 22 $468.00
EFT NUMBER 3300 $468.00
MVR CONSULTING CONSULT DREAM HOME 4/22 $11,975.00
EFT NUMBER 3302 $11,975.00
MOHICA TOWING,
INC.
TOWED VEHICLE - PW M12 $50.00
CHECK NUMBER 10010211 $50.00
MISSION LINEN
SUPPLY
LINEN SUPPLIES FOR JAIL $58.36
EFT NUMBER 3347 $58.36
BATTERY D-49 $186.11
SUPPLIES - COOLING TOWERS $9.30
SUPPLIES - FS 411 $37.29
MAC BATTERY PROTECT D-49 $13.04
NAPA AUTO PARTS EQUIP SUPPLIES - STREET EQUIPMENT $29.35 SUPPLIES - FD 413 $27.18
SUPPLIES - OIL DRY FD 413 $150.36
SUPPLIES - FD 413 $27.18
CHECK NUMBER 10010128 $234.07
PACIFIC
TELEMANAGEMENT
SERVICE
MAY22 PUBLIC PAYPHONE $35.00
CHECK NUMBER 10010129 $35.00
CHECK NUMBER 10010214 $245.74
NATIONWIDE
RETIREMENT
SOLUTION
PAYROLL RUN 1 - WARRANT 220510 $15,057.83
WIRE NUMBER 9006168 $15,057.83
PAYROLL RUN 1 - WARRANT 220524 $14,167.51
WIRE NUMBER 9006179 $14,167.51
PALM SPRINGS
MOTORS, INC.
VEHICLEMAINT/REPAIRS C-30 $603.06
VEHICLEMAINT/REPAIRS D-39 $125.00
EFT NUMBER 3348 $728.06
PALM SPRINGS
MIRROR & GLASS
PUBLIC WORKS - GLASS FOR LIGHTS $34.80
CHECK NUMBER 10010217 $34.80
PENTEGRA
SERVICES INC
PAYROLL RUN 1 - WARRANT 220510 $10,441.87
WIRE NUMBER 9006165 $10,441.87
PAYROLL RUN 1 - WARRANT 220524 $10,565.28
WIRE NUMBER 9006177 $10,565.28
PARKHOUSE TIRE
INC.
ROAD EMERGENCY SERVICE - FD $187.89
CHECK NUMBER 10010131 $187.89
TIRES - FIRE TRUCK - FD $1,621.23
VEHICLE MAINT/REPAIRS SPARE TIRES (4) $587.25
CHECK NUMBER 10010219 $2,208.48
PRINTER'S LINK BUSINESS CARDS $58.89
EFT NUMBER 3303 $58.89
BUSINESS CARDS $75.21
BUSINESS CARDS $182.99
EFT NUMBER 3349 $258.20
POWERS AWARDS COUNCIL CHAMBERS NAME PLATE & BADGE $43.10 CHECK NUMBER 10010220 $43.10
CHECK NUMBER 10010133 $464.04
STREETS UNIFORM RENTALS $110.51
PRUDENTIAL
OVERALL SUPPLY
GROUNDS UNIFORM RENTALS $29.07
STREETS UNIFORM RENTALS $104.17
JANITORIAL SUPPLIES $194.39
GROUNDS UNIFORM RENTALS $29.07
STREETS UNIFORM RENTALS $107.34
GROUNDS UNIFORM RENTALS $29.07
4.C.a
Packet Pg. 30
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) CREDIT
MEMO
05/04/2022 21037067
INVOICE 05/10/2022 23321311
INVOICE 05/10/2022 23321307
INVOICE 05/10/2022 23321315
INVOICE 05/17/2022 23324968
INVOICE 05/17/2022 23324974
INVOICE 05/17/2022 23324970
CHECK 05/26/2022
INVOICE 04/20/2022 3427
INVOICE 04/25/2022 3428
INVOICE 04/26/2022 3429
INVOICE 04/29/2022 3433
INVOICE 04/29/2022 3431
INVOICE 04/29/2022 3432
INVOICE 05/01/2022 3434
INVOICE 05/05/2022 3436
INVOICE 05/05/2022 3435
EFT 05/12/2022
INVOICE 05/16/2022 3437
EFT 05/26/2022
INVOICE 05/10/2022 22-1944
CHECK 05/26/2022
INVOICE 05/03/2022 7.1
EFT 05/12/2022
INVOICE 05/01/2022 20200531
CHECK 05/12/2022
INVOICE 04/25/2022 22-158539
CHECK 05/12/2022
INVOICE 05/03/2022 2022-04
CHECK 05/12/2022
INVOICE 04/24/2022 20220424
CHECK 05/12/2022
INVOICE 04/23/2022 20220423
CHECK 05/12/2022
INVOICE 05/09/2022 20220509
CHECK 05/12/2022
INVOICE 04/11/2022 95
EFT 05/12/2022
INVOICE 05/08/2022 96
INVOICE 05/11/2022 98
EFT 05/26/2022
INVOICE 04/27/2022 3856
INVOICE 05/03/2022 4375
INVOICE 05/03/2022 4376
CHECK 05/12/2022
INVOICE 05/09/2022 5961
INVOICE 05/12/2022 1733
CHECK 05/26/2022
INVOICE 05/04/2022 21646
CHECK 05/26/2022
INVOICE 04/30/2022 21917
CHECK 05/12/2022
INVOICE 02/28/2022 8001123019
STREETS UNIFORM RENTALS $104.17
JANITORIAL SUPPLIES $168.02
GROUNDS UNIFORM RENTALS $29.07
JANITORIAL SUPPLIES $249.61
JANITORIAL SUPPLIES ($126.01)
CHECK NUMBER 10010221 $678.63
PS TREE SERVICE &
MAINTENANCE
INSTALL TREES - TREE PLANTING PROGRAM $1,150.00
33RD/DATE PALM - CLEAN UP $1,475.00
PANORAMA DOG PARK LANDSCAPE
INSTALLATION
$7,500.00
APR22 FACILITIES GROUNDS/AMPHITHEA $11,062.00
STREETS UNIFORM RENTALS $85.12
GROUNDS UNIFORM RENTALS $29.07
FIRE STATION 413 - TREE TRIM $975.00
EFT NUMBER 3304 $34,812.00
DINAHSHORE/SHIFTING SANDS - CLEAN UP $1,375.00
PANORAMA DOG PARK FALLEN TREE
REPLACEMENT
$1,350.00
CATHEDRALCYN/DATE PALM - CLEAN UP $2,975.00
APR22 MONTHLY MAINT SVC $6,950.00
RAMSAY GROUP,
THE
CDBG PROGRAM ADMIN SVCS 4.22 $5,100.00
EFT NUMBER 3305 $5,100.00
QUALITY STREET
SERVICE
MAY22 PRKG LOT SWEEPING SVC $495.00
CHECK NUMBER 10010222 $495.00
FIRE STATION 413 - INSTALL ROCK $4,950.00
EFT NUMBER 3350 $4,950.00
RIVERSIDE COUNTY
AUDITOR
CONTROLLER
APRIL 2022 PARKING $3,980.00
CHECK NUMBER 10010134 $3,980.00
RIVERSIDE COUNTY
RECORDER
MAY20 RECORDING FEES $440.00
CHECK NUMBER 10010135 $440.00
22-158539 ASSESOR PDC RQST 4/22 $52.00
CHECK NUMBER 10010136 $52.00
CHECK NUMBER 10010139 $121.00
S.C.R.A.P. GALLERY ENV ED SVCS $2,700.00
EFT NUMBER 3306 $2,700.00
ENV ED SVCS $4,500.00
ENV ED SVCS $2,700.00
RIVERSIDE COUNTY
SHERIFF'S TRAINING
POST TUITION PSP USE OF FORCE JOHNSON
06/14/2022
$145.00
CHECK NUMBER 10010137 $145.00
POST TUITN ARREST & CONTROL
RUIZ,SMITH,GO 06/01/22
$363.00
CHECK NUMBER 10010138 $363.00
POST TUITION ARREST & CONTROL DEVEAS
05/17/2022
$121.00
CHECK NUMBER 10010224 $50.60
SAN BERNARDINO
CO SHERIFF DEPT
APRIL 2022 PROF SVCS-POLYGRAPH SVCS (1) $200.00
CHECK NUMBER 10010225 $200.00
SUPPLIES-COOKIES FOR DRE CLASS $17.94
WATER BOTTLES-PATROL & COOKIES FOR DRE
CLASS
$32.66
EFT NUMBER 3353 $7,200.00
SAM'S CLUB DIRECT SUPPLIES - PW $248.03
WATER BOTTLES-PACT $26.68
WATER BOTTLES-PATROL $23.96
CHECK NUMBER 10010141 $298.67
SHRED-IT USA LLC FEB22 SHREDDING SVCS $63.45
SCOTT FAZEKAS &
ASSOC, INC.
APR22 PLAN CHECK SVCS $6,279.19
CHECK NUMBER 10010142 $6,279.19
4.C.a
Packet Pg. 31
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 02/28/2022 8001063505
INVOICE 03/31/2022 8001258302
CHECK 05/12/2022
INVOICE 05/06/2022 0543179-IN
EFT 05/26/2022
INVOICE 05/18/2022 7658
CHECK 05/26/2022
INVOICE 04/20/2022 3885017
INVOICE 04/21/2022 3885523
INVOICE 04/21/2022 3885522
INVOICE 04/26/2022 3887357
INVOICE 04/27/2022 3887853
INVOICE 04/28/2022 3888337
INVOICE 05/02/2022 3889623
CREDIT
MEMO
05/02/2022 3889631
INVOICE 05/09/2022 3892563
CHECK 05/12/2022
INVOICE 05/03/2022 3890152
INVOICE 05/03/2022 3890151
INVOICE 05/04/2022 3890654
CHECK 05/26/2022
INVOICE 04/19/2022 3987373
INVOICE 04/19/2022 3986391
INVOICE 04/19/2022 3987372
CHECK 05/12/2022
INVOICE 05/03/2022 3996932
CHECK 05/26/2022
INVOICE 04/29/2022 507962
EFT 05/12/2022
INVOICE 05/02/2022 9074-2204
INVOICE 05/03/2022 MISC-2204-A
INVOICE 05/06/2022 32100-2204
CHECK 05/12/2022
INVOICE 05/02/2022 6909-2204
INVOICE 05/16/2022 MISC-2205
INVOICE 05/20/2022 SPK-2205
INVOICE 05/20/2022 CITY-2205
INVOICE 05/20/2022 68594-2205
CHECK 05/26/2022
INVOICE 05/06/2022 050622
CHECK 05/12/2022
INVOICE 04/23/2022 426781
INVOICE 04/25/2022 427367
INVOICE 04/25/2022 427444
INVOICE 04/26/2022 427522
INVOICE 04/29/2022 428617
INVOICE 05/02/2022 429643
CHECK 05/12/2022
INVOICE 05/10/2022 432077
INVOICE 05/11/2022 432403
INVOICE 05/20/2022 435042
CHECK 05/26/2022
SHRED-IT USA LLC
FEB22 SHREDDING SVCS $1,809.77
MAR22 SHREDDING SVCS $6,440.01
CHECK NUMBER 10010143 $8,313.23
PANORAMA DOG PARK SUPPLIES $303.64
SUPPLIES - E PALM CANYON $7.17
SMART SHOP, INC.,
THE
SUPPLIES - AMPHITHEATER $888.13
CHECK NUMBER 10010226 $888.13
SIRCHIE
ACQUISITION
COMPANY LLC
LIFTING TAPE & TWIST TUBES $266.26
EFT NUMBER 3355 $266.26
CHECK NUMBER 10010144 $2,609.32
IRRG SUPPLIES - PARKING STRUCTURE $227.20
SUPPLIES - E PALM CANYON ($22.26)
PANORAMA DOG PARK SUPPLIES $46.96
PANORAMA DOG PARK SUPPLIES $297.98
SUPPLIES - E PALM CANYON $195.48
CHECK NUMBER 10010227 $552.48
SOUTH COAST AIR
QUALITY MGMT
AQMD FEE JUL21-JUN22 FS 413 $143.88
AQMD FEE JUL21-JUN22 FS 410/412 $143.88
AQMD FEE JUL21-JUN22 FS 411 $143.88
CHECK NUMBER 10010145 $431.64
IRRG SUPPLIES - TOWN SQUARE $147.14
IRRG SUPPLIES - CIVCTR $178.14
SMITH PIPE &
SUPPLY COMPANY
SUPPLIES - CENTURY PARK LLD16A $50.57
SUPPLIES - CENTURY PARK LLD16A $1,461.60
PANORAMA DOG PARK SUPPLIES $268.18
CHECK NUMBER 10010146 $5,278.08
03/04-04/30 SIGNALS&OUTDOORELECTRIC $2,271.94
SOUTH COAST
EMERGENCY
VEHICLE REPAIRS FIRETRUCK $3,211.68
EFT NUMBER 3309 $3,211.68
AQMD FEE JUL21-JUN22 FS 411 $143.88
CHECK NUMBER 10010228 $143.88
CHECK NUMBER 10010229 $12,111.46
SOUTHERN
CALIFORNIA GAS CO.
04/01-05/01 NATURAL GAS VEHICLE $55.07
CHECK NUMBER 10010147 $55.07
04/21-05/19 68700 AVE LALO GUERRERO $5,426.65
04/21-05/19 PARKING STRUCTURE ELECTRIC $3,544.54
04/14-05/15 ELECTRICAL CHARGES $130.74
04/21-05/19 SOCCER PARK ELECTRIC $737.59
SOUTHERN
CALIFORNIA EDISON
03/23-04/30 LLD LAMPS&IRRIG ELECTRIC CHGS $1,246.62
04/01-05/02 ELECTRICAL CHARGES $2,133.12
04/06-05/05 FIRE DEPT. ELECTRIC $1,898.34
SUPPLIES - FS 413 $546.94
PANORAMA DOG PARK LANDSCAPE
MATERIALS
$727.37
PANORAMA DOG PARK LANDSCAPE
MATERIALS
$3,232.72
CHECK NUMBER 10010148 $22,456.68
SOUTHWEST
BOULDER AND
STONE
SUPPLIES - FS 413 $782.24
SUPPLIES - FS 413 $782.24
PANORAMA DOG PARK LANDSCAPE
MATERIALS
$16,095.00
SUPPLIES - FS 413 $782.24
SUPPLIES - LANDAU MANOR LLD18 $782.24
PANORAMA DOG PARK LANDSCAPE
MATERIALS
$487.43
CHECK NUMBER 10010230 $1,761.74
4.C.a
Packet Pg. 32
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 04/27/2022 18401120
042722
EFT 05/12/2022
INVOICE 04/21/2022 15159960-
042122
EFT 05/12/2022
INVOICE 04/15/2022 3505370478
INVOICE 04/15/2022 3505370477
INVOICE 04/20/2022 3505698645
INVOICE 04/28/2022 3506301037
INVOICE 04/30/2022 3506954301
INVOICE 05/04/2022 3507187423
INVOICE 05/06/2022 3507322411
INVOICE 05/08/2022 3507515988
EFT 05/12/2022
INVOICE 05/13/2022 3507776943
EFT 05/26/2022
INVOICE 05/03/2022 9063
INVOICE 05/10/2022 3812
INVOICE 05/11/2022 11951
CHECK 05/26/2022
INVOICE 05/10/2022 26145
WIRE 05/10/2022
INVOICE 05/24/2022 26449
WIRE 05/24/2022
INVOICE 04/20/2022 576632
CHECK 05/12/2022
INVOICE 04/06/2022 576054
INVOICE 04/06/2022 576111
INVOICE 05/04/2022 576929
INVOICE 05/04/2022 581147
CHECK 05/26/2022
INVOICE 05/01/2022 3005988698
EFT 05/26/2022
INVOICE 05/01/2022 22-0516-4
CHECK 05/26/2022
INVOICE 04/13/2022 1022041111
EFT 05/12/2022
INVOICE 05/11/2022 2809447
EFT 05/26/2022
INVOICE 05/15/2022 TN042011
EFT 05/26/2022
INVOICE 05/01/2022 001689705012
2 CHECK 05/12/2022
INVOICE 05/01/2022 52702050122
CHECK 05/12/2022
INVOICE 04/30/2022 378487043022
CHECK 05/12/2022
INVOICE 04/24/2022 336787042422
CHECK 05/12/2022
INVOICE 04/26/2022 335557042622
CHECK 05/12/2022
SPARKLETTS LOC:18401119 03/29/2022-04/12/2022 WATER $268.20 EFT NUMBER 3311 $268.20
LOC:7600067 APR22 PW WATER $317.67
EFT NUMBER 3312 $317.67
SUPPLIES-ECON DEV $95.46
EFT NUMBER 3313 $1,993.95
SUPPLIES-FIN $10.86
SUPPLIES-FM $13.57
STAPLES
ADVANTAGE
SUPPLIES-CODE $2.74
SUPPLIES $230.50
SUPPLIES-CODE $18.48
SUPPLIES-CITY CLK $41.90
SUPPLIES-CIV CTR $1,580.44
STAPLES CREDIT
PLAN
SUPPLIES-MIS $7.64
SUPPLIES-MIS $26.21
SUPPLIES-PD $21.84
CHECK NUMBER 10010231 $55.69
SUPPLIES-CITY CLK $433.79
EFT NUMBER 3357 $433.79
APRIL 2022 LIVESCAN FINGERPRINT $594.00
CA STATE
DISBURSEMENT
UNIT
PAYROLL RUN 1 - WARRANT 220510 $3,142.47
WIRE NUMBER 9006169 $3,142.47
PAYROLL RUN 1 - WARRANT 220524 $3,779.39
WIRE NUMBER 9006180 $3,779.39
SUSAN SAXCLIFFORD, PHD
PREEMPLOYMENT TESTING $450.00
CHECK NUMBER 10010232 $450.00
STERICYCLE, INC. MAY 2022 BIOHAZARD DISPOSAL SVC $112.45 EFT NUMBER 3358 $112.45
PRE-EMPLOYMENT LIVESCAN $98.00
CHECK NUMBER 10010184 $1,042.00
CA DEPT OF
JUSTICE
JANUARY-MARCH 2022 DOJ CLETS $1,876.98
CHECK NUMBER 10010091 $1,876.98
MARCH 2022 BLOOD ALCOHOL ANALYSIS $315.00
JANUARY 2022 BLOOD ALCOHOL ANALYSIS $35.00
TERRA NOVA
PLANNING &
RESEARCH
HOUSING ELEMENT UPDATE 01/2022 TO 04/2022 $8,587.67
EFT NUMBER 3361 $8,587.67
TAG/AMS, INC RANDOM DRUG TESTING $170.00
EFT NUMBER 3360 $170.00
T.Y. LIN
INTERNATIONAL
DA VALL/I-10 3/22 $600.00
EFT NUMBER 3315 $600.00
CHECK NUMBER 10010153 $239.69
FIBER SVC FS411 04/26-05/25 $820.09
CHECK NUMBER 10010152 $2,510.58
CABLE SVC FS411 04/24-05/23 $239.69
TIME WARNER CABLE SVC PD 05/01-05/31/2022 $151.10
CHECK NUMBER 10010150 $151.10
SPECTRUM RECEIVER 05/01-05/30 $27.35
CHECK NUMBER 10010151 $27.35
DED INTERNET ACCESS 04/30-05/29 $2,510.58
CHECK NUMBER 10010154 $820.09
4.C.a
Packet Pg. 33
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 04/24/2022 578698042422
CHECK 05/12/2022
INVOICE 04/30/2022 580611043022
CHECK 05/12/2022
INVOICE 04/22/2022 577542042222
CHECK 05/12/2022
INVOICE 05/01/2022 580603050122
CHECK 05/12/2022
INVOICE 04/28/2022 577559042822
CHECK 05/12/2022
INVOICE 04/26/2022 577567042622
CHECK 05/12/2022
INVOICE 04/27/2022 357627042722
CHECK 05/12/2022
INVOICE 04/21/2022 1093614
INVOICE 04/22/2022 1093646
CHECK 05/12/2022
INVOICE 05/05/2022 1093857
CHECK 05/26/2022
INVOICE 04/23/2022 156021644-0
CHECK 05/12/2022
INVOICE 05/01/2022 3396121-
202204-1
CHECK 05/12/2022
INVOICE 05/01/2022 FY22-12001
EFT 05/26/2022
INVOICE 04/30/2022 37401
CHECK 05/26/2022
INVOICE 05/05/2022 72020467393
CHECK 05/12/2022
INVOICE 05/01/2022 420220097
INVOICE 05/01/2022 DSB20210971
CHECK 05/12/2022
INVOICE 04/16/2022 2042221
INVOICE 04/30/2022 2050617
CHECK 05/12/2022
INVOICE 05/07/2022 2051217
CHECK 05/26/2022
INVOICE 04/21/2022 BW6387019
INVOICE 04/21/2022 BW6387020
INVOICE 04/25/2022 174570
INVOICE 04/28/2022 BW6387289
INVOICE 05/04/2022 173868
INVOICE 05/05/2022 BW6387518
CHECK 05/12/2022
INVOICE 05/16/2022 BW6387884
INVOICE 05/17/2022 BW6387918
CHECK 05/26/2022
INVOICE 03/16/2022 112680
INVOICE 04/19/2022 113168
CHECK NUMBER 10010156 $239.69
FIBER SVC FS412 04/22-05/21 $820.09
CHECK NUMBER 10010155 $279.99
CABLE SVC FS412 04/30-05/29 $239.69
INTERNET ACCESS 04/24-05/23 $279.99
CHECK NUMBER 10010159 $820.09
FIBER SVC PW 04/26-05/25 $820.09
CHECK NUMBER 10010158 $239.69
FIBER SVC FS 413 04/28-05/27 $820.09
CHECK NUMBER 10010157 $820.09
CABLE SVC FS413 05/01-05/31 $239.69
CHECK NUMBER 10010161 $418.98
TOPS N
BARRICADES
STREETS - STREET NAME SIGN $1,057.05
SUPPLIES - STREET SIGNS $1,881.05
CHECK NUMBER 10010162 $2,938.10
SUPPLIES - SIGNS $1,364.87
CHECK NUMBER 10010160 $820.09
INTERNET - PANORAMA PK LLD17 $418.98
TRANSUNION RISK &
ALTERNATIV
APRIL 2022 SOFTWARE SUBSCRIPTION $78.80
CHECK NUMBER 10010164 $78.80
CHECK NUMBER 10010233 $1,364.87
TPX
COMMUNICATIONS
04/23-05/22 CITY PHONES $4,433.66
CHECK NUMBER 10010163 $4,433.66
UL LLC FIRE AND EMERGENCY VEHICLE SERVICE - FD $4,841.80 CHECK NUMBER 10010165 $4,841.80
TURBO DATA
SYSTEMS, INC.
APRIL 2022 PRKG CITATION PROCESSING $388.21
CHECK NUMBER 10010234 $388.21
TRUPPELLI,
GEORGE
JUN22 RETIREMENT $1,545.00
EFT NUMBER 3364 $1,545.00
USA-FACT PRE-EMPLOYMENT BACKGROUND $48.70
PRE-EMPLOYMENT BACKGROUND $48.70
CHECK NUMBER 10010167 $97.40
PRE-EMPLOYMENT BACKGROUND $66.40
CHECK NUMBER 10010235 $66.40
UNDERGROUND
SERVICE ALERT
DIGALERT TICKETS $165.10
UNDERGROUND SAFETY BOARD $53.37
CHECK NUMBER 10010166 $218.47
LOCK - FLAG POLE - CIVCTR $31.48
KEYS - FLAG POLE - CIVCTR $19.47
SUPPLIES - CIVCTR KEYS $32.59
CHECK NUMBER 10010168 $553.56
VALLEY LOCK &
SAFE
VEHICLE KEY - BOOM TRUCK $4.76
SUPPLIES - LUBRICANT SPRAY $37.76
LABOR - REPLACE BATTERIES - PD $131.47
EXTRA KEYS $46.98
SPARE KEYS FOR 08 FORD TAURUS $300.00
CHECK NUMBER 10010236 $50.95
VALLEY SMOG &
AUTO REPAIR
VEHICLE MAINT ENGINEERING $236.00
VEHICLEMAINT/REPAIRS D-10 $107.28
4.C.a
Packet Pg. 34
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 04/22/2022 113237
INVOICE 04/25/2022 113249
INVOICE 04/27/2022 113279
INVOICE 04/27/2022 113290
INVOICE 04/28/2022 113299
INVOICE 04/29/2022 113316
INVOICE 05/02/2022 113330
INVOICE 05/05/2022 113372
EFT 05/12/2022
INVOICE 04/01/2022 112890
INVOICE 05/04/2022 113358
INVOICE 05/09/2022 113401
INVOICE 05/12/2022 113450
EFT 05/26/2022
INVOICE 05/06/2022 22221549-
58769356
CHECK 05/26/2022
INVOICE 05/02/2022 9905525183
CHECK 05/12/2022
INVOICE 05/04/2022 9905742890
CHECK 05/26/2022
INVOICE 05/10/2022 9906246947
CHECK 05/26/2022
INVOICE 05/10/2022 9906246946
CHECK 05/26/2022
INVOICE 05/10/2022 9906163174
CHECK 05/26/2022
INVOICE 04/24/2022 869151506221
8 CHECK 05/12/2022
INVOICE 02/28/2022 SLS520701-A
CHECK 05/12/2022
INVOICE 05/15/2022 SLS525916
CHECK 05/26/2022
INVOICE 03/31/2022 W40709
EFT 05/12/2022
INVOICE 05/02/2022 22040699
EFT 05/12/2022
INVOICE 05/02/2022 3496088
INVOICE 05/04/2022 3497157
EFT 05/12/2022
INVOICE 05/06/2022 3498983
EFT 05/26/2022
INVOICE 10/11/2021 REB58587647
EFT 05/12/2022
INVOICE 04/29/2022 15181
INVOICE 04/29/2022 15192
CHECK 05/12/2022
INVOICE 05/06/2022 22-1781
CHECK 05/26/2022
INVOICE 05/02/2022 76228991
EFT 05/12/2022
INVOICE 04/19/2022 459
CHECK 05/12/2022
VEHICLEMAINT/REPAIRS C-54 $132.00
VEHICLEMAINT/REPAIRS C-30 $1,023.31
VEHICLEMAINT/REPAIRS D-6 $121.75
VEHICLEMAINT/REPAIRS D-16 $91.38
VALLEY SMOG &
AUTO REPAIR
VEHICLEMAINT/REPAIRS C-31 $409.74
VEHICLEMAINT/REPAIRS D-13 $131.29
VEHICLEMAINT/REPAIRS D-2 $1,235.67
VEHICLEMAINT/REPAIRS C-29 $159.03
EFT NUMBER 3317 $3,156.41
VEHICLEMAINT/REPAIRS C-42 $57.00
VEHICLEMAINT/REPAIRS C.O.P. 25 $324.35
OIL CHANGE, BRAKE FLUID & POWER
STEARING FLUSH
$579.31
CHECK NUMBER 10010238 $2,284.90
04/11/22-05/10/22 FM DATA CELL ACCESS $120.03
VERIZON WIRELESS -
VSAT
TOWER SEARCH CASE #2203C-6060 $80.00
CHECK NUMBER 10010237 $80.00
VEHICLEMAINT/REPAIRS D-34 $409.84
EFT NUMBER 3365 $1,861.54
CHECK NUMBER 10010241 $625.63
VOYAGER FLEET
SYSTEMS INC
CNG & FUEL PURCHASE $2,062.00
CHECK NUMBER 10010171 $2,062.00
CHECK NUMBER 10010240 $121.50
05/11-06/10 BROADBAND SVCS $625.63
CHECK NUMBER 10010239 $120.03
5/11-6/10 MIS BROADBAND SVC $121.50
VERIZON WIRELESS 04/03/22-05/02/22 FD DATA CELL ACCESS $1,523.49 CHECK NUMBER 10010170 $1,523.49
04/05/2022-05/04/2022 MDC AIRCARDS $2,284.90
WESTERN PUMP CSA - ANNUAL DUSTO TRAINING 03/30/22 $225.00 EFT NUMBER 3320 $225.00
WELLDYNE RX 02/16-28 SHARP'S DISPOSAL PROGRAM $12.00
CHECK NUMBER 10010172 $12.00
05/01-15 SHARP'S DISPOSAL PROGRAM $21.16
CHECK NUMBER 10010242 $21.16
ZOLL MEDICAL
CORP.
MONITOR SUPPLIES - FD $1,740.54
MONITOR SUPPLIES - FD $673.98
EFT NUMBER 3322 $2,414.52
MONITOR SUPPLIES - FD $1,293.31
EFT NUMBER 3368 $1,293.31
WITTMAN
ENTERPRISES LLC
APR2022 BILLING SERVICE $9,614.00
EFT NUMBER 3321 $9,614.00
CAL BUILDNG
OFFICIALS (CALBO)
ACER MONITORS $2,645.00
MEMBERSHIP DUES - ROBERT RODRIGUEZ $295.00
CHECK NUMBER 10010093 $2,940.00
ACCOUNTEMPS TEMP SERVICES WEEK-ENDED 10/08/21 $2,105.13 EFT NUMBER 3272 $2,105.13
DESERT ANTS
ENGINEERING INC
PANORAMA DOG PARK HARDSCAPE $36,815.50
CHECK NUMBER 10010104 $36,815.50
DE LAGE LANDEN
FINANCIAL SVC
05/15-06/14 CISCO LEASE/PURCH PMT 847344 $10,161.53
EFT NUMBER 3283 $10,161.53
DAWN OIL SHARPS & MEDICATIONS DISPOSAL $730.00
CHECK NUMBER 10010190 $730.00
4.C.a
Packet Pg. 35
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 05/18/2022 EDD SUI 1Q22
WIRE 05/18/2022
INVOICE 05/01/2022 10691246
CHECK 05/12/2022
INVOICE 05/09/2022 20220509
CHECK 05/26/2022
INVOICE 05/06/2022 22549
EFT 05/12/2022
INVOICE 05/10/2022 26146
CHECK 05/12/2022
INVOICE 05/24/2022 26450
CHECK 05/26/2022
INVOICE 05/10/2022 26147
CHECK 05/12/2022
INVOICE 05/24/2022 26451
CHECK 05/26/2022
INVOICE 05/11/2022 2022-04A
WIRE 05/11/2022
INVOICE 05/12/2022 2022-04CC
WIRE 05/12/2022
INVOICE 05/09/2022 2022-04BKCD
WIRE 05/09/2022
INVOICE 05/11/2022 2022-04
WIRE 05/11/2022
INVOICE 05/02/2022 592-000908
EFT 05/12/2022
INVOICE 05/15/2022 1050
EFT 05/26/2022
INVOICE 04/28/2022 00009446
CHECK 05/12/2022
INVOICE 04/20/2022 22420
CHECK 05/12/2022
INVOICE 05/23/2022 1/18/19
INVOICE 05/23/2022 11/10/21
CHECK 05/26/2022
INVOICE 05/10/2022 167
CHECK 05/26/2022
INVOICE 04/14/2022 41522
EFT 05/12/2022
INVOICE 04/18/2022 22009400
CHECK 05/12/2022
INVOICE 04/05/2022 20220405
EFT 05/12/2022
INVOICE 04/13/2022 041322
INVOICE 04/14/2022 041422
INVOICE 04/20/2022 042022-A
INVOICE 04/20/2022 042022
INVOICE 04/21/2022 042122
INVOICE 04/29/2022 042822
INVOICE 05/02/2022 050222
EFT 05/12/2022
INVOICE 05/05/2022 050522
INVOICE 05/12/2022 050922
RIO HONDO
COLLEGE
POST TUITN SWORN SUPERVISORY COURSE
06/13-06/24/22
$456.00
CHECK NUMBER 10010223 $456.00
GARDA CL WEST,
INC.
MAY22 SERVICES $264.80
CHECK NUMBER 10010114 $264.80
CA EMPLOYMENT
DEVELOPMENT
DEPT
EDD SUI 1Q22 $2,666.00
WIRE NUMBER 9006176 $2,666.00
BASIC CDA PAYROLL RUN 1 - WARRANT 220510 $3,018.83
CHECK NUMBER 10010087 $3,018.83
PAYROLL RUN 1 - WARRANT 220524 $3,018.83
CHECK NUMBER 10010183 $3,018.83
WEST COAST
LIGHTS & SIRENS
INC
LIGHT AND RADIO PACKAGE FOR FD TAHOE
PURCHASED
$5,688.24
EFT NUMBER 3318 $5,688.24
WELLS FARGO
MERCHANT
SERVICES LLC
APR PROCESS FEE $39.83
WIRE NUMBER 9006174 $39.83
APR PROCESSING FEE $5,548.69
WIRE NUMBER 9006175 $5,548.69
COLONIAL LIFE &
ACCIDENT
INSURANCE
COMPANY
PAYROLL RUN 1 - WARRANT 220510 $3,739.31
CHECK NUMBER 10010100 $3,739.31
PAYROLL RUN 1 - WARRANT 220524 $3,739.31
CHECK NUMBER 10010187 $3,739.31
CLEANCOR
HOLDINGS LLC
APR22 MAINT SERVICES CNG STATION $465.00
EFT NUMBER 3281 $465.00
WELLS FARGO BANK
N.A
BK CARDS PMT $15,553.21
WIRE NUMBER 9006166 $15,553.21
APR22 CLIENT ANALYSIS $852.62
WIRE NUMBER 9006173 $852.62
EL GRANDE METAL
INC.
PANORAMA DOG PARK SUPPLIES $71.12
CHECK NUMBER 10010108 $71.12
CARD INTEGRATORS
CORPORATION
ID CARD UPDATE AND TECH SUPPORT $300.00
CHECK NUMBER 10010099 $300.00
TFM DESIGNS HELMET DECALS - FD $590.00
EFT NUMBER 3362 $590.00
DESERT
RECREATION
DISTRICT
NBS GOVERNMENT-CONSULTING SERVICES
JAN & MAR INV
$24,731.25
CHECK NUMBER 10010193 $24,731.25
CA DEPT OF HEALTH
CARE SERVICES
FY 14-15 OVERPAYMENT REIMB $26,854.15
GEMT OVERPAYMENT REFUND $11,848.44
CHECK NUMBER 10010185 $38,702.59
CHRISTIAN EDWARD
RODRIGUEZ
INITIAL DEPOSIT-50% $7,500.00
EFT NUMBER 3280 $7,500.00
CA DEPT OF
TRANSPORTATION
(CALTRANS)
CALTRANS PSR PARTICIPATION 4/22 $3,781.26
CHECK NUMBER 10010092 $3,781.26
SAME DAY EXPRESS
LLC
DINAH SHORE BRIDGE - CLEAN & MAINT $1,195.00
EFT NUMBER 3307 $1,195.00
EFT NUMBER 3308 $10,800.00
HOMELESS CAMP CLEAN-UP $2,500.00
HOMELESS CAMP CLEAN-UP $3,545.00
PAULINE AVE - COMMUNITY CLEANUP PROG $395.00
SAME DAY EXPRESS
LLC
PAULINE AVE - COMMUNITY CLEANUP PROG $325.00
HOMELESS CAMP CLEAN-UP $2,795.00
PAULINE AVE - COMMUNITY CLEANUP PROG $195.00
ENV PROJECT - JAMES WORKMAN MS $350.00
HOMELESS CAMP CLEAN-UP $3,195.00
WISHING WELL - COMMUNITY CLEANUP PROG $345.00
4.C.a
Packet Pg. 36
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 05/13/2022 051222
INVOICE 05/18/2022 051422
EFT 05/26/2022
INVOICE 04/26/2022 2389505
CHECK 05/26/2022
INVOICE 05/09/2022 060122a
EFT 05/12/2022
INVOICE 03/31/2022 MAR00000195
38 EFT 05/26/2022
INVOICE 05/12/2022 20220512
CHECK 05/26/2022
INVOICE 05/08/2022 12708168
CHECK 05/12/2022
INVOICE 04/11/2022 RV107097
INVOICE 04/29/2022 RV107088
INVOICE 04/29/2022 RV107099
EFT 05/12/2022
INVOICE 05/11/2022 RV107924
INVOICE 05/11/2022 RV107913
EFT 05/26/2022
INVOICE 05/12/2022 3181453
CHECK 05/26/2022
INVOICE 05/10/2022 26148
WIRE 05/11/2022
INVOICE 05/24/2022 26452
WIRE 05/25/2022
INVOICE 04/30/2022 IS589117
CHECK 05/12/2022
INVOICE 04/21/2022 5177
EFT 05/12/2022
INVOICE 04/21/2022 48809
CHECK 05/12/2022
INVOICE 05/02/2022 48886
CHECK 05/26/2022
INVOICE 04/04/2022 3015626
INVOICE 04/21/2022 6614516
INVOICE 04/21/2022 6614517
INVOICE 04/26/2022 1615067
INVOICE 04/27/2022 0021549
INVOICE 04/28/2022 9021784
INVOICE 04/29/2022 8021877
INVOICE 05/03/2022 4173801
INVOICE 05/03/2022 4173794
INVOICE 05/04/2022 3173915
INVOICE 05/04/2022 3514016
EFT 05/12/2022
INVOICE 02/12/2022 4040370
INVOICE 02/23/2022 3040628
INVOICE 02/23/2022 3040626
INVOICE 05/06/2022 1174111
INVOICE 05/09/2022 8174427
INVOICE 05/10/2022 5044211
INVOICE 05/11/2022 6622034
AMERICAN FENCE
COMPANY, INC
PANORAMA DOG PARK TEMPORARY FENCE
DAMAGE
$175.00
CHECK NUMBER 10010176 $175.00
PAULINE AVE - COMMUNITY CLEANUP PROG $395.00
EFT NUMBER 3354 $5,935.00
HOMELESS CAMP CLEAN-UP $2,695.00
UNIVERSAL
PROTECTION
SERVICE, LP
CITYWIDE SECURITY SVC PATROL 04/22 $4,864.00
CHECK NUMBER 10010083 $4,864.00
THE BANDS OF
CATHEDRAL CITY
HIGH SCHOOL BAND
DONATION $2,000.00
CHECK NUMBER 10010180 $2,000.00
MIDAMERICA
ADMINISTRATIVE &
RETIREMENT
SOLUTIONS
CATHCIHRA1G5 - RETIREE CONTRIBUTION
MARCH 2022
$118,282.70
EFT NUMBER 3301 $118,282.70
CATHCIHRA1G5 - ADMIN FEES 1ST QTR 22 $3,492.00
EFT NUMBER 3346 $3,492.00
ATLANTIC RADIO
TELEPHONE
APR22 SAT PHONE - FD $144.61
CHECK NUMBER 10010179 $144.61
VEHICLE REPAIR - 2014 PIERCE FIRE TRUCK $668.87
EFT NUMBER 3356 $4,423.83
SOUTHERN
CALIFORNIA FLEET
SERVICES, INC.
VEHICLE REPAIR - 2009 PIERCE FIRE TRUCK $238.36
VEHICLE REPAIR - 2014 QUANTUM FIRE ENGINE $248.89
VEHICLE REPAIR - 2013 PIERCE PUMPER $3,416.44
EFT NUMBER 3310 $3,903.69
VEHICLE REPAIR - 2009 PIERCE FIRE TRUCK $3,754.96
ALTA LANGUAGE
SERVICES, INC
BILINGUAL TESTS $66.00
CHECK NUMBER 10010084 $66.00
UNITED STATES
TREASURY
PAYROLL RUN 1 - WARRANT 220510 $160,341.80
WIRE NUMBER 9006170 $160,341.80
PAYROLL RUN 1 - WARRANT 220524 $177,694.61
WIRE NUMBER 9006181 $177,694.61
SUPPLIES - CIVIC CENTER $31.60
PALMER
AUTOMOTIVE &
ELECTRIC, INC.
VEHICLEMAINT/REPAIRS D-14 $1,973.92
CHECK NUMBER 10010130 $1,973.92
VEHICLEMAINT/REPAIRS D-17 $178.10
CHECK NUMBER 10010218 $178.10
STC TRAFFIC, INC HSIP HAWK RAMON RD 3.22 $1,403.00
EFT NUMBER 3314 $1,403.00
PANORAMA DOG PARK SUPPLIES $2,755.21
PANORAMA PARK WIFI SUPPLIES $19.16
PANORAMA DOG PARK SUPPLIES $109.12
PANORAMA DOG PARK SUPPLIES $272.26
SUPPLIES - ENV SPRING FEST $1,089.18
SUPPLIES - ENV SPRING FEST $327.60
PANORAMA DOG PARK SUPPLIES $118.82
PANORAMA DOG PARK SUPPLIES $68.22
SUPPLIES - FM $419.15
SUPPLIES - CIVCTR C-19 $23.39
EFT NUMBER 3290 $4,788.85
SUPPLIES - FM TOOLS $91.67
PANORAMA DOG PARK SUPPLIES $62.41
SUPPLIES - PEACE POLE - LIBRARY $29.36
HOME DEPOT
CREDIT SERVICES
NPDES DRAINS $91.55
SUPPLIES - FM $39.81
SUPPLIES - FM TOOLS $43.67
SUPPLIES - FS 413 $9.69
4.C.a
Packet Pg. 37
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 05/11/2022 6023544
INVOICE 05/11/2022 6514735
INVOICE 05/17/2022 0061809
INVOICE 05/17/2022 0622689
INVOICE 05/17/2022 0622688
INVOICE 05/18/2022 9050540
EFT 05/26/2022
INVOICE 06/25/2021 6
INVOICE 09/21/2021 7
CHECK 05/12/2022
INVOICE 04/21/2022 22406180
INVOICE 04/22/2022 22406823
INVOICE 04/22/2022 22404336
INVOICE 04/22/2022 22406586
EFT 05/12/2022
INVOICE 04/26/2022 22406120
INVOICE 04/27/2022 23278506
INVOICE 05/02/2022 23200819
EFT 05/26/2022
INVOICE 04/21/2022 3834
CHECK 05/12/2022
INVOICE 04/22/2022 912080
INVOICE 04/22/2022 924790
CHECK 05/12/2022
INVOICE 05/10/2022 923214A
CHECK 05/26/2022
INVOICE 05/01/2022 037
CHECK 05/12/2022
INVOICE 05/01/2022 017
CHECK 05/26/2022
INVOICE 04/06/2022 17322
CHECK 05/12/2022
INVOICE 04/22/2022 70193069
EFT 05/12/2022
INVOICE 05/10/2022 2022-0510
EFT 05/26/2022
INVOICE 03/31/2022 113686
CHECK 05/12/2022
INVOICE 05/20/2022 5/20/22
CHECK 05/26/2022
INVOICE 05/18/2022 5620039844
INVOICE 05/18/2022 5610280106
EFT 05/26/2022
INVOICE 05/04/2022 20220504
CHECK 05/12/2022
INVOICE 04/30/2022 2022-CC-05
EFT 05/12/2022
INVOICE 04/30/2022 2203
CHECK 05/12/2022
INVOICE 04/29/2022 15331
EFT 05/26/2022
INVOICE 05/23/2022 152713
CHECK 05/26/2022
SUPPLIES - COMPUTER STANDS - IT $10.88
SUPPLIES - COMPUTER STANDS - IT $15.80
SUPPLIES - SOCCER PARK $49.67
SUPPLIES - PEACE POLE - LIBRARY $32.73
EFT NUMBER 3341 $933.88
TDA CONSULTING,
INC.
LOCAL ASSIST GRANT CONSULTING SVCS
MARCH-MAY 2021
$11,712.50
LOCAL ASSIST GRANT CONSULTING SVCS-AUG
2021
$292.50
CHECK NUMBER 10010149 $12,005.00
SUPPLIES - COMPUTER STANDS - IT $5.59
SUPPLIES - CIVIC CENTER $6.19
MAY22 STA 412 PEST CONTROL $162.65
EFT NUMBER 3366 $8,208.55
APR22 STA 411 PEST CONTROL $58.90
RODENT EXLUSION - CIVCTR $7,987.00
RENTOKIL NORTH
AMERICA INC
APR22 PW PEST CONTROL $58.90
APR22 AMPHITHEATRE PEST CONTROL $166.80
APR22 CIV CTR-RODENT TRAPS $76.30
APR22 CIV CTR PEST CONTROL $239.25
EFT NUMBER 3319 $541.25
LOWES HOME
IMPROVEMENT
SUPPLIES - FD $43.55
PANORAMA DOG PARK SUPPLIES $34.30
CHECK NUMBER 10010126 $77.85
PANORAMA DOG PARK SUPPLIES $18.65
CHECK NUMBER 10010208 $18.65
DAVID PALMER VEHICLEMAINT/REPAIRS D-34 $4,194.62
CHECK NUMBER 10010103 $4,194.62
LINDE GAS &
EQUIPMENT INC.
CYLINDER RENT - PARAMEDIC $406.97
EFT NUMBER 3299 $406.97
ROADLINE
PRODUCTS, INC. USA
LED FLASHING SIGN SYSTEM - PW $1,657.31
CHECK NUMBER 10010140 $1,657.31
ARSEN
GUYUMDZHYAN
APR22 CAR WASH $156.00
CHECK NUMBER 10010095 $156.00
FLEET MAINT APRIL 2022 - 28 VEHICLES $336.00
CHECK NUMBER 10010186 $336.00
JONES CREE
VENTURES EAST
LLC
REFUND MONUMENT BOND TRACT NO. 37354 $32,775.00
CHECK NUMBER 10010204 $32,775.00
PETRA
GEOSCIENCES, INC
CONCRETE CYLINDER $60.00
CHECK NUMBER 10010132 $60.00
RODRIGUEZ, RAUL VEHICLE REPAIR - M16 $970.00
EFT NUMBER 3352 $970.00
GRIDIRON REAL
ESTATE
INVESTMENT CORP
POST TUITN FIELD TRAIN UPDATE CASTRO
07/06-07/08
$300.00
CHECK NUMBER 10010115 $300.00
YUNEX, LLC APR22 TRAF SIGNAL CALL OUTS $5,635.19
APR22 TRAF SIGNAL MAINTENANCE $3,760.00
EFT NUMBER 3367 $9,395.19
SUPERIOR
PAVEMENT
MARKINGS INC
PAVEMENT STRIPING/MARKING/ RETENTION $10,930.93
EFT NUMBER 3359 $10,930.93
MKASHIWAGI
CONSULTING, LLC
MICHAEL KASHIWAGI, P.E., WILL PROVIDE
ONGOING SUPP
$13,650.00
CHECK NUMBER 10010127 $13,650.00
DANIEL SALINERO TRANSLATION SERVICES - PW $39.76
EFT NUMBER 3316 $39.76
HR GREEN PACIFIC,
INC
APRIL SERVICES $3,037.50
CHECK NUMBER 10010202 $3,037.50
4.C.a
Packet Pg. 38
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) INVOICE 05/14/2022 101
CHECK 05/26/2022
INVOICE 04/14/2022 20307
EFT 05/26/2022
INVOICE 05/12/2022 20220512
CHECK 05/12/2022
INVOICE 05/05/2022 1
CHECK 05/12/2022
INVOICE 05/10/2022 Payroll 22-05-
10 EFT 05/10/2022
INVOICE 05/12/2022 20220512
CHECK 05/12/2022
INVOICE 05/11/2022 20220511
CHECK 05/12/2022
INVOICE 05/11/2022 20220511
CHECK 05/12/2022
INVOICE 05/11/2022 220510
EFT 05/12/2022
INVOICE 05/06/2022 1
CHECK 05/26/2022
INVOICE 05/19/2022 2022-0519
CHECK 05/26/2022
INVOICE 04/23/2022 1
CHECK 05/26/2022
INVOICE 03/31/2022 92402059
INVOICE 04/06/2022 92403920
CHECK 05/26/2022
INVOICE 05/12/2022 1110124
INVOICE 05/12/2022 1110128
EFT 05/26/2022
INVOICE 05/26/2022 20220526
CHECK 05/26/2022
TOWERS ELECTRIC PANORAMA DOG PARK LIGHTING
INSTALLATION
$10,524.00
EFT NUMBER 3363 $10,524.00
WEXLER, PATRICIA PROF SVC - YOGA INSTRUCTOR $300.00
CHECK NUMBER 10010243 $300.00
GUITRON, NIKOLAS PAYROLL 05-10-2022 ACH RETURN $978.66
EFT NUMBER 3271 $978.66
JOSE LUIS MORENO
ANDRES
CUSTOM COVERS-4 $2,300.00
CHECK NUMBER 10010121 $2,300.00
JAMES IVIE PARK DEPOSIT REFUND IVIE 1703-22 $100.00
CHECK NUMBER 10010120 $100.00
CHRISTOPHER
REYES
2022 SCHOLARSHIP AWARD $500.00
CHECK NUMBER 10010098 $500.00
CECILIA GONZALEZ 2022 SCHOLARSHIP AWARD $500.00
CHECK NUMBER 10010096 $500.00
VANESSA PINEDA PARK DEPOSIT REFUND PINEDA 091621 $100.00 CHECK NUMBER 10010169 $100.00
NATIONAL FIRE
PROTECTION
ASSOCIATION
ANNUAL MEMBERSHIP $175.00
CHECK NUMBER 10010215 $175.00
OLESON, WENDY CC WATERSMART LANDSCAPES $500.00
CHECK NUMBER 10010216 $500.00
CASTILLO LUVIANO,
JHOANA
PR 05-10-22 ACH RETURNED $792.04
EFT NUMBER 3323 $792.04
MURDOCK SUPER
SECURE MFG. CO.
FOUNTAIN/BOTTLE REFILL $2,349.37
FOUNTAIN/BOTTLE REFILL $6,424.86
CHECK NUMBER 10010213 $8,774.23
KUHN, DARYL CC WATERSMART LANDSCAPES $500.00
CHECK NUMBER 10010205 $500.00
DEMAND MONTHLY TOTALS $4,183,622.34
DISTRIBUTION SUMMARY
MONICA VAZQUEZ PARK DEPOSIT REFND VAZQUEZ 2248-22 $100.00 CHECK NUMBER 10010212 $100.00
FENNEMORE CRAIG,
P.C.
APR 2022 SVCS RE: LOW & MOD INCOME
HOUSING
$1,175.00
APR 2022 SVCS RE: FOUNTAINHEAD $1,837.50
EFT NUMBER 3337 $3,012.50
100-500-510-511-8800-8802 INFRASTRUCTURE $89,602.39
100-100-140-135-8200-8201 MATERIALS & SUPPLIES $95.46
FUND 100 100-400-410-411-8200-8201 MATERIALS & SUPPLIES $1,292.17 100-400-410-411-8300-8301 MAINTENANCE AND OPERATIONS $22,162.72 100-400-410-411-8200-8217 UNIFORMS AND SAFETY GEAR $145.35 100-500-510-511-8500-8501 ELECTRIC $2,827.92
100-400-480-481-8500-8509 GAS $584.85
100-500-510-511-8300-8301 MAINTENANCE AND OPERATIONS $2,898.23 100-300-310-311-8500-8503 INTERNET $4,758.85
100-100-110-113-8650-8658 COMMUNITY/PROGRAM ASSISTANCE $1,000.00 100-500-510-511-9400-9416 TFR OUT 261 LAND/LIGHT DIST $5,069.23 100-000-000-000-3120-3130 SECTION 125 BENEFIT PLANS $13,516.28 100-500-510-511-8500-8504 WATER $13,711.85
100-300-310-311-8200-8201 MATERIALS & SUPPLIES $950.01
100-300-310-312-8400-8401 FLEET MAINTENANCE & OPERATIONS $12,655.07 100-300-310-311-8700-8708 POST REIMBURSABLE TRAINING $1,385.00 100-100-140-142-8300-8301 MAINTENANCE AND OPERATIONS $652.00 100-100-140-142-8200-8222 NONCAPITAL EQUIP - OTHER $31,804.64
4.C.a
Packet Pg. 39
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) 100-300-310-311-8600-8601 PROFESSIONAL & TECHNICAL SVCS $1,444.00 100-300-330-331-8200-8201 MATERIALS & SUPPLIES $43.55
100-300-330-334-8300-8301 MAINTENANCE AND OPERATIONS $406.97 100-100-130-132-8600-8610 LEGAL FEES $10,513.00
100-300-330-331-8500-8503 INTERNET $1,523.49
100-300-310-312-8200-8201 MATERIALS & SUPPLIES $664.28
100-300-310-312-8600-8601 PROFESSIONAL & TECHNICAL SVCS $4,574.65 100-400-480-481-8200-8201 MATERIALS & SUPPLIES $10,714.27 100-100-150-156-8200-8219 POSTAGE SHIPPING AND FREIGHT $6.29 100-300-330-332-8400-8401 FLEET MAINTENANCE & OPERATIONS $18,190.12 100-300-330-334-8600-8601 PROFESSIONAL & TECHNICAL SVCS $10,164.00 100-300-330-331-8300-8301 MAINTENANCE AND OPERATIONS $863.03 100-300-330-331-8600-8601 PROFESSIONAL & TECHNICAL SVCS $1,025.00 100-300-310-311-8600-8610 LEGAL FEES $4,002.79
100-400-410-411-8500-8504 WATER $1,530.62
100-100-150-155-8600-8601 PROFESSIONAL & TECHNICAL SVCS $6,279.19 100-100-130-132-8600-8621 PRE-EMPLOYMENT SERVICES $1,824.80 100-300-330-331-8200-8219 POSTAGE SHIPPING AND FREIGHT $17.83 100-400-480-481-8300-8301 MAINTENANCE AND OPERATIONS $49,628.34 100-100-150-155-8700-8701 CONFERENCE/MEETING/TRAINING $1,085.00 100-500-510-511-8200-8201 MATERIALS & SUPPLIES $253.15
100-900-910-911-8300-8327 CREDIT CARD FEES $5,588.52
100-100-150-157-8700-8701 CONFERENCE/MEETING/TRAINING $1,560.00 100-400-480-481-8500-8504 WATER $2,905.63
100-400-480-481-8500-8503 INTERNET $120.03
100-300-330-333-8300-8301 MAINTENANCE AND OPERATIONS $150.00 100-300-330-332-8200-8201 MATERIALS & SUPPLIES $832.01
100-300-310-317-8600-8601 PROFESSIONAL & TECHNICAL SVCS $20,055.50 100-900-910-911-6400-6411 ANIMAL LICENSES ($8,328.00)
100-400-410-411-8500-8505 STREET UTILITIES INTERIOR $451.88 100-100-150-157-8600-8610 LEGAL FEES $30,702.05
100-000-000-000-3120-3124 STATE INCOME TAX PAYABLE $114,693.62 100-000-000-000-3120-3132 GARNISHMENTS $7,330.84
100-100-150-157-8200-8228 PRINTING $189.23
100-000-000-000-3120-3126 PERS CONTRIBUTION $379,149.91 100-100-140-142-8500-8506 TRASH/OTHER UTILITIES $27.35
100-100-140-142-8200-8201 MATERIALS & SUPPLIES $786.15
100-100-140-141-8600-8601 PROFESSIONAL & TECHNICAL SVCS $9,923.98 100-000-000-000-3320-3360 PARK DEPOSITS $300.00
100-300-330-332-8200-8218 SMALL TOOLS $513.03
100-300-310-311-8500-8506 TRASH/OTHER UTILITIES $151.10 100-000-000-000-3120-3150 PENTAGRA 457 DEF COMP $20,598.17 100-300-330-334-8200-8216 SHOP SUPPLIES $7,850.28
100-000-000-000-3110-3114 MISCELLANEOUS PAYABLE $1,770.70 100-000-000-000-3120-3138 ICMA 457 DEF COMP $67,347.29
100-100-140-142-8500-8503 INTERNET $7,102.44
100-100-150-157-8200-8221 NONCAPITAL EQUIP - COMPUTERS $694.22 100-100-140-141-8300-8301 MAINTENANCE AND OPERATIONS $489.22 100-400-480-481-8500-8501 ELECTRIC $12,497.76
100-100-150-156-8600-8601 PROFESSIONAL & TECHNICAL SVCS $17,130.97 100-300-310-311-8500-8502 TELEPHONE $248.23
100-000-000-000-3120-3144 ICMA 401(A) DEF COMP $20,607.02 100-000-000-000-3120-3146 ICMA ROTH 457 DEF COMP $60.00
4.C.a
Packet Pg. 40
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) 100-100-150-157-8200-8201 MATERIALS & SUPPLIES $158.01
100-100-150-155-8200-8201 MATERIALS & SUPPLIES $393.71
100-100-130-132-8600-8601 PROFESSIONAL & TECHNICAL SVCS $4,196.00 100-100-130-134-8200-8201 MATERIALS & SUPPLIES $475.69
100-300-330-332-8200-8217 UNIFORMS AND SAFETY GEAR $304.74 100-400-480-481-8500-8502 TELEPHONE $4,433.66
100-300-310-313-8600-8601 PROFESSIONAL & TECHNICAL SVCS $150.00 100-300-310-311-8700-8701 CONFERENCE/MEETING/TRAINING $697.94 100-300-330-331-8500-8506 TRASH/OTHER UTILITIES $719.07 100-000-000-000-3120-3122 FEDERAL INCOME TAX PAYABLE $277,249.56 100-100-140-135-8300-8301 MAINTENANCE AND OPERATIONS $525.33 100-100-150-156-8200-8221 NONCAPITAL EQUIP - COMPUTERS $38.01 100-400-480-481-8200-8221 NONCAPITAL EQUIP - COMPUTERS $146.61 100-100-150-155-8700-8706 MEMBERSHIPS $295.00
100-100-121-121-8600-8610 LEGAL FEES $23,984.88
100-100-150-150-3320-3331 COMMUNITY DEVELOPMENT DEPOSITS $2,916.27 100-300-310-313-8300-8301 MAINTENANCE AND OPERATIONS $3,091.25 100-100-150-152-8600-8610 LEGAL FEES $5,525.89
100-000-000-000-3120-3123 SOC SECURITY TAX PAYABLE $1,580.12 100-000-000-000-3120-3125 MEDICARE TAX PAYABLE $59,206.73 100-300-310-311-8300-8301 MAINTENANCE AND OPERATIONS $818.85 100-100-110-111-8650-8658 COMMUNITY/PROGRAM ASSISTANCE $2,000.00 100-000-000-000-3150-3164 USE TAX PAYABLE- CITY ($26.92) 100-000-000-000-2120-2124 PREPAID EXPENSES $10,640.01
100-100-150-150-6500-6529 PLANNING PLAN REVIEW ($2,916.27) 100-100-150-150-8200-8209 SPECIAL REVENUE EXPENDITURES $2,916.27 100-100-150-155-8300-8326 EQUIPMENT LEASES $66.59
100-100-150-152-8300-8326 EQUIPMENT LEASES $66.60
100-100-150-156-8400-8401 FLEET MAINTENANCE & OPERATIONS $847.31 100-100-150-157-8300-8326 EQUIPMENT LEASES $66.59
100-900-910-911-6800-6802 INTEREST TO BE ALLOCATED $852.62 100-500-510-511-8600-8601 PROFESSIONAL & TECHNICAL SVCS $25,031.25 100-100-150-152-8200-8220 ADVERTISING $281.60
100-100-130-134-8200-8220 ADVERTISING $338.80
100-500-510-511-8600-8610 LEGAL FEES $1,046.95
100-900-910-911-8300-8301 MAINTENANCE AND OPERATIONS $1.69 100-100-140-135-8300-8326 EQUIPMENT LEASES $66.60
100-100-150-156-8600-8610 LEGAL FEES $120.80
100-300-330-331-8300-8326 EQUIPMENT LEASES $204.45
100-100-140-142-8300-8326 EQUIPMENT LEASES $10,161.53
100-300-330-333-8200-8228 PRINTING $10,494.38
100-100-140-141-8200-8201 MATERIALS & SUPPLIES $10.86
100-500-510-511-8500-8503 INTERNET $279.99
100-300-330-333-8600-8601 PROFESSIONAL & TECHNICAL SVCS $2,467.50 100-100-130-132-8300-8301 MAINTENANCE AND OPERATIONS $197.18 100-100-110-111-8300-8301 MAINTENANCE AND OPERATIONS $197.17 100-100-140-141-8200-8219 POSTAGE SHIPPING AND FREIGHT $6.29 100-000-000-000-3120-3139 NATIONWIDE 457 DEF COMP $29,225.34 100-100-150-157-8600-8601 PROFESSIONAL & TECHNICAL SVCS $889.11 100-100-130-134-8200-8219 POSTAGE SHIPPING AND FREIGHT $67.38 100-100-130-133-8300-8301 MAINTENANCE AND OPERATIONS $197.17 100-100-130-134-8300-8301 MAINTENANCE AND OPERATIONS $197.17 100-100-130-131-8300-8301 MAINTENANCE AND OPERATIONS $197.17
4.C.a
Packet Pg. 41
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) 100-100-150-155-8300-8301 MAINTENANCE AND OPERATIONS $85.72 100-100-150-157-8300-8301 MAINTENANCE AND OPERATIONS $85.73 100-100-150-152-8300-8301 MAINTENANCE AND OPERATIONS $85.72 100-900-910-911-8500-8502 TELEPHONE $35.00
100-300-330-335-8500-8506 TRASH/OTHER UTILITIES $107.24 100-000-000-000-3140-3141 CURC ACCTS PAYABLE $1,837.50
100-100-150-152-8200-8228 PRINTING $189.23
100-100-150-156-8300-8301 MAINTENANCE AND OPERATIONS $143.87 100-100-110-111-8200-8201 MATERIALS & SUPPLIES $27.19
100-100-150-157-8400-8401 FLEET MAINTENANCE & OPERATIONS $16.00 100-900-910-911-8400-8401 FLEET MAINTENANCE & OPERATIONS $32.00 100-300-330-335-8500-8502 TELEPHONE $144.61
100-100-150-155-8400-8401 FLEET MAINTENANCE & OPERATIONS $28.00 100-900-910-911-6500-6507 PARAMEDIC SERVICE FEES $38,702.59 100-100-130-133-8200-8220 ADVERTISING $800.00
FUND 233 233-900-910-911-8600-8601 PROFESSIONAL & TECHNICAL SVCS $4,368.21 233-900-910-911-8200-8201 MATERIALS & SUPPLIES $3,538.36 233-900-910-911-8300-8301 MAINTENANCE AND OPERATIONS $1,364.87 FUND 233 SUB-TOTAL $9,271.44
100-400-410-411-8400-8401 FLEET MAINTENANCE & OPERATIONS $16.00 FUND 100 SUB-TOTAL $1,578,802.42
FUND 236 236-900-910-911-8600-8601 PROFESSIONAL & TECHNICAL SVCS $463.75 236-900-910-911-8800-8802 INFRASTRUCTURE $15,364.13
236-900-910-911-8200-8201 MATERIALS & SUPPLIES $16.31
FUND 236 SUB-TOTAL $15,844.19
FUND 235 235-500-510-511-8800-8802 INFRASTRUCTURE $4,387.96 235-000-000-000-6450-6451 DEVELOPMENT IMPACT FEES ($4,387.96) 235-000-000-000-3310-3311 DEFERRED REVENUE - BILLABLE $4,387.96 FUND 235 SUB-TOTAL $4,387.96
$430.44
243-400-460-461-8500-8505 STREET UTILITIES INTERIOR $528.75 241-400-460-461-8400-8401 FLEET MAINTENANCE & OPERATIONS $540.67 FUND 241 SUB-TOTAL $10,942.80
FUND 241 241-400-460-461-8300-8301 MAINTENANCE AND OPERATIONS $8,996.34 241-400-460-461-8200-8201 MATERIALS & SUPPLIES $703.36
241-400-460-461-8200-8217 UNIFORMS AND SAFETY GEAR $255.64 241-400-460-461-8500-8504 WATER $430.42
241-400-460-461-8500-8501 ELECTRIC $16.37
FUND 246 246-900-910-911-8200-8209 SPECIAL REVENUE EXPENDITURES $5,503.16 246-900-910-911-8600-8620 ENVIRONMENTAL SERVICES $13,139.76 246-900-910-911-8300-8301 MAINTENANCE AND OPERATIONS $13,835.60 246-900-910-911-8650-8658 COMMUNITY/PROGRAM ASSISTANCE $2,310.00 246-100-130-133-8300-8301
243-400-460-461-8500-8501 ELECTRIC $16.37
243-400-460-461-8400-8401 FLEET MAINTENANCE & OPERATIONS $540.68 FUND 243 243-400-460-461-8300-8301 MAINTENANCE AND OPERATIONS $18,391.53 243-400-460-461-8200-8201 MATERIALS & SUPPLIES $703.40
243-400-460-461-8200-8217 UNIFORMS AND SAFETY GEAR $255.67 243-400-460-461-8500-8504 WATER
246-000-000-000-3110-3116 BURRTEC PAYABLE $1,778,007.98 246-900-910-911-8200-8219 POSTAGE SHIPPING AND FREIGHT $1,135.78 246-900-910-911-8200-8228 PRINTING $490.57
MAINTENANCE AND OPERATIONS $345.00
246-900-910-911-8200-8201 MATERIALS & SUPPLIES $8,379.31 FUND 243 SUB-TOTAL $20,866.84
4.C.a
Packet Pg. 42
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) FUND 246 SUB-TOTAL $1,823,147.16
FUND 255 255-300-310-311-8200-8209 SPECIAL REVENUE EXPENDITURES $258.82 FUND 255 SUB-TOTAL $258.82
FUND 251 251-900-910-911-8600-8601 PROFESSIONAL & TECHNICAL SVCS $18,702.76 251-900-910-911-8200-8201 MATERIALS & SUPPLIES $11.65
251-900-910-911-8600-8610 LEGAL FEES $1,040.90
251-900-910-911-8650-8658 COMMUNITY/PROGRAM ASSISTANCE $109,189.64 FUND 251 SUB-TOTAL $128,944.95
261-500-510-511-8500-8507 STREET UTILITIES ARTERIAL $499.00 FUND 261 SUB-TOTAL $9,100.80
FUND 261 261-500-510-511-8300-8301 MAINTENANCE AND OPERATIONS $9,721.73 261-500-510-511-7300-7301 TFR IN 100 GENERAL FUND ($5,069.23) 261-500-510-511-8500-8504 WATER $3,397.81
261-500-510-511-8500-8501 ELECTRIC ($34.18)
261-500-510-511-8500-8505 STREET UTILITIES INTERIOR $585.67 FUND 451 451-900-910-911-8600-8610 LEGAL FEES $7,334.88 FUND 451 SUB-TOTAL $7,334.88
FUND 331 331-100-150-156-8600-8601 PROFESSIONAL & TECHNICAL SVCS $18,018.74 331-100-150-156-8200-8231 FEDERAL GRANT EXPENDITURES $2,670.55 331-100-150-156-8200-8232 SUCCESSOR AGENCY EXPENDITURES $86.52 331-100-150-156-8800-8802 INFRASTRUCTURE $3,248.13
FUND 331 SUB-TOTAL $24,023.94
FUND 611 611-000-000-000-2120-2124 PREPAID EXPENSES $750.52 611-000-000-000-2110-2123 FUEL - LIQUID $53,788.92
611-000-000-000-2120-2126 FUEL - CNG $1,213.98
611-000-000-000-8800-8807 VEHICLES $5,688.24
FUND 611 SUB-TOTAL $61,441.66
FUND 561 561-900-910-911-8600-8610 LEGAL FEES $2,749.28 561-900-910-911-8600-8601 PROFESSIONAL & TECHNICAL SVCS $8,587.67 FUND 561 SUB-TOTAL $11,336.95
TOTAL $4,183,622.34
FUND 999 999-000-000-000-3110-3110 P-CARD PAYABLE $15,553.21 FUND 999 SUB-TOTAL $15,553.21
FUND 612 SUB-TOTAL $429,589.32
FUND 711 711-000-000-000-3320-3328 TRUST ACCOUNTS $32,775.00 FUND 711 SUB-TOTAL $32,775.00
FUND 612 612-100-122-122-8300-8305 GENERAL CLAIMS & JUDGMENTS $1,545.00 612-100-122-122-8020-8035 STATE UNEMPLOYMENT INSURANCE $2,666.00 612-500-510-511-8800-8802 INFRASTRUCTURE $15,712.00
612-100-122-122-8020-8041 MEDICAL INSURANCE-RETIREE $138,150.65 612-100-122-122-8020-8032 MEDICAL INSURANCE-ACTIVE $271,515.67
4.C.a
Packet Pg. 43
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) NO. FUND NAME TYPE NO. FUND NAME TYPE
100 General Fund* GENERAL 451 Rio Vista Community Facilities District FIDUCIARY 1 232 Master Underground Plan SPEC REV 452 Assessment District 2003-01 FIDUCIARY 1 233 Traffic Safety SPEC REV 453 Assessment District 2004-01 FIDUCIARY 1 234 City Mitigation Fee SPEC REV 454 Assessment District 2004-02 FIDUCIARY 1 235 Developer Fees SPEC REV 491 Public Financing Authority DEBT SVC 236 Public Education Government (PEG) Fees SPEC REV 530 Redevelopment Obligation Retirement FIDUCIARY 2 240 TDA SB 821 SPEC REV 536 Successor Agency 2014 & 2021 A/B/C TABs FIDUCIARY 2 241 State Gas Tax SPEC REV 540 Successor Agency Administration FIDUCIARY 2 242 Air Quality Improvement SPEC REV 541 Successor Agency Other FIDUCIARY 2 243 Measure A SPEC REV 550 Successor Agency 2007 Series A TAB FIDUCIARY 2 244 Asset Forfeiture Program SPEC REV 552 Successor Agency 2007 Series C TAB FIDUCIARY 2 246 Solid Waste SPEC REV 561 Successor Housing Agency SPEC REV 247 Police Grants SPEC REV 611 Equipment Replacement INTER SVC 248 Road Maintenance and Rehabilitation Account SPEC REV 612 Insurance INTER SVC 251 Community Development Block Grant SPEC REV 613 Technology INTER SVC 255 Police Department Special Revenues SPEC REV 614 Facilities INTER SVC 256 Fire Department Special Revenues SPEC REV 711 Special Deposits GENERAL 259 Fire Grants SPEC REV
261 Landscape and Lighting District SPEC REV
321 Police and Fire Facilities CAP PROJ
322 Traffic Signalization CAP PROJ
331 Areawide Capital Projects CAP PROJ
341 Assessment District 85-1 CAP PROJ
342 Assessment District 86-1 CAP PROJ 3
344 Assessment District 86-5 CAP PROJ
345 Assessment District 87-2 CAP PROJ
346 Assessment District 88-2 CAP PROJ 3
347 Assessment District 88-3 CAP PROJ
348 Assessment District 96-1 CAP PROJ
349 Assessment District 2001-01 CAP PROJ
351 CFD Rio Vista CAP PROJ
352 Assessment District 2003-01 CAP PROJ LEGEND
353 Assessment District 2004-01 CAP PROJ Appropriated funds 354 Assessment District 2004-02 CAP PROJ * Major fund
431 Big League Dreams GENERAL 1 Agency Fund
448 Assessment District 96-1 FIDUCIARY 1 2 Private Purpose Trust Fund 449 Assessment District 2001-01 FIDUCIARY 1
LIST OF FUNDS BY FUND NUMBER
4.C.a
Packet Pg. 44
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) CREDIT CARD STATEMENTS ATTACHED:
EMPLOYEES
KEVIN BIERSACK
JOHN CORELLA
GEORGE CRUM
TRACEY MARTINEZ
JOHN MUHR
JENNIFER NELLIS
CHRISTOPHER PARMAN
JEREMY POWERS
DEANNA PRESSGROVE
ROBERT RODRIGUEZ
CRAIG SANBORN
TAMI SCOTT
STEPHEN TUMIR
ROBERT WILLIAMS
MARK CARNEVALE
KATHERINE FUENTES
ERNESTO GUTIERREZ
EUGENIA TORRES
ZERO BALANCE ON CREDIT CARD
NO STATEMENT ISSUED:
4.C.a
Packet Pg. 45
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
'
N
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Prepared For
Account Number
CITY OF CATHEDRAL CITY
KEVIN BIERSACK -
Staterrient Closing_ Date __ _
Days in Billing Cycle �- Next Statement Date
Credit Line
Available Credit
Pa ment Information
New Balance
Current Payment Due (Minimum Payment)
Current Payment D�e Date __
Account Summary
Previous Balance
Credits
Payments
Purchases & Other Ch�es
Cash Advances
Finance Charges
New Balance
Rate Information
Your rate may vary accordin
TYPE OF BALANCE
PURCHASES
+
----+
+
=
ANNUAL
INTEREST
RATE
7.990%
05/15/22
31 06/14/22
$2,545.17
$50.00
06/09/22
$1,081.89
- -$0.00 -
$1,081.89
$2,545.17
$0.00
_$0.0Q.
$2,545.17
DAILY
FINANCE
CHARGE RATE
-
.02189%
- -
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ. 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE PERIODIC TRANSACTION TOTAL
DAILY FINANCE FINANCE FINANCE
BALANCE CHARGES CHARGES CHARGES
CASH ADVANCES
TOTAL
24.740% I 1_:_ $0 00
�o� .06778% --
$000
�- -ooj
$000 $0.00
$0.001 $0.00
Important Information
$0 - $2,545.17 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 0055 VTG 7 9 220515 0
See reverse side for important information.
PAGE l of 4 l O 8891 0500 BXIC OlOQ5596
$0.00 $0.00 $0.00
1580
4.C.a
Packet Pg. 46
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
'
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Transaction Details
Trans Post Reference Number
04/18 04/18 8514051 FXS66MRJ4F
04/21 04/21 5543286FZ5SX0LV7N
04/21 04/21 5543286FZ5VOG5JWH
05/04 05/04 8534703GDLQ6ZZDPR
05/09 05/09 F8891 OOGH00CHGDDA
05/10 05/10 5548077GK61 0X9PTQ
Wells Fargo News
Description
STEVEN ENTERPRISES. IN IRVINE CA
AMAZON.COM'1O0SH7F72 AMZN.COM/BILL WA
AMZN MKTP US'1O9NG4LD2 AMZN COM/BILL WA
QUICK QUACK· ONLINE 888-772-2792 CA
AUTOMATIC PAYMENT - THANK YOU
DAVID C GREENBAUM 1 CATHEDRAL CIT CA
KEVIN BIERSACK account ending
Credits
1.081.89
Charges
2 096 00
21.73 12 14
149 95
265.35
Take advantage of the features that come with Online Banking:
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 47
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
I
N
■
Prepared For
-
Account Number ----
Statement Closing Date
_Days in Billin_g C_y�
Next Statement Date
Credit Line
Available Credit
Pa ment Information
CITY OF CATHEDRAL CITY
JOHN CORELLA
05/15/22
31 06/14/22
$4,000
$2,555
New Balance _ _ __ $1,444.80
Current Payment [!ue (Minimum Paymen_�t ---- $28�0
Current Pa_}'ment Due Date 06/09/22
Account Summary
Previous Balance
Credits
Payments ____ _
Purchases & Other �harges
Cash Advances
Finance Char:ges
New Balance
Rate Information
+
+
+
$1,748.21
$0_J)0
$1,748.21
$1,444.80
$0.00
$0.00
$1,444.80
Your rate may vary according to the terms of your agreement.
ANNUAL DAILY
INTEREST FINANCE
TYPE OF BALANCE RATE CHARGE RATE
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ. 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE
DAILY
BALANCE
PERIODIC
FINANCE
CHARGES
TRANSACTION
FINANCE
CHARGES
TOTAL
FINANCE
CHARGES
PURCHASES
CASH ADVANCES
TOTAL
----- 7.990% 02189%
24.740% 06778%
$0.00 .. ----$0.00
$0.00
$0 00
---$0 00 $0 00
$0 001----- $0.00
Important Information
$0 - $1,444.80 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 0055 YTG 7 9 220515 0
See reverse side for important information.
PAGE 1 of 4 I O &891 0500 BXIC 01D05596
$0.00
1566
$0.ool $0�
4.C.a
Packet Pg. 48
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
,
■
Transaction Details
Trans Post Reference Number Description
04/20 04/20 5542950FYLSGJ WOON EB CA PREVAILING WAGE 8014137200 04/20 04/20 5542950FYLSGKB1 OT EB CA PREVAILING WAGE 8014137200 04/20 04/20 5542950FYLSGK20T8 EB CA PREVAILING WAGE 8014137200 04120 04120 5542950FYLWQ6B8PW EB CA PREVAILING WAGE 8014137200 05/03 05103 5543286GB5SVH35H8 SQ 'LA PRENSA HISPANA INOIO CA 05/09 05109 F8891 OOGHOOCHGOOA AUTOMATIC PAYMENT- THANK YOU Wells Fargo News
Take advantage of the features that come with Online Banking:
CA
CA
CA
CA
JOHN CORELLA account ending
Credits Charges
81.20 81.20
81 20
81 20
1,120 00
1,748.21
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 49
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
'
N
■
Prepared For
Account Number
Statement Closing D_at_e __
Days in Billing Cycle
Next Statement Date
Credit -Line --
Available Credit
Pa ment Information
New Balance
--
CITY OF CATHEDRAL CITY
GEORGE CRUM
05/15/22
31 06/14/22
Current Payment Due (Minimum Payment)
Current PaymenJ Due Date
$2,653.54
$53.00
06/09/22
_f\ccount Summary
1 Credits
Previous Balance --
Payments
Purchases & Other Charges
Cash Advances
Finance Charges
New Balance
Rate Information
+
+
+
=
_ __ $441 .897
10.00 �41.89
_$2,653.54
-�0.00
$0.00
$2,653.54
Your rate may vary accordinq to the terms of your agreement.
TYPE OF BALANCE
PURCHASES
,..__
CASH ADVANCES
TOTAL
Important Information
ANNUAL DAILY
INTEREST FINANCE
RATE CHARGE RATE -+7.990% - 02189%
--
24 740
°/:T .06778% _1
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SSL PO Box 29482
Phoenix, AZ. 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE PERIODIC TRANSACTION
DAIL y FINANCE I FINANCE
BALANCE CHARGES CHARGES
TOTAL
FINANCE
CHARGES
$0.00 --$0.00 ro oo) - $0 oo,i_ __ $o� $0.oo - $0.00 $0 00 $0.00
$0.00
$0.00
$0 - $2,653.54 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 00:55 YTG 7 9 220515 0
See reverse side for important informabon
PAGE l of 4 l O 8891 0:500 8XIC 010115596 1570
4.C.a
Packet Pg. 50
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
■
Transaction Details
Trans Post Reference Number Description
04/15 04/15 5270487FT11H399FE DOUBLETREE GUEST STES 2144329555 CA CHECK-IN 04/10/22 FOLIO #00007355
04/25 04/25 5270487G3M0KVPDM9 DANA INN & MARINA 6192226440 CA CHECK-IN 04/24/22 FOLIO #18658700
04/27 04/27 0531461 GSOOQ4983J TONYS BURGERS- CATHEDR CATHEDRAL CIT CA 04/30 04/30 5543286G85SSMALFS RESIDENCE INN BY MARR! ANAHEIM HILLS CA CHECK-IN 04/30/22 FOLIO #120009
05/04 05/04 5543286GQ5SYQSQE3 PALM SP DESERT SUN 888-426-0491 IN 05105 05105 8543154GELD42Y8HT IACP 703-836-6767 VA
05/09 05/09 F8891 OOGHOOCHGDDA AUTOMATIC PAYMENT - THANK YOU 05/12 05/12 5270487GM2M4TFLWP PIZZERIA BAMBINOS INC CATHEDRAL CIT CA Wells Fargo News
Take advantage of the features that come with Online Banking:
GEORGE CRUM account ending
Credits
441 89
Charges
588 96
1 019.90
93 68
419.40
14 99
425 00
91.61 Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 51
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
'
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Prepared For
Account Number ---- Statement Closing pa::ct-=--e __ _
Days in Billing_ C_ycle __
Next Statement Date
Credit Line
Available Credit
Pa ment Information
New Balance
CITY OF CATHEDRAL CITY
TRACEY MARTINEZ
05/15/22
31 06/14/22
$7,!300
$6,504
Curren!_f�yment Due (Minimum Pa�ment)
Current Payment Due Date _
$1,295.38
$25.00
06/09/22
_t\ccount Summary_
Previous Balance
Credits
Payments
Purchases & Other Charges _
Cash Advances
Finance Charges
New Balance
Rate Information
+
+
+
$703.06
$0.00
$703.06
$1,295.38
$0.00
$0.00
$1,295.38
Your rate may vary according to the terms of vour agreement.
ANNUAL DAILY
INTEREST FINANCE
TYPE OF BALANCE RATE CHARGE RATE
7990% .02189% ' PURCHASES
CASH ADVANCES ----- _____L -t -24 7 40% .06778%_j_
TOTAL
Important Information
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SSL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE PERIODIC TRANSACTION TOTAL
DAILY FINANCE FINANCE FINANCE
BALANCE CHARGES CHARGES CHARGES
$0 00 $0 001 � $0.00
$0.00 $0 00 00 $0.00
$000 $0.00 $0.00
$0 - $1,295.38 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 0 035 YTG 7 9 ZZ0515 o
See reverse side for important information.
PAGE l of 4 l O 11891 0300 BXIC 01D115596 1565
4.C.a
Packet Pg. 52
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ,.,
'
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■
TRACEY MARTINEZ account ending
Transaction Details
Trans Post Reference Number Description
04/14 04/15 2524780FTOOWHOMV0 BILLY REEDS RESTAURANT PALM SPRINGS CA 04/16 04/16 5543286FS5SQAF31 X AMZN MKTP us·1O08U70A1 AMZN COM/BILL WA 04/16 04/16 5543286FS5SQ5AQS L AMZN MKTP US'1A8ILB1W2 AMZN.COM/BILL WA 04/20 04/20 5543286FY5SJG3H ED AMZN MKTP US'1A84U2I82 AMZN.COM/BILL WA 05/09 05/09 5554753GH5SYTLHKX ALZHEIMERS COACHELLA V 7605689221 CA 05/09 05/09 F8891 OOGH00CHGDDA AUTOMATIC PAYMENT· THANK YOU 05/10 05/10 0541019GJ2LR HG 1 SQ TARGET 00018697 REDLANDS CA 05/11 05/11 5543286GK5SF5VZZH AMZN MKTP us· 1367M1 KY0 AMZN COM/BILL WA Wells Fargo News
Take advantage of the features that come with Online Banking:
Credits
703.06
Charges
598.01
29.91 35.71
16.25 500.00
89.45 26.05
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 53
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
I
N
■
Prepared For
Account Number
Statement Closing Date
Days in Billin_g_yycle
Next Statement Date
Credit Line
Available Credit
Pa ment Information
New Balance
CITY OF CATHEDRAL CITY
JOHN MUHR
05/15/22
31 06/14/22
_$5,000
$2,925
�urrent Payment Due (fv!inimum Paymen___,t)L___
Current Payment Due Date
$2,074.50
$41.00
06/09/22
Account Summary
Previous Balance ----
Credits
Payments
Purchases & Ot�_I Cha,:g_es
Cash Advances
Finance Charges
New Balance
Rate Information
+
+
+
$2,897.74
$4.12
$2,893.62
$2,074.50
$0.00
$0.00
$2,074.50
Your rate may vary accordin to the terms of your agreement.
ANNUAL DAILY
INTEREST FINANCE
TYPE OF BALANCE RATE CHARGE RATE
PURCHASES
CASH ADVANCES
TOTAL
Important Information
7.990%
24.740%
.02189%
.06778%
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE I PERIODIC
DAILY FINANCE
BALANCE CHARGES
TRANSACTION
FINANCE
CHARGES
-:---r
$0.00
$0.00
$0 oof ___ $0.00
$0 00
$0.00 $0.00
TOTAL
FINANCE
CHARGES
$0.00
$0.00
$0.00
$0 - $2,074.50 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 0035 YTG 7 9 ZZ0515 0
See reverse side for important information.
PAGE l of 4 l O 11891 0300 BXIC 01005596 1573
4.C.a
Packet Pg. 54
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
JOHN MUHR account ending
Transaction Details
Trans Post Reference Number Description
04/18 04118 5548077FX5HW7TP8V AIRWAVE COMMUNICATIONS IMPERIAL CA 04/26 04/26 5543286G55SVKW4M7 STARBUCKS STORE 05595 CATHEDRAL CIT CA 04/30 04/30 5270487G8LQNL 1 A84 ADOBE ID CREATIVE GLD 4085366000 CA 05/03 05/03 0541019GQ31 T93X3Z STAPLES 00113845 CATHEDRAL CIT CA 05/04 05/04 0541019GQ2LR7SZBV TARGET 00003079 CATHEDRAL CIT CA 05/04 05/04 5526352GD2L T02TQR HARBOR FREIGHT TOOLS 5 CATHEDRAL CIT CA 05/04 05/04 5526352GD2L T02TQ1 HARBOR FREIGHT TOOLS 5 CATHEDRAL CIT CA 05/04 05/04 5548382GDAR PQXVE E SAMSCLUB COM 888-746-7726 AR 05/04 05/04 0230537GD5SAP103G AUTOZONE #5550 CATHEDRAL CIT CA 05/05 05/05 5530959GERQEQB7DG O'REILLY AUTO PARTS 30 CATHEDRAL CIT CA 05/05 05/05 5530959GERQEQB7HW O'REILLY AUTO PARTS 30 CATHEDRAL CIT CA 05/09 05/09 F8891 OOGH00CHGDDA AUTOMATIC PAYMENT· THANK YOU 05/10 05/10 5550036GK2M1 LQTQA JUAN POLLO 87 CATHEDRAL CIT CA 05/11 05/11 5543286GK5SQ6BYT0 AMZN MKTP US'134N032N2 AMZN.COM/BILL WA 05/12 05/12 5543286GL5SREFF6E SQ 'FASTSIGNS69901 877-417-4551 CA Wells Fargo News
Take advantage of the features that come with Online Banking:
Credits
412
2,893.62
Charges
798.89
27 15
20 99
20 76
32.61 22.60
246.80
9.78 17.39
33.15 30.18
244.69
569.51
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
Happy Anniversary
This month marks the anniversary of your Wells Fargo
Business Card. We thank you for your business and
look forward to serving you for years to come.
How can Wells Fargo help your business? Learn more at
wellsfargo.comJbiz
4.C.a
Packet Pg. 55
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
'
N
■
Prepared For
Account Number
Statement Closing_ Date
Da s in Billing_ Cycle
Next Statement Date
Credit Line c.___ __ _
Available Credit
Pa ment Information
New Balance
CITY OF CATHEDRAL CITY
JENNIFER NELLIS
-------
$6,500
$5,331
Current Payment Due (Minimum P�e�!}
$1,168.85
$25.00
Current Payment Due Date 06/09/22
Account Summary
Previous Balance
Credits
Pa ments
Purchases & Other Charges
Cash Advances
Finance Charges
New Balance
Rate Information
+
+
+
$3,655.17
$0.00
$3,655.17
$1,168.85
$0.00
$0.00
$1,168.85
Your rate may vary according to the terms of your agreement.
ANNUAL DAILY
INTEREST FINANCE
TYPE OF BALANCE RATE CHARGE RATE
PURCHASES
CASH ADVANCES
TOTAL
Important Information
-- 7.990%-+- .02189%
24 740% .06778%
�
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis. MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE PERIODIC TRANSACTION TOTAL
DAILY FINANCE FINANCE FINANCE
BALANCE
-�
CHARGES CHARGES CHARGES
$0.00 ... � $0.00 $0.00
$0.00 00 $0001 $0.00
-t- $0.00 $000 $0 00
$0 - $1,168.85 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 00:55 YTG 7 9 220515 0
See reverse side for important 1nformation.
PAGE l of<, l O 8891 0500 BXIC 010115596 1571
05/15/22
31 06/14/22
4.C.a
Packet Pg. 56
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
■
Transaction Details
Trans Post Reference Number Description
05/06 05/06 5270487GE11 H399G3 DOUBLETREE GUEST STES 2144329555 CA CHECK-IN 05/01/22 FOLIO #00007355
05/07 05/07 5543687GG4N6TNLEE DOUBLETREE HOTELS ORANGE CA CHECK-IN 05/04/22 FOLIO #1628437
05/09 05/09 5543286GH5STVE 1 WZ 828 PRIME*1L0S15MF1 AMZN.COM/BILL WA 05/09 05/09 5543286GJ5 VOLE YZ0 STARBUCKS STORE 05925 CATHEDRAL CIT CA 05/09 05/09 F8891 OOGHOOCHGDDA AUTOMATIC PAYMENT - THANK YOU 05/10 05/10 5543286G K5SB YV06S STARBUCKS STORE 05925 CATHEDRAL CIT CA 05/11 05/11 5543286GL5SMAKA9G STARBUCKS STORE 05925 CATHEDRAL CIT CA 05/12 05/12 5543286GM5SYPNNHM STARBUCKS STORE 05925 CATHEDRAL CIT CA Wells Fargo News
Take advantage of the features that come with Online Banking:
JENNIFER NELLIS account ending
Credits
3,655.17
Charges
588.96
426 90
75.04 17 95
20.00 20 00
20 00
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 57
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
I
N
.....D «
■
Prepared For
Account Number
CITY OF CATHEDRAL CITY
CHRISTOPHER PARMAN
--- Statem�nt Closing Dat_e ____ _ 05/15/22
D�s in Billing Cycle
Next Statement Date
Credit --Line --
Available Credit
Pa ment Information
New Balance
Current Payment Due (Minimum Payment)
Current Payment Due pate_
Ac£ount Summary
Previous Balance
Credits
Payments
------ - -
Purchases & Other Charges
Cash Advances
+
+
Finance Charges +
New Balance =
Rate Information
31 06/14/22
$10,000
$9,118
$881.61
$25.00
06/09/22
$427.51
$2,300.00
__j_Q.00
$2,754.10
_ _jQ.00
$0.00
$881.61
Your rate may vary according to the terms of your agreement.
ANNUAL DAILY
INTEREST FINANCE
TYPE OF BALANCE RATE CHARGE RATE
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ. 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE PERIODIC TRANSACTION TOTAL
DAILY FINANCE FINANCE FINANCE
BALANCE CHARGES CHARGES CHARGES
PURCHASES $0 00
CASH ADVANCES
TOTAL
7990%
I 24.740%
.02189%
.06778%
�-- $0 00! $0.00 $0.00
$0.00,
Important Information
$0 -$881.61 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
See reverse side for important information.
--+
5596 0035 VTG 7 9 220515 0 PAGE 1 of It 1 0 11891 0300 8)(1C 01D115596
DETACH HERF
------$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
157'+
4.C.a
Packet Pg. 58
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
I
N
■
CHRISTOPHER PARMAN account ending
Transaction Details
Trans Post Reference Number Description Credits Charges 04/20 04i20 5531020FY2DY JJtDS AMZN MKTP US'1O6EL3CP0 AMZN COM/BILL WA 38 55 04/25 04/25 5542950G3RS5AQM60 PAYPAL 'NICOLE.CUHNEY 4029357733 CA 103.20 04/25 04/25 5543286G45SE4ZYKV MICHAELS STORES 8733 PALM SPRINGS CA 34 40 05/03 05/03 5548077GB60GN0ZL 1 CLOUD COVER MUSIC 4242168345 CA 29 95 05/05 05/05 5542950GDRTR5J7W6 PAYPAL 'JLUPHOLSTER 4029357733 CA 2,300.00 05/06 05/06 5542950GERTTRG 12M PAYPAL*JLUPHOLSTER 4029357733 CA 2,300.00 05/12 05/12 5542950GLMNBK27PP THEEVENTSCALPLUGINS 8318547649 Ml 149.00 05/13 05/13 8230509GN00009APQ SITEORIGIN BEAVERTON OR 99.00 Wells Fargo News
Take advantage of the features that come with Online Banking:
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 59
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
'
N
■ WELLS FARGO® BUSINESS CARD
Prepared For CITY OF CATHEDRAL CITY
JEREMY POWERS
Account Number -- _ ----- Statement Closing Date 05/15/22 Days in Billin� Cycle __
31 Next Statement Date 06/14/22
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ. 85038-8650
Payments:
Page
-
1 of 4
Credit Line
Available Credit
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Pa ment Information
New Balance
Current Payment Due (�inimum Payment)
Current Payment Due Date
$84.46
$25.00
06/09/22
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
Account Summary
Previous Balance
Credits
Payments
Purchases & Other Charges
Cash Advances
Finance Charges
New Balance
Rate Information
+
+
+
=
$0.00
$0.00
$0.00
$84.46
$0.00
$0.00
$84.46
Your rate may vary according to the terms of your agreement.
ANNUAL DAIL y I AVERAGE
INTEREST FINANCE DAILY
TYPE OF BALANCE
PURCHASES
CASH ADVANCES
TOTAL
RATE CHARGE RATE I BALANCE
7.990% t .02189% $0.00t
�-----! ----,- . - -+ 24.740% .06778% $0.00
Important Information
$0 - $84.46 WILL BE DEDUCTED FROM YOUR ACCOUNT AND CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE AUTOMATIC
PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
See reverse side for important information.
PERIODIC
FINANCE
CHARGES
TRANSACTION
FINANCE
CHARGES
$0.00
-- $000. r
$0.00,
$0.00
$000 $0.00
5596 0035 YTG 7 9 220515 0 PAGE l of 4 l D 8891 0300 BXIC 01DQ5596 1569 TOTAL
FINANCE
CHARGES
$0.00
$0.00
$0.00
4.C.a
Packet Pg. 60
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ..,
'
N
■
Transaction Details
Trans Post Reference Number Description
05/02 05/02 0541019GA2LRB4XPP
Wells Fargo News
TARGET 00003079 CATHEDRAL CIT CA
Take advantage of the features that come with Online Banking:
JEREMY POWERS account ending
Credits Charges
84.46 Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating .
4.C.a
Packet Pg. 61
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) .. '
N
■
Prepared For
Account Number
Statement Closing Date
Da s in Billing Cycle
Next Statement Date
Credit Line
Available Credit
Payment Information
CITY OF CATHEDRAL CITY
DEANNAPRESSGROVE
05/15/22
31 06/14/22
____E,500
$4,949
New Balance ____ $2,550.46
Current Payment Due (Minimum Payment) ___ $51.00
C�rrent Payment Due Date 06/09/22
Account Summary
Previous Balance
Credits
Payments ___
Purchases & Other Char:ges
Cash Advances
Finance Charges
New Balance
Rate Information
+
+
+
=
$3,8�7.67
$21.72
$3,875.95
$2,550.46
$Q.OO
$0.00
$2,550.46
Your rate ma vary according to the terms of your agreement.
ANNUAL DAILY
INTEREST FINANCE
TYPE OF BALANCE RATE CHARGE RATE
02189%
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE
DAILY
BALANCE
PERIODIC
FINANCE
CHARGES
$0.00
TRANSACTION TOTAL
FINANCE FINANCE
CHARGES CHARGES
PURCHASES $0.00 $0.00
CASH ADVANCES
TOTAL
7990%
24.740%
_...,_ __
$0 00
06778% $000
Important Information
$0 - $2,550.46 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 0055 YTG 7 9 220515 0
See reverse side for important information.
PAGE 1 of 4 1 0 11891 0500 BXIC 01DQ5596
r\CTJ\f"'U UCCC
$0.00-+- $0.00 $0.00
$0.00 $0.00 $0.00
1566
4.C.a
Packet Pg. 62
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
■
DEANNA PRESSGROVE account ending
Transaction Details
Trans Post Reference Number Description
04/14 04/15 0230537FTOOKKE4RS USPS PO 0513920234 CATHEDRAL CIT CA 04118 04/18 5543286FW5SXT2AFG AMAZON.COM•1 A4FB5K60 AMZN.COM/BILL WA 04/21 04121 5543286FZ5SS3ZGJZ AMZN MKTP us·1O3KW4CA2 AMZN.COM/BILL WA 04121 04121 0230537GOO0J5NPRY USPS PO 0513920234 CATHEDRAL CIT CA 04126 04126 5543687G47K7792AK BURRTEC WASTE INDUSTRI 909-4294200 CA 04127 04/27 0541019G631 X24ABK STAPLES 00113845 CATHEDRAL CIT CA 04/28 04128 5543286G65V13WSFV AMZN MKTP us·1Q4QW6CB0 AMZN.COM/BILL WA 04128 04128 5543286G65V2DNMVB AMZN MKTP us·1Q95V5O80 AMZN COM/BILL WA 04129 04129 0230537G800KF03EP USPS PO 0513920234 CATHEDRAL CIT CA 05/03 05103 5543286GB5SVD4RE6 AMZN MKTP US AMZN COM/BILL WA 05/04 05104 5543286GQ5SZ2AWXL SQ CATHEDRAL CITY 424-832-1973 CA 05/04 05/04 5543286GQ5SZ2AW4L SQ CATHEDRAL CITY 424-832-1973 CA 05/06 05/06 0541019GF31XZS15R STAPLES 00113845 CATHEDRAL CIT CA 05/07 05/07 5543286GF5SZK6M1 G AMAZON.COM•1 L5CJ1NY1 AMZN.COM/BILL WA 05/09 05/09 F8891 OOGH00CHGDDA AUTOMATIC PAYMENT - THANK YOU 05/11 05/11 0541019GL31X3L0F7 STAPLES 00113845 CATHEDRAL CIT CA 05/11 05/11 5543286GK5SEEZ11 K AMAZON.COM'1345H4782 AMZN.COM/BILL WA Wells Fargo News
Take advantage of the features that come with Online Banking:
Credits
21.72 3,875.95
Charges
14 17
157.14
21.72 8.56
26 10
491 89
419.88
92.40 584
282.00
263 00
272.03
161.19
40.94 293.60
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 63
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) .. '
N
Prepared For
Account Number
Statement Closing Date __ _
Days in Billin_g_Qycle
Next Statement Date
Credit Line
Available Credit
Pa ment Information
New Balance
CITY OF CATHEDRAL CITY
ROBERT RODRIGUEZ
05/15/22
--- 31
06/14/22
14,000
$3,248
Current Payment D�� (Minimum Payment) __
$751.08
$25.00
Current Payment Due Date 06/09/22
____ _
Account Summary
Previous Balance
Credits
Pa ments
Purchases & Other Cha.I9_es
Cash Advances
Finance Charges
New Balance
Rate Information
+
+
+
=
$78.00
$0.00
$7�.00
$751.08
$0.00
j0.00
$751.08
Your rate may vary according to the terms of your agreement.
ANNUAL DAILY
INTEREST FINANCE
TYPE OF -BALANCE RATE CHARGE RATE -- PURCHASES -- - 7.990% .02189%
24.740% �778% - i- CASH ADVANCES
TOTAL
Important Information
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE ' PERIODIC TRANSACTION I TOTAL
DAILY FINANCE FINANCE FINANCE
BALANCE CHARGES CHARGES CHARGES
$0.00 $0 00 $0.�r $0.00
$ooo1 -- $0.00 $0 00 $0.00 � -
$000 $0 00 $0.00
$0 - $751.08 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 0035 YTG 7 9 220515 0
See reverse side for important information.
PAGE l of 4 l O 11891 0300 BXIC OlDQ5596 1567
4.C.a
Packet Pg. 64
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
'
N
■
Transaction Details
Trans Post Reference Number
04/14 04/15 1527021FR0384K6YF
05/03 05/03 5542135GQVALDX8F0
05/03 05/03 8550039GBS66K17KF
05/04 05/04 5542135GDVALY0DN2
05/09 05/09 F8891 OOGH00CHGDDA
Wells Fargo News
Description
FLIR EXTECH CA CA
RVSD SHERIFF BEN CLARK RIVERSIDE CA
CACEO SACRAMENTO CA
RVSD SHERIFF BEN CLARK RIVERSIDE CA
AUTOMATIC PAYMENT· THANK YOU
ROBERT RODRIGUEZ account ending
Credits Charges
369.74
143.17
95.00 143.17
78.00 Take advantage of the features that come with Online Banking:
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone .
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 65
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
'
N
II
Prepared For
Account - --Number
Statement Closing Date
Day_s in Bill!!:!_g Cycle
Next Statement Date
Credit Line
Available Credit
Pa ment Information
New Balance
CITY OF CATHEDRAL CITY
CRAIG SANBORN
05/15/22
31 06/14/22
___ $5,000
$4,185
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Current Pa�ment_Due (Minimu_!!!_Paymen!) __
Current Pay!!lent Due Da�
$814.42
$25.00
06/09/22
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
Account Summary
Credits
Previous Balance ---
Pa_yments __
Purchases & Other Charges
Cash --Advances - -
Finance Charges __ _
New Balance
Rate Information
+
+
+
$0.00
$0.00
$0.00
$8J__4.42
__ $0.00
$0.00
$814.42
Your rate may vary according to the terms of your agreement.
TYPE OF BALANCE
PURCHASES
CASH ADVANCES
TOTAL
Transaction Details
ANNUAL
J INTEREST
RATE
I -7 990"/o _T 24.740"/o
DAILY AVERAGE
FINANCE DAILY
CHARGE RATE BALANCE
02189% �- $0 00
.06778% $0 001
Trans Post Reference Number Description
04/18 04/18 5531020FW60T2JMS6
05113 05/13 5543687GMJM97JLBQ
WINCH ELLS DONUT HOUSE CATHEDRAL CIT CA
ZORO TOOLS INC 855-2899676 IL
See reverse side for important information.
PERIODIC
FINANCE I
CHARGES I
- $0 00
-$0.00
$000
5596 0035 YTG 7 9 ZZ0515 0 PAGE 1 of� 1 0 8891 0300 BXIC 01DQ5596
TRANSACTION
FINANCE
CHARGES i
$0 00 - --$0.00
$000
Credits
1577
TOTAL
FINANCE
CHARGES
$0.00
$0.00
$0 00
Charges
25.98 788 44
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Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
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■
Wells Fargo News
Take advantage of the features that come with Online Banking:
CRAIG SANBORN account ending
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4.C.a
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Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ...
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Prepared For
Account - --Number
Statement Closing__ Date
Days in Billin_g Cycle
Next Statement Date
Credit Line ---
Available Credit
Pa ment Information
New Balance
CITY OF CATHEDRAL CITY
TAMI SCOTT
---
- _05{1_5/2�
31 06/14/22
$5,000
$4,955
Current P__!_yment Due (Minimum Payment)
Current Payment Due_Q_ate
_$45.00
__ $25,00
06/09/22
Account Summary
Previous Balance ---
Credits
Payments
Purchases & Other Charges
Cash Advances
Finance Charges
New Balance
-- --
---
----
+ -- +
+
:::
Wells Fargo Business Card Rewards
Membership No:
Previous Balance
Points Earned this Month
Points From Other Company Cards
Bonus Points Earned
Adjustment�
Earn More Mall® Bonus Points -
Redeemed
Total Available :::
$§.00
$0.00
$45.00
$!5.00
$0.00
$0.00
$45.00
04469022
559,757
45 18,199
1,000 ----
0 0
0 579,001
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
Rewards Notice
Check your point balance and redeem your
points at wellsfargo.com/businessrewards. You
can also call our Rewards Service Center I rom
8 a.m. to midnight (ET) at 1-800-213-3365.
Congratulations! You've earned 1,000 bonus
points because your total company spend was
at least $1,000 in this billing period.
See reverse side for important information.
5596 0 035 YTG 7 9 220515 D PAGE l of 4 l 0 8891 D3D0 BXIC D1O115596 r"'ICTA,-.U UC C
1572
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Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ■
Rate Information
Your rate may vary according to the terms of your agreement.
ANNUAL I DAIL y I INTEREST FINANCE
TYPE OF BALANCE RATE CHARGE RATE
PURCHASES
CASH ADVANCES
TOTAL
Important Information
7990%
24.740%
021 89%
06778%
AVERAGE
DAILY
BALANCE
$0.00
$0 00
$0 - $45.00 WILL BE DEDUCTED FROM YOUR ACCOUNT AND CREDITED � AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE AUTOMATIC
I
PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
Transaction Details
Trans Post Reference Number Description
05/03 05/03 5543286GB5SVZLMPR THE TOLL ROADS OF OC 949-727-4800 CA 05/09 05/09 F889100GH0OCHGDDA AUTOMATIC PAYMENT· THANK YOU Wells Fargo News
Take advantage of the features that come with Online Banking:
TAMI SCOTT account ending
PERIODIC TRANSACTION TOTAL
FINANCE FINANCE FINANCE
CHARGES CHARGES CHARGES
_$0 00\
$000 $0 00
$0.00 $000 $0.00
$0.00 $0 oo
i $0 00
Credits Charges
45.00 45.00
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
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Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ....
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Prepared For
Account Number
Statement Closing Date __ _
Days in Bill�� __
Next Statement Date
Credit Line
Available Credit
Pa ment Information
New Balance
CITY OF CATHEDRAL CITY
STEPHEN TUMIR
-----
-----
05/15/22
31 06/14/22
$5,000
$3,723
Current Payment Due (Minimum Payment)
Current Paymen_! Due Date
$1,276.88
$25.00
06/09/22
Account Summary __
Previous Balance -------
Credits
Payments
Purchases & Other Charges
Cash Advances --- Finance Char�
New Balance
Rate Information
+
+
+
$388.81
$0.00
_ $388.81
___ $1,276.88
$0.00
$0.00
$1,276.88
Your rate may vary according to the terms of our a reement.
ANNUAL I DAIL y
INTEREST FINANCE
TYPE OF BALANCE RATE CHARGE RATE
PURCHASES ___
7.990% �2189% \
CASH ADVANCES ___
24.740% t .06778% 1
TOTAL
Important Information
WELLS FARGO® BUSINESS CARD
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
AVERAGE I PERIODIC TRANSACTION TOTAL
DAILY FINANCE FINANCE FINANCE
BALANCE CHARGES CHARGES CHARGES
$QOOi $0� $0.00 $0.00
--$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0 00
$0 - $1,276.88 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 003.5 YTG 7 9 ZZ0515 0
See reverse side for important information.
PAGE l of '< l O 11891 03.00 BXIC Ol0Q5596 1578
r"\CTl\f"'W WC:Ct::
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Transaction Details
Trans Post Reference Number Description
04/18 04/18 2524780FW0130NHM6 DESERT PROMOTIONAL & E CATHEDRAL CIT CA 04118 04/18 5531020FWBLXG5MDM DALESIO INC 9517370383 CA 04/23 04/23 8271116G1000AHD37 SP STELLAR TECHNICAL GARDENA CA 04/25 04125 7514041G3S66HXEWR FIRE-ETC 619-5257286 CA
05/09 05/09 F8891 OOGHOOCHGDDA AUTOMATIC PAYMENT - THANK YOU Wells Fargo News
Take advantage of the features that come with Online Banking:
STEPHEN TUMIR account ending
Credits Charges
15.00 284.76
185.41
791. 71
388.81
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
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Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) .. I
N
■ WELLS FARGO® BUSINESS CARD
Prepared For
�count Number_
Statement Closing Date
.._Qays in Billin�le
Next Statement Date
CITY OF CATHEDRAL CITY
ROBERT WILLIAMS
- -
05/15/22
31 06/14/22
For Customer Service Call:
800-225-5935
Inquiries or Questions:
Wells Fargo SBL PO Box 29482
Phoenix, AZ 85038-8650
Payments:
Page
-
1 of 4
Credit Line
Available Credit
$5,000
$4,797
Payment Remittance Center PO Box 77033
Minneapolis, MN 55480-7733
Pa ment Information
New Balance
Current Payment Due (Minimum Payment)
Current Payment_Q__ue Date
__ $111.74
$25.00
06/09/22
Thank you for using our Automatic Payment
service. See the Important Information section
below for your next scheduled payment.
If you wish to pay off your balance in full: The
balance noted on your statement is not the
payoff amount. Please call 800-225-5935 for
payoff information.
Account Summary
Previous Balance
Credits
�yments
Purchases & Other Charges
Cash Advances
Finance Charges
New Balance
Rate Information
+
+
+
=
--- $19.57
$0.00
$19.57
$111.74
--- $0.00
--- $0.00
$111.74
Your rate may vary accordin to the terms of your agreement.
ANNUAL I DAIL y I AVERAGE I PERIODIC
INTEREST FINANCE DAILY FINANCE
TYPE OF BALANCE RATE CHARGE RATE BALANCE CHARGES
PURCHASES
CASH ADVANCES --- TOTAL
Important Information
7.990%
24 740%
02189%
.06778% T L
-+- -$0
$0.00
00 r
$0 - $111.74 WILL BE DEDUCTED FROM YOUR ACCOUNT AND
CREDITED AS YOUR AUTOMATIC PAYMENT ON 06/09/22. THE
AUTOMATIC PAYMENT AMOUNT WILL BE REDUCED BY ALL PAYMENTS POSTED ON OR BEFORE THIS DATE.
5596 0 035 VTG 7 9 220515 0
See reverse side for important information
PAGE l of 4 l O &1191 0300 BXIC 010115596
r"lt:'.TAr-U UCOC
$0.001
$0.00
$0.00
TRANSACTION
FINANCE
CHARGES
1579
TOTAL
FINANCE
CHARGES
$0.00
$0.00
$0.00
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Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) ■
ROBERT WILLIAMS account ending
Transaction Details
Trans Post Reference Number Description
05/09 05/09 F889100GHOOCHGDDA AUTOMATIC PAYMENT - THANK YOU 05/14 05/14 8271116GNOO0B2YQN COL COLUMBUS OH
Wells Fargo News
Take advantage of the features that come with Online Banking:
Credits Charges
19.57 111.74
Messages and alerts: Stay informed about your account with updates sent to your email or mobile phone.
Wells Fargo Card Design Studio® service: Make your card as unique as your business. Customize your card design with this free service.
Z Automatic Payments: Never miss a payment, avoid late charges and protect your credit rating.
4.C.a
Packet Pg. 73
Attachment: Demand Register May 2022 (3301 : Receive and File Payment of Claims and Demands for May 2022) Cathedral City Page 1 of 2 Printed on 7/14/2022
Staff Report
City Council
Item No. 4.D
Meeting Date: June 22, 2022
From: Charles McClendon, City Manager
Title: DAP / Revivals Volunteer Appreciation Dinner
City Council
RECOMMENDATION:
To approve a Special Use Permit authorizing the Desert AIDS Project to hold a volunteer appreciation dinner at the Cathedral City Community Amphitheater on April 2, 2023.
BACKGROUND:
Desert AIDS Project (DAP) Health was founded as an all-volunteer response to the HIV and AIDS epidemic in 1984. They have since relied on volunteers to assist in their mission to serve the health needs of the community. Volunteers help in the following ways:
• Help plan and support DAP staff during events like Desert AIDS Walk, Steve Chase Humanitarian Awards, and Dining Out for Life.
• Assist with special Wellness programs at DAP, by providing skills to clients.
Examples include volunteer hairstylists, volunteer yoga teachers, volunteer Reiki master or light workout physical trainers.
• Assemble safer-sex kits for distribution to the community. • Cashiers, processing, and customer service at all Revival Stores.
Each year, DAP hosts a Volunteer Appreciation Dinner, where the volunteers are the stars – no matter the hours they’ve served – while DAP staff and employees take on volunteer duties.
DISCUSSION:
DAP would like to hold the private annual Volunteer Appreciation Dinner outdoors at the Cathedral City Community Amphitheater on Sunday, April 2, 2023 from 4 pm to 6:30 pm. They expect 300 – 350 attendees who will select meals from food trucks and listen to DJ music until the awards portion of the event begins. They are not planning to serve alcohol. They will contract directly with all food trucks and party equipment and services. Set-up will begin at 12 noon and teardown completed at approximately 8:00 pm. They will abide by all applicable regulations and ordinances.
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FISCAL IMPACT:
DAP has agreed to the non-profit amphitheater rental rate of $2,500 per day. They agreed to the Special Use Permit application fee of $510 but would hope that a councilmember(s) might use their discretionary funds to offset the $510 application fee due to the worthiness of the organization and reason behind the dinner. The number of guests at the dinner allows for them to simply use the permanent restrooms and they will have a bathroom attendant to make sure there are enough supplies, and the restrooms remain clean. They have also agreed to utilize the City’s sound and lighting technician for the amphitheater at a rate of $75 per hour. They will provide all general liability insurance requirements covering the city.
ATTACHMENTS:
CC Special Use Permit for 4-2-23
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner)
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Attachment: CC Special Use Permit for 4-2-23 (3299 : DAP / Revivals Volunteer Appreciation Dinner) Cathedral City Page 1 of 3 Printed on 7/14/2022
Staff Report
City Council
Item No. 4.E
Meeting Date: June 22, 2022
From: John Corella, Director of Engineering/Public Works Title: Authorize the City Manager to negotiate and execute necessary right of way agreements for the Active
Transportation Program (ATP) Cycle 5 Project
City Council
RECOMMENDATION:
Authorize the City Manager and/or designee to negotiate and execute the necessary right of way agreements and all ancillary documents necessary for the Active Transportation Program (ATP) Cycle 5 Project; and authorize the payments for the easements and other costs associated with the Right of Way portion of each Project in the amount of $34,800 and authorize a 20% contingency in the amount of $6,960 for a total of $41,760; and authorize a General Fund Budget Amendment to provide the funding.
BACKGROUND:
Cathedral City and the Coachella Valley Association of Governments (CVAG) entered into a Cooperative Reimbursement Agreement, in December 2019, as part of their 2019 – Bicycle and Pedestrian Safety Program – Active Transportation Plan (ATP) Cycle 5 Preparation Grant Fund. Cathedral City’s ATP Project will improve three segments connected to the downtown area that will improve accessibility to active transportation.
The three segments and the improvements that make up the Downtown Gap Connectors Project are listed below:
• Cathedral Canyon Drive – Curb and gutter, sidewalk, ADA curb ramp, landscaping
• Date Palm Drive – Curb and gutter, sidewalk, ADA curb ramps, driveway approach, metal hand railings, catch basin, bridge widening, standing wall, and landscaping
• East Palm Canyon Drive – Signing and striping, chevrons, and loop detectors Caltrans requires Right of Way (R/W) Certification for any project for which plans, specifications, and estimates (PS&E) are submitted to the district, region, or Headquarters. R/W Certification is a written statement summarizing the status of all right of way related matters pertaining to a proposed construction project. The purpose
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of the R/W Certification is to confirm that the project construction bid is ready for advertising and affirms the following:
• Real property interests have been, or are being, secured; and • Physical obstructions including utilities and railroads have been or will be removed, relocated, or protected as required for construction, operation, and maintenance of the proposed project; and
• R/W acquisition and relocation assistance program requirements have been conducted in accordance with applicable federal and state laws and procedures.
DISCUSSION:
For the Downtown Gap Connectors Project to comply with Caltrans R/W standards and requirements, the City is obligated to acquire permanent and temporary construction easements from the Bureau of Indian Affairs (BIA). The easements are as follows:
• #81EA: Welks Resort Driveway on Cathedral Canyon Drive - This temporary construction easement is located on 34567 Cathedral Canyon Drive, and it is 2,358 square feet in size. The formal offer to purchase this allotment was $7,100. • #12C: Date Palm Drive - The permanent, 50-year, sidewalk and utility easement is adjacent to 69034 East Palm Canyon Drive, and it is 304 square feet in size.
The formal offer to purchase this allotment was $5,500. • #65E: Calle Mora - The temporary construction easement is 658 square feet in size and the permanent sidewalk/utility easement is 1,743 square feet. The formal offer to purchase this allotment was $22,200.
To complete the R/W Certification process for the Project, City Staff recommends the City Council authorize the City Manager and/or designee to negotiate and execute the necessary right of way agreements and all ancillary documents necessary for the ATP Cycle 5 Project; and authorize the payments for the easements and other costs associated with the Right of Way portion of each Project in the amount of $34,800 and authorize a 20% contingency in the amount of $6,960 for a total of $41,760; and authorize a General Fund Budget Amendment to provide the funding.
FISCAL IMPACT:
The fiscal impact for these acquisitions is $34,800. With approval of a 20% increase of $6,960 if the owners propose counteroffers, the total fiscal impact requested is $41,760.
Staff requests a budget amendment of $41,760 from the General Fund, 100-150-156- 8802, to complete the R/W acquisition process.
Note regarding why these right-of-way acquisitions were not included in the Grant Application: In the latter stages of the ATP Cycle 5 Grant application process, it was determined that securing the right-of-way for these three locations on Tribal land may move the City into further environmental reviews, increase the costs, and time to complete the Projects. This could have reduced our score for success in securing this Grant. Thus, City Staff decided to omit these costs from the grant application and fund these separately if the Grant was awarded.
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ATTACHMENTS:
Exhibit Calle Mora and Welks
Exhibit Date Palm and EPC
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PLANNING | ENGINEERING |
CONSTRUCTION MANAGEMENT
Cathedral City
CVAG 2019 Regional ATP Projects
Cathedral Canyon Drive
North
Alternative at Calle Mora
Existing Right-of-Way
Legend
Property Line
PCC Sidewalk
TCE
Right-of-Way Take
Cathedral Canyon Dr Paseo Real Welk Resorts
Cathedral Canyon Dr Calle Mora
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Attachment: Exhibit Calle Mora and Welks (3302 : Authorize the City Manager to negotiate and execute right of way agreements for ATP Cycle 5) APN: 674-500-006
OWNER: USA BIA
PLANNING | ENGINEERING |
CONSTRUCTION MANAGEMENT
NE CORNER OF DATE PALM DRIVE AND
EAST PALM CANYON DRIVE (HWY 111)
6' DATE PALM DRIVE
EAST PALM CANYON DRIVE (HWY 111)
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Attachment: Exhibit Date Palm and EPC (3302 : Authorize the City Manager to negotiate and execute right of way agreements for ATP Cycle 5) Cathedral City Page 1 of 5 Printed on 7/14/2022
Staff Report
City Council
Item No. 4.F
Meeting Date: June 22, 2022
From: John Corella, Director of Engineering/Public Works Title: Contracts for Triennial On-Call Services for Surveying, Traffic Engineering, and Material Testing Services
City Council
RECOMMENDATION:
Award triennial on-call and/or as needed service contracts to: Albert A. Webb Associates and GIS Surveyors, Inc. for Professional Land Surveying and Mapping Services; award Albert A. Webb Associates, Advantec Consulting Engineers, Inc. and STC Traffic, Inc. for On-Call Traffic Engineering Services; and award Landmark Consultants and Inland Foundation Engineering, Inc. for Material Testing Services and Professional Geotechnical Recommendations; and Authorize the Director of Engineering/ Public Works to negotiate to reduce the final labor, equipment, and additional work rates; and Authorize the City Manager to execute all required contracts.
BACKGROUND:
The City of Cathedral City has found it both efficient and cost effective to bid out for oncall and/or as needed services that provide a specialized service, rather than having full time personnel on staff that are specialized in that particular skill set. Land surveyors, traffic engineers, and material testing professional services are regularly called upon to assist the City's Engineering and Public Works Departments.
As-Needed Professional Land Surveying and Mapping Services As-Needed Professional Land Surveying and Mapping Services have been contracted out the last eight (8) years. Land survey equipment is expensive to purchase and highly specialized as is the training necessary to maintain and use the equipment effectively.
Having outside service providers with their trained personnel and specialized equipment has proven to be a cost-effective alternative to providing this service in house.
For the past two (2) years, Fomotor Engineering Inc., MSA Consulting, Inc., and NV5, Inc. have been contracted to provide the City with these services.
As-Needed Professional Traffic Engineering Services
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As-Needed Professional Traffic engineering services have also been contracted out for the past eight (8) years. Traffic engineering services are necessary to support and review a variety of applications for development projects, provide resources for the design of the City’s Capital Infrastructure Projects and conduct City wide traffic speed surveys, reports and evaluations. Due to the highly technical nature of these services and the limited supply of qualified traffic engineers the City has found it cost-effective and historically contracted for Professional As-Needed Traffic Engineering Services.
For the past two (2) years Advantec Consulting Engineers, Inc. and Webb Associates have provided the City with these services.
As-Needed Materials Testing and Professional Geotechnical Services As-Needed Material Testing and Professional Geotechnical Services have also been contracted out for the past eight (8) years. These services are necessary to support public right of way construction projects. The material testing equipment required for these services is highly specialized as is the training necessary to maintain and use the equipment. Having outside service providers with their trained personnel and specialized equipment has proven to be a cost-effective alternative to performing the services in house.
For the past two (2) years Petra Geosciences, Inc., Leighton Consulting, Inc., and Geocon West, Inc. have provided the City these services.
It has been approximately two years since a request for proposals for Surveying and Mapping Services, Traffic Engineering Services and Materials Testing Services and Professional Geotechnical Services were solicited. The current contracts for Surveying and Mapping Services and Traffic Engineering Services will conclude on June 30, 2022, and Materials Testing Services and Professional Geotechnical Services will conclude on July 21, 2022.
DISCUSSION:
To prepare for the next on-call contract cycle for these services, City Engineering Staff solicited separate Request for Proposals (RFP) for Surveying and Mapping Services, Traffic Engineering Services, and Materials Testing Services and Professional Geotechnical Services. The RFP was circulated for triennial services (every three (3) years), with the option for two (2) one-year extensions for a potential contract term of five (5) years.
The RFPs for Services were advertised in the Desert Sun on May 5, 2022, and May 12, 2022. It was also posted at City Hall and on the City Website. Firms were asked to provide cost proposals that included hourly rates and/or unit costs for various services in a separate, sealed envelope. The deadline to submit a proposal was May 26, 2022, at 2:00 PM.
The Proposals were reviewed by a panel consisting of City Staff on June 01, 2022.
Based on these reviews, the panel selected the firms deemed to be the most responsive, qualified, and knowledgeable about the requirements for the various
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services, as well as knowledgeable of Cathedral City and its projects. All selections of service providers were made to ensure City Staff had flexibility and options to assure timely performance for any of the typical and/or extraordinary tasks, that may be ordered. The selected firms will work closely with the Engineering Department and/or Public Works to perform the services required for ordered tasks.
As-Needed Professional Land Surveying and Mapping Services Proposals were received from four firms:
• TKE Engineering, Inc.– Riverside, CA
• GSI Surveyors, Inc. – Yorba Linda, CA
• Albert A. Webb Associates – Riverside, CA
• David Evans and Associates – Ontario, CA
After Staff evaluated the proposals the top three highest ranked consulting firms were:
• Albert A. Webb Associates – Riverside, CA
• GSI Surveyors, Inc. – Yorba Linda, CA
• David Evans and Associates – Ontario, CA
The cost proposal from David Evans and Associates is approximately 25% higher than the City’s current As-Needed Professional Land Surveying and Mapping Services.
David Evans and Associates expressed that their rates are non-negotiable. Although qualified, Staff has excluded them from further contract cost negotiations and is not recommending their proposal for further consideration. In comparing the 2020 hourly rates to the 2022 hourly rates there is an approximately 9% - 15% increase for both Albert A. Webb Associates and GSI Surveyors. These price increases are in line with current inflation and what Staff is seeing for the cost of these services overall.
Therefore, Staff recommends approval of the attached Design Professional Services Agreements with Albert A. Webb Associates and GSI Surveyors, Inc. to provide AsNeeded Professional Land Surveying and Mapping Services.
As-Needed Professional Traffic Engineering Services
Proposals were received from the following:
• Advantec Consulting Engineers, Inc. – Palm Desert, CA • Albert A. Webb Associates – Riverside, CA
• KOA Corporation – La Quinta, CA
• STC Traffic, Inc. – Carlsbad, CA
• Kimley Horn – Indian Wells, CA
• Michael Baker – Palm Desert, CA
After Staff evaluated the proposals the top three highest ranked consulting firms were:
• Albert A. Webb Associates – Riverside, CA
• Advantec Consulting Engineers, Inc. – Palm Desert, CA
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• STC Traffic, Inc. – Carlsbad, CA
All three firms have experience working with City Staff on Capital Infrastructure Projects.
Webb Associates and Advantec Consulting Engineers have served as the previous AsNeeded Professional Traffic Engineering Services for the RFP issued in 2020. In comparing the 2020 hourly rates to the 2022 hourly rates there is an approximately 5% - 10% increase for both firms. STC Traffic, Inc 2022 hourly rates are also within range of Webb Associates and Advantec. These price increases are in line with current inflation and what Staff is seeing for the cost of these services overall.
Therefore, Staff recommends approval of the attached Design Professional Services Agreement with Albert A. Webb Associates, Advantec Consulting Engineers, Inc., and STC Traffic, Inc. to provide As-Needed Professional Traffic Engineering Services.
As-Needed Materials Testing and Professional Geotechnical Services Proposals were received from the following:
• Fenagh Engineering – Rancho Cucamonga, CA
• MTGL, Inc. – Riverside CA
• Landmark Consultants – Palm Desert, CA
• Inland Foundation Engineering, Inc. – Palm Desert, CA • Aragon Geotechnical, Inc. – Riverside, CA
• Earth Systems, Bermuda Dunes, CA
After Staff evaluated the proposals the top three highest ranked consulting firms were:
• Landmark Consultants – Palm Desert, CA
• Inland Foundation Engineering, Inc. – Palm Desert, CA • Earth Systems – Bermuda Dunes, CA*
*Earth Systems did not submit the correct cost proposal which disqualifies them from being selected.
In comparing the 2020 hourly rates to the 2022 hourly rates there is an approximately 20% to 26 % increase for Landmark Consultants. Staff negotiated the hourly rates with Landmark Consultants which reduced cost to an 8% to 20% increase. These price increases are in line with current inflation and what Staff is seeing for the cost of these services overall. Inland Foundation Engineering, Inc. hourly rates are lower when compared to the current contracted As-Needed Materials Testing and Professional Geotechnical Services.
Therefore, Staff recommends approval of the attached Material Testing and Professional Geotechnical Services Agreement with Landmark Consultants and Inland Foundation Engineering to provide As-Needed Materials Testing and Professional Geotechnical Services.
FISCAL IMPACT:
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These specific consulting services are currently budgeted and included in the City’s FY 2022/23 Budget plan for Engineering Professional and Technical Services Fund 100- 8601. Using the hourly rates and unit prices from the agreements, City Staff will negotiate Task Orders for each type of service required for a project. Some Task Orders will be grant eligible, others will be funded by local share moneys and others within the particular project costs. Total costs and funding sources for Task Orders prepared under the on-call and/or as needed contracts will be identified as each Task Order is issued.
Council approval, if needed, will be obtained prior to issuance of a Notice to Proceed, if the item exceeds a City Department's respective purchasing guideline requirements.
ATTACHMENTS:
Design Professional Agreement - Webb Associates - Survey Design Professional Agreement - GIS Surveyors, Inc.
Design Professional Agreement - Webb Associates - Traffic Design Professional Agreement - STC Traffic, Inc.
Design Professional Agreement - Advantec Consulting Engineers, Inc Design Professional Agreement - Landmark Consultants
Design Professional Agreement - Inland Foundation Engineering
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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
ALBERT A. WEBB ASSOCIATES
AS-NEEDED PROFESSIONAL LAND SURVEYING AND
MAPPING SERVICES FOR VARIOUS CITY PROJECTS
This Agreement for Design Professional Services (“Agreement”) is entered into as of July 1, 2022 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Albert A. Webb Associates (“Design Professional”).
City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance of enginereing services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional 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:
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Attachment: Design Professional Agreement - Webb Associates - Survey (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic -2-
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the Effective Date ("Term") with an option to extend the Agreement for two (2) additional one (1) year terms.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Specific Scopes of Services shall be defined in individual Task Orders. In general, Design Professional agrees to perform any of the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to a schedule specified in the individual Task Order Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional 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 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the hourly rates specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation for an individual Task Order, including reimbursement for actual expenses, shall not exceed the amount negotiated by the Parties, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional 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, 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
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independently review each invoice submitted by the Design Professional 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 Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional 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 Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional 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 Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such 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 Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time 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 Design Professional’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 Design Professional’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) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional 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. Design Professional 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, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. 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 Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws apply to land surveying work completed under this Agreement.
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SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional 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 Design Professional’s performance of the Services. Design Professional 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. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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(b) Design Professional, 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 Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional, 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 Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional 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 claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or subconsultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity
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involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) 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 16. INSURANCE.
Design Professional 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. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional 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 Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’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 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
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SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional 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 Design Professional 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional 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 Design Professional. 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
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weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Webb Associates
Attn: Reed Chilton, PE, QSD
3788 McCray Street
Riverside, CA 92506
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY ALBERT A. WEBB ASSOCIATES
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Packet Pg. 108 Attachment: Design Professional Agreement - Webb Associates - Survey (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
4.F.a
Packet Pg. 109 Attachment: Design Professional Agreement - Webb Associates - Survey (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
4.F.a
Packet Pg. 110 Attachment: Design Professional Agreement - Webb Associates - Survey (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic A
-1
EXHIBIT "A"
SCOPE OF SERVICES FROM PROPOSAL
4.F.a
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4.F.a
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4.F.a
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4.F.a
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-1
EXHIBIT "B"
SUMMARY OF COSTS FROM PROPOSAL
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4.F.a
Packet Pg. 116 Attachment: Design Professional Agreement - Webb Associates - Survey (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic C-1
EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
4.F.a
Packet Pg. 117 Attachment: Design Professional Agreement - Webb Associates - Survey (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic C-2
$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider’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, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4.F.a
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4.F.a
Packet Pg. 119 Attachment: Design Professional Agreement - Webb Associates - Survey (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic -1-
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
GIS SURVEYORS INC.
AS-NEEDED PROFESSIONAL LAND SURVEYING AND
MAPPING SERVICES FOR VARIOUS CITY PROJECTS
This Agreement for Design Professional Services (“Agreement”) is entered into as of July 1, 2022 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and GIS Surveyors, Inc. (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance engineering services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional 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:
4.F.b
Packet Pg. 120 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., -2-
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the Effective Date (“Term”) with an option to extend the Agreement for two (2) additional one (1) year terms.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Specific Scopes of Services shall be defined in individual Task Orders. In general, Design Professional agrees to perform any of the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to a schedule specified in the individual Task Order Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional 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 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the hourly rates specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation for an individual Task Order, including reimbursement for actual expenses, shall not exceed the amount negotiated by the Parties, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional 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, 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
4.F.b
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independently review each invoice submitted by the Design Professional 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 Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional 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 Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional 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 Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
4.F.b
Packet Pg. 122 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., -4-
SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such 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 Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time 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 Design Professional’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 Design Professional’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) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional 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. Design Professional 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, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. 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 Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws apply to land surveying work completed under this Agreement.
4.F.b
Packet Pg. 124 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., -6-
SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional 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 Design Professional’s performance of the Services. Design Professional 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. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional 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.
4.F.b
Packet Pg. 125 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., -7-
(b) Design Professional, 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 Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional, 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 Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional 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 claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or subconsultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity
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involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) 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 16. INSURANCE.
Design Professional 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. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional 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 Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’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 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
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Packet Pg. 127 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., -9-
SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional 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 Design Professional 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional 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 Design Professional. 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
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weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: GIS Surveyors, Inc.
Attn: Dennis Rose, PLS - Cheif Operating Officer
22875 Savi Ranch Parkway, Suite A
Yorba Linda, CA 92887
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY GIS SURVEYORS, INC.
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Packet Pg. 131 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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Packet Pg. 132 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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Packet Pg. 133 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., A
-1
EXHIBIT "A"
SCOPE OF SERVICES FROM PROPOSAL
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EXHIBIT "B"
SUMMARY OF COSTS FROM PROPOSAL
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EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider’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, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Packet Pg. 144 Attachment: Design Professional Agreement - GIS Surveyors, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., -1-
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
ALBERT A. WEBB ASSOCIATES
FOR ANNUAL AS-NEEDED TRAFFIC ENGINEERING SERVICES
FOR VARIOUS CITY PROJECTS
This Agreement for Design Professional Services (“Agreement”) is entered into as of July 1, 2022 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Albert A. Webb Associates (“Design Professional”).
City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance of engineering services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional 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:
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SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the Effective Date ("Term") with an option to extend the Agreement for two (2) additional one (1) year terms.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Specific Scopes of Services shall be defined in individual Task Orders. In general, Design Professional agrees to perform any of the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to a schedule specified in the individual Task Order Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional 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 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the hourly rates specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation for an individual Task Order, including reimbursement for actual expenses, shall not exceed the amount negotiated by the Parties, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional 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, 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
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independently review each invoice submitted by the Design Professional 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 Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional 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 Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional 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 Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such 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 Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time 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 Design Professional’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 Design Professional’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) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional 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. Design Professional 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, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. 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 Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws apply to land surveying work completed under this Agreement.
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SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional 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 Design Professional’s performance of the Services. Design Professional 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. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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(b) Design Professional, 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 Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional, 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 Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional 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 claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or subconsultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity
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involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) 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 16. INSURANCE.
Design Professional 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. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional 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 Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’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 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
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SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional 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 Design Professional 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional 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 Design Professional. 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
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weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Webb Associates
Attn: Dilesh Sheth, PE, TE
3788 McCray Street
Riverside, CA 92506
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY ALBERT A. WEBB ASSOCIATES
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Packet Pg. 156 Attachment: Design Professional Agreement - Webb Associates - Traffic (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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Packet Pg. 157 Attachment: Design Professional Agreement - Webb Associates - Traffic (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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-1
EXHIBIT "A"
SCOPE OF SERVICES FROM PROPOSAL
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-1
EXHIBIT "B"
SUMMARY OF COSTS FROM PROPOSAL
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EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider’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, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
STC TRAFFIC, INC.
FOR ANNUAL AS-NEEDED TRAFFIC ENGINEERING SERVICES
FOR VARIOUS CITY PROJECTS
This Agreement for Design Professional Services (“Agreement”) is entered into as of July 1, 2022 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and STC Traffic, Inc. (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance of the engineering services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional 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:
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SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the Effective Date (“Term”) with an option to extend the Agreement for two (2) additional one (1) year terms.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Specific Scopes of Services shall be defined in individual Task Orders. In general, Design Professional agrees to perform any of the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to a schedule specified in the individual Task Order Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional 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 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the hourly rates specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation for an individual Task Order, including reimbursement for actual expenses, shall not exceed the amount negotiated by the Parties, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional 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, 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
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independently review each invoice submitted by the Design Professional 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 Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional 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 Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional 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 Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such 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 Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time 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 Design Professional’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 Design Professional’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) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional 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. Design Professional 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, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. 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 Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws apply to land surveying work completed under this Agreement.
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SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional 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 Design Professional’s performance of the Services. Design Professional 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. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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(b) Design Professional, 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 Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional, 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 Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional 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 claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or subconsultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity
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involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) 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 16. INSURANCE.
Design Professional 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. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional 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 Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’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 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
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SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional 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 Design Professional 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional 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 Design Professional. 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
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weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: STC Traffic, Inc.
Attn: Jason Stack, President
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY STC TRAFFIC, INC.
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Packet Pg. 180 Attachment: Design Professional Agreement - STC Traffic, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., and A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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Packet Pg. 181 Attachment: Design Professional Agreement - STC Traffic, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., and A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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Packet Pg. 182 Attachment: Design Professional Agreement - STC Traffic, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., and A
-1
EXHIBIT "A"
SCOPE OF SERVICES FROM PROPOSAL
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EXHIBIT "B"
SUMMARY OF COSTS FROM PROPOSAL
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EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider’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, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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Packet Pg. 194 Attachment: Design Professional Agreement - STC Traffic, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., and C-3
d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Packet Pg. 195 Attachment: Design Professional Agreement - STC Traffic, Inc. (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic Eng., and -1-
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
ADVANTEC CONSULTING ENGINEERS, INC.
FOR ANNUAL AS-NEEDED TRAFFIC ENGINEERING SERVICES
FOR VARIOUS CITY PROJECTS
This Agreement for Design Professional Services (“Agreement”) is entered into as of July 1, 2022 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Advantec Consulting Engineers, Inc. (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance of engineering services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional 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:
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Packet Pg. 196 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for -2-
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the Effective Date (“Term”) with an option to extend the Agreement for two (2) additional one (1) year terms.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Specific Scopes of Services shall be defined in individual Task Orders. In general, Design Professional agrees to perform any of the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to a schedule specified in the individual Task Order Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional 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 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the hourly rates specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation for an individual Task Order, including reimbursement for actual expenses, shall not exceed the amount negotiated by the Parties, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional 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, 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
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independently review each invoice submitted by the Design Professional 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 Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional 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 Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional 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 Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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Packet Pg. 198 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for -4-
SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such 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 Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time 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 Design Professional’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 Design Professional’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) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional 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. Design Professional 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, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. 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 Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws apply to land surveying work completed under this Agreement.
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Packet Pg. 200 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for -6-
SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional 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 Design Professional’s performance of the Services. Design Professional 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. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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Packet Pg. 201 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for -7-
(b) Design Professional, 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 Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional, 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 Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional 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 claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or subconsultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity
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Packet Pg. 202 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for -8-
involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) 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 16. INSURANCE.
Design Professional 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. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional 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 Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’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 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
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Packet Pg. 203 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for -9-
SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional 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 Design Professional 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional 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 Design Professional. 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
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weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Advantec Consulting Engineers, Inc.
Attn: Carlos A. Ortiz, PE, TE, PTOE
73710 Fred Waring Drive, Suite 120
Palm Desert, CA 92260
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY ADVANTEC CONSULTING ENGINEERS, INC. __________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Packet Pg. 207 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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Packet Pg. 208 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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EXHIBIT "A"
SCOPE OF SERVICES FROM PROPOSAL
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EXHIBIT "B"
SUMMARY OF COSTS FROM PROPOSAL
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EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider’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, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Packet Pg. 219 Attachment: Design Professional Agreement - Advantec Consulting Engineers, Inc (3247 : Contracts for Triennial On-Call Services for -1-
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
LANDMARK CONSULTING, INC
FOR MATERIAL TESTING SERVICES AND PROFESSIONAL GEOTECHNICAL
RECOMMENDATIONS
This Agreement for Design Professional Services (“Agreement”) is entered into as of July 1, 2022 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Landmark Consulting, Inc. (“Design Professional”).
City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance of engineering services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional 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:
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SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years with an option to extend the Agreement for an additional two (2) years. The option for extension will be provided in one (1) year increments commencing on the Effective Date.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Specific Scopes of Services shall be defined in individual Task Orders. In general, Design Professional agrees to perform any of the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to a schedule specified in the individual Task Order Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional 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 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the hourly rates specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation for an individual Task Order, including reimbursement for actual expenses, shall not exceed the amount negotiated by the Parties, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional 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, 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
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independently review each invoice submitted by the Design Professional 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 Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional 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 Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional 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 Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such 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 Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time 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 Design Professional’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 Design Professional’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) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional 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. Design Professional 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, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. 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 Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws apply to land surveying work completed under this Agreement.
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SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional 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 Design Professional’s performance of the Services. Design Professional 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. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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(b) Design Professional, 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 Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional, 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 Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional 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 claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or subconsultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity
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involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) 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 16. INSURANCE.
Design Professional 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. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional 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 Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’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 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
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SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional 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 Design Professional 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional 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 Design Professional. 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
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weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Landmark Consultants, Inc.
Attn: Greg Chandra, PE, M.ASCE
77948 Wildcat Drive
Palm Desert, CA 92211
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY LANDMARK CONSULTING, INC.
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Packet Pg. 231 Attachment: Design Professional Agreement - Landmark Consultants (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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Packet Pg. 232 Attachment: Design Professional Agreement - Landmark Consultants (3247 : Contracts for Triennial On-Call Services for Surveying, Traffic A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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-1
EXHIBIT "A"
SCOPE OF SERVICES FROM PROPOSAL
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-1
EXHIBIT "B"
SUMMARY OF COSTS FROM PROPOSAL
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EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider’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, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
INLAND FOUNDATION ENGINEERING, INC.
FOR MATERIAL TESTING SERVICES AND PROFESSIONAL GEOTECHNICAL
RECOMMENDATIONS
This Agreement for Design Professional Services (“Agreement”) is entered into as of July 1, 2022 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Inland Foundation Engineering, Inc. (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance of engineering services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional 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:
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SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the Effective Date (“Term”) with an option to extend the Agreement for two (2) additional one (1) year terms.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Specific Scopes of Services shall be defined in individual Task Orders. In general, Design Professional agrees to perform any of the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to a schedule specified in the individual Task Order Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional 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 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the hourly rates specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation for an individual Task Order, including reimbursement for actual expenses, shall not exceed the amount negotiated by the Parties, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional 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, 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
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independently review each invoice submitted by the Design Professional 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 Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional 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 Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional 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 Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such 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 Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time 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 Design Professional’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 Design Professional’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) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional 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. Design Professional 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, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. 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 Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional 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. Design Professional 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 Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws apply to land surveying work completed under this Agreement.
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SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional 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 Design Professional’s performance of the Services. Design Professional 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. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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(b) Design Professional, 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 Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional, 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 Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional 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 claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or subconsultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity
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involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) 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 16. INSURANCE.
Design Professional 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. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional 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 Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’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 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
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SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional 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 Design Professional 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional 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 Design Professional. 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
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weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Inland Foundation Engineering, Inc.
Attn: Allen D. Evans, PE, GE
77622 Country Club Drive, Suite Q
Palm Desert, CA 92211
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY INLAND FOUNDATION ENGINEERING, INC. __________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Packet Pg. 259 Attachment: Design Professional Agreement - Inland Foundation Engineering (3247 : Contracts for Triennial On-Call Services for Surveying, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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Packet Pg. 260 Attachment: Design Professional Agreement - Inland Foundation Engineering (3247 : Contracts for Triennial On-Call Services for Surveying, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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EXHIBIT "A"
SCOPE OF SERVICES FROM PROPOSAL
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EXHIBIT "B"
SUMMARY OF COSTS FROM PROPOSAL
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EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider’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, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Staff Report
City Council
Item No. 4.G
Meeting Date: June 22, 2022
From: John Corella, Director of Engineering/Public Works Title: Recission of the Subdivision Agreement for Tract No. 37555, Located at 68945 Perez Road, and Release Tract Securities Upon Completion of Certain Conditions for Substitute Project, Conditional Use Permit No. CUP 20-10.
City Council
RECOMMENDATION:
Rescind the Subdivision Agreement for Tract No. 37555, executed on October 23, 2019, located at 68945 Perez Road, and release all related subdivision agreement securities, contingent upon the completion of certain conditions of approval for Conditional Use Permit No. 20-10, a substitute Project for the same parcel, approved by the Planning Commission on April 20, 2022.
BACKGROUND:
Conditional Use Permit 18-020 (CUP 18-020) and Tentative Tract 37555 (TT 37555) were approved by Planning Commission on November 7, 2018, for the conversion of the existing building at 68945 Perez Road, into a commercial Condominium Project.
The Commission approved the CUP 18-020 and TT 37555, subject to various Conditions of Approval, which included some street, driveway, parking lot and parkway improvements.
Ultimately, a final one-lot Subdivision Map for condominium purposes was approved by Council and was recorded. The Developer, Cat City 2, LLC, also recorded Covenants, Conditions and Restrictions (CC&Rs) on the property for the Condominium Project, and an air-space condominium plan was recorded. The developer executed a Subdivision Agreement on October 23, 2019, secured by a $59,540 Faithful Performance Bond and a $29,770 Labor & Materials Bond.
But the Condominium Project did not go forward, and none of the required public improvements were ever completed.
The property owners decided instead to end the Condominium Project, and to continue
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the previous leasing and rental structure of the units. Subsequently, a new Conditional Use Permit CUP 20-010 was submitted for a cannabis business in one of the building units, which was approved by the Planning Commission on April 20, 2022.
DISCUSSION:
The recorded Condominium Map, CC&Rs, and other documents still remain on title.
Therefore, in order to un-wind the Condominium Project, certain actions are required which were made as a Condition of Approval of the new CUP 20-010, more specifically as contained in Engineering Condition No. 4.13, approved on April 20, 2022:
The CUP’s Parcel (APN 687-330-027) has a recorded tract map, Tract 37555, recorded in Map Book 470/26-28, approved for condominium purposes; a related condominium Plan, recorded on June 10, 2020, as Document #2020-0247057, in Book 271 of Condominium Plans, at Pages 145-157; Covenants, Conditions and Restrictions (CC&Rs) recorded June 10, 2020, as Document #2020-0247058, and a recorded Subdivision Agreement, secured by surety bonds, recorded on January 29, 2020, as Document #2020-0043152, all in Official Records of Riverside County, California.
Prior to the issuance of a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (COO) whichever comes first, the property owner must complete the following items, and provide evidence of their completion to the Director of Engineering, all in a form as approved by the City Attorney:
1. Record an Amended Map of Tract 37555 eliminating the condominium status of the tract, pursuant to Government Code Section 66472.1 and City Ordinance No. 830, after an advertised hearing and approval of the amended map by the City Planning Commission.
2. Record a revocation of the condominium plan, pursuant to California Civil Code Sec. 6628.
3. Record a document terminating the recorded CC&Rs pursuant to Sec. 15.2.2 of the CC&Rs.
Prior to the issuance of a TCO or COO, the City Council will be requested to release the obligations of the existing Subdivision Agreement for Tract 37555, and release all bonds and securities now held with that agreement, all subject to the above items.
The new conditions of approval include the same improvement conditions as contained in the prior Conditional Use Permit, including street, driveway, parking lot and parkway improvements. These improvements are covered in the existing Subdivision Agreement,
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so that work will be done prior to issuance of a TCO or COO for the new Conditional Use Permit.
The City Council will also need to rescind the Subdivision Agreement for Tract No. 37555, executed on October 23, 2019, located at 68945 Perez Road, and release all related Subdivision Agreement securities and bonds, contingent upon the completion of above cited Condition of Approval No. 4.13 for Conditional Use Permit No. 20-10, a substitute Project for the same parcel, approved by the Planning Commission on April 20, 2022.
At such time as the conditions are completed, and certified, then the Director of Engineering will formally notify the surety of the Subdivision Agreement bond releases and record an instrument showing the rescission of the Subdivision Agreement.
FISCAL IMPACT:
There is no fiscal impact as a result of approving this item.
ATTACHMENTS:
Vicinity Sketch CUP 20-010
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Staff Report
City Council
Item No. 4.H
Meeting Date: June 22, 2022
From: John Corella, Director of Engineering/Public Works Title: Acceptance of Century Park Neighborhood, Ramon Road, and Corral Road REAS Projects
City Council
RECOMMENDATION:
Accept and approve the following REAS Projects: Century Park Neighborhood Rehabilitation (C08663), Ramon Road East (C08511), and Corral Road (C08510), as final; and authorize the City Manager to file a Notice of Completion with the Riverside County Recorder's office on behalf of the City Council; and authorize the release of retention funds to Petrochem Materials Innovation, LLC (PMI) upon expiration of the Notice of Completion.
BACKGROUND:
Since 2015, as part of Cathedral City’s multi-year Pavement Management Program (PMP), the City of Cathedral City has used Type II, Rubberized Emulsion Aggregate Slurry (REAS) as its primary pavement maintenance surface treatment to preserve the asphalt on public streets because of its durability and longevity. REAS is a surface application used to preserve five to seven-year-old streets in good condition and to prolong the life of older streets that will need reconstruction within five to seven years.
On March 23, 2022, City Council approved a contract with Petrochem Materials Innovation LLC. (PMI) to supply and apply Type II REAS on various streets in the Century Park Neighborhood, on Ramon Road east of Date Palm Drive to Da Vall Drive City limits, and on Corral Road east of Cathedral Canyon Drive. The Project included the REAS work, traffic control, crack sealing, and striping replacement.
City Council acceptance is required to approve the Project’s final contract amount and release retention funds. Retention funds are monies earned by the Contractor that are withheld from progress payments pending satisfactory completion and final acceptance of the Project. City Staff reviewed and inspected the improvements and found the Project was built in accordance with all contract requirements, and therefore recommends acceptance of the Project as complete.
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City Council acceptance of the Project requires that a Notice of Completion (NOC) be filed with the Riverside County Recorder’s office. The NOC is a written notice issued by the owner of a Project, or their agent, to notify concerned parties that all work on the Project has been completed. This notice also sets the period, which is 30 days from the date the NOC is filed, within which concerned parties may exercise their lien rights against one another. Once the thirty-day period has expired, and provided no claims or liens are received, the City can release retention funds.
DISCUSSION:
The City of Cathedral City executed a construction contract with PMI for the contract bid amount of $944,045 with a 15% contingency of $141,608 for unforeseen construction circumstances, inspection and other technical services related to the Project, thereby making the total construction budget $1,085,653 for the Project.
However, no contract change orders were required for this Project.
PMI was issued the notice to proceed on March 24, 2022, 30 working days, scheduled to be completed by April 26, 2022. However, PMI completed all the work required for the Project on June 8, 2022, due to communication company contractors doing utility work in the same area of the Century Park Neighborhood. Staff does not recommend assessing liquidated damages on this Project. The Project is now ready for acceptance by the City Council.
FISCAL IMPACT:
The total contract amount for PMI, including all additions and subtractions for constructed quantities, came to $919,106.90. Therefore, the comparison between actual budget and charges are as follows:
Council
Authorization
Project
Budget Actual Charges Remaining Budget
Original Contract $944,045.00 $919,106.90 $24,938.10
Contingency $141,608.00 $0.00 $141,608.00
Change Orders $0.00 $0.00 $0.00
Payments to Date $873,151.55 $0.00
Retention Due $45,955.35
The current retainage, $45,955.35, and the final invoice amount is to be paid to PMI, will be released 30 days from the date that the NOC is filed should there be no claims or discrepancies in the work completed.
ATTACHMENTS:
Notice of Completion
4.H
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(“President of,” “Manager of,” “A partner of,” “Owner of,” etc.)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Name
Street
Address
City &
State
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is
3. The full address of the owner is
4. The nature of the interest or estate of the owner is in fee. (If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on . The work done was:
7. The name of the contractor, if any, for such work of improvement was (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)
8. The property on which said work of improvement was completed is in the city of , County of , State of California, and is described as follows:
9. The street address of said property is
(If no street address has been officially assigned, insert “none”) Dated:
Signature of owner of corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on , 20 , at , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)
S R U PAGE SIZE DA MISC LONG RFD COPY
M A L 465 426 PCOR NCOR SMF NCHG
T: CTY UNI
EXAM
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Packet Pg. 279 Attachment: Notice of Completion (3286 : Acceptance of Century Park Neighborhood, Ramon Road, and Corral Road REAS Projects) Cathedral City Page 1 of 2 Printed on 7/14/2022
Staff Report
City Council
Item No. 4.I
Meeting Date: June 22, 2022
From: Tracey Hermosillo, City Clerk
Title: Accept Resignation of Kevin Brandt from the Planning Commission
City Council
RECOMMENDATION:
To accept the resignation of Kevin Brandt from the Planning Commission effective June 30, 2022 and direct staff to proceed with filling the vacant seat.
BACKGROUND:
Kevin Brandt was appointed to serve on the Planning Commission on February 26, 2020, to fill a vacant seat with a term expiring on June 30, 2020. Mr. Brandt was reappointed on June 30, 2020, for a three-year term expiring on June 30, 2023.
DISCUSSION:
On June 5, 2022, Mr. Brandt submitted a letter of resignation effective June 30, 2022, please see attached.
With the resignation of Mr. Brandt, the Planning Commission will have one vacancy with a term continuing to June 30, 2023.
Pursuant to Government Code 54974, a Notice of Vacancy will need to be posted upon the acceptance of Mr. Brandt’s resignation. No appointment can be made sooner than10 days after the Notice of Vacancy has been posted.
Staff recommends the City Council direct staff to do the following:
• Pursuant to Government Code 54974, post a Notice of Vacancy. • Direct staff on how to proceed with the filling of the vacant seat by choosing one of the following options:
1. Direct Staff to accept applications for the Planning Commission with a deadline of July 22, 2022, and agendize interviews and consider appointment for one seat with a term expiring on June 30, 2023, for the August 10, 2022, City Council Meeting.
2. City Council will consider those applicants that applied to serve on the
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Planning Commission that were interviewed on June 1, 2022, and were not appointed, at the August 10, 2022, City Council Meeting to fill the vacant seat with a term continuing to June 30, 2023.
FISCAL IMPACT:
There is no fiscal impact with this item.
ATTACHMENTS:
Resignation_Brandt
4.I
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4.I.a
Packet Pg. 282 Attachment: Resignation_Brandt (3298 : Accept Resignation of Kevin Brandt from the Planning Commission) Cathedral City Page 1 of 2 Printed on 7/14/2022
Staff Report
City Council
Item No. 4.J
Meeting Date: June 22, 2022
From: Tracey Hermosillo, City Clerk
Title: Calling a General Municipal Election to be held Tuesday, November8, 2022, Requesting Riverside County Provide
Election Services and Establishing Regulations for Candidates Filing an Optional Candidate Statement
City Council
RECOMMENDATION:
To adopt a Resolution calling and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers and requesting the Board of Supervisors of the County of Riverside to consolidate the General Municipal Election with the Statewide General Election to be held pursuant to California Elections Code Section 10403. It is further recommended that the City Council adopt a Resolution establishing regulations for elective office pertaining to materials submitted to the voters at an election to be held on November 8, 2022.
BACKGROUND:
In an effort to conduct municipal elections in an efficient and cost-effective manner while complying with all state regulations pertaining to municipal elections, the Riverside County Registrar of Voters has conducted the City’s General Municipal Elections since incorporation. To request the services of the Riverside County Registrar of Voters Office for the upcoming November 8, 2022, General Municipal Election, the City Council must adopt resolutions calling and giving notice, requesting the County services and setting regulations for candidate statements.
DISCUSSION:
On November 8, 2022, the City of Cathedral City will hold its General Municipal Election for one City Treasurer, at large, for a four-year term, three City Council seats, one in District 3, one in District 4 and one in District 5, each with a four-year term. The nomination period begins July 18, 2022 and will close on August 12, 2022. If an incumbent does not file during the nomination period for their seat, the nomination period will be extended to August 17, 2022, for that seat only. Candidates wishing to submit a candidate statement will be required to pay a deposit at an amount determined by the Riverside County Registrar of Voters Office, to cover the cost of printing the statement in the sample ballots provided. This statement will also be provided electronically on the Riverside County Registrar of Voters website. For those
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candidates who wish to have an electronic candidate statement only will also be required to pay a deposit at an amount determined by the Riverside County Registrar of Voters Office. As indicated above, two Resolutions are presented to the City Council for consideration, one giving notice of holding a General Municipal Election on November 8, 2022 and requesting consolidation with the Statewide General Election and one establishing regulations for candidates submitting a Candidate Statement, both are attached for your review.
FISCAL IMPACT:
A cost estimate for the services to be provided for the November 8, 2022 Election has not been received from the County of Riverside Registrar of Voters Office, however, staff is confident that sufficient funds have been included in the FY 2022-2023 budget.
ATTACHMENTS:
Resolution Calling Election 2022
Resolution Candidate Statements
2022 Districting Map 8x11P
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON
TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN
OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF RIVERSIDE TO CONSOLIDATE THE GENERAL
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD PURSUANT TO THE CALIFORNIA ELECTIONS CODE
SECTION 10403.
WHEREAS, under the provisions of the election’s laws in the State of California, a Regular Municipal Election shall be held on November 8, 2022, for the Election of municipal officers; and
WHEREAS, it is desirable that the General Municipal election be consolidated with the Statewide General Election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Riverside canvass the returns of the General Municipal Election and that the election be held on all respects as if there were only one election; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the California Elections Code, the Cathedral City Charter and Section 1.12 of the Cathedral City Municipal Code, there is called and ordered to be held in the City of Cathedral City, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing Members of the City Council for four (4) year terms by Districts 3, 4, and 5 as set forth in the adopted Electoral District Map attached as Exhibit A and the election of one City Treasurer atlarge for a four (4) year term.
SECTION 2. That pursuant to the requirement of Section 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of electing Members of the City Council for four (4) year terms by Districts 3, 4, and 5 and the election of one City Treasurer at-large for a four (4) year term.
SECTION 3.. As required by Elections Code sections 10403 and 10418, the consolidated election shall be held and conducted, election boards appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed,
4.J.a
Packet Pg. 285 Attachment: Resolution Calling Election 2022 (3296 : Calling a General Municipal Election - Tuesday, November 8, 2022) voter challenges determined, ballots counted and returned, returns canvassed, results declared, certificates of election issued, recounts conducted, election contests presented, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide election.
SECTION 4. The Board of Supervisors is requested to issue instruction to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 5. The City of Cathedral City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 6. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 7. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 8. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Notwithstanding the generality of the foregoing, the City Clerk is hereby instructed to act in conformance with the California Elections Code Section 10403 and to file this Resolution with the Board of Supervisors of Riverside County and to transmit a copy of the same to the Riverside County Elections Official.
SECTION 9. The City Clerk shall certify the adoption of this Resolution and enter it into the Book of Resolutions.
PSSED, APPROVED AND ADOPTED this 22nd day of June, 2022.
Ernesto Gutierrez, Mayor
Cathedral City
ATTEST: APPROVED AS TO FORM:
Tracey R. Hermosillo, City Clerk Eric S. Vail, City Attorney Cathedral City
4.J.a
Packet Pg. 286 Attachment: Resolution Calling Election 2022 (3296 : Calling a General Municipal Election - Tuesday, November 8, 2022) 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 22nd day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracey R. Hermosillo, City Clerk
4.J.a
Packet Pg. 287 Attachment: Resolution Calling Election 2022 (3296 : Calling a General Municipal Election - Tuesday, November 8, 2022) RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, ESTABLISHING REGULATIONS
FOR CANDIDATES FOR THE ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. General Provisions. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Cathedral City on November 8, 2022, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate nor membership or activity in partisan political organizations. The statement shall be filed (in typewritten form) in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn but not changed during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of nomination period.
SECTION 2. Foreign Language Policy.
a. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Riverside. The County is required to translate candidate statements into English and Spanish. b. The County will print and mail sample ballots and candidate statements in English and Spanish.
SECTION 3. Payment.
a. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in 2(a) above.
b. The Candidate shall be required to pay for the cost of printing the candidate’s statement in English and Spanish.
4.J.b
Packet Pg. 288 Attachment: Resolution Candidate Statements (3296 : Calling a General Municipal Election - Tuesday, November 8, 2022) c. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statement filed pursuant to this section, including costs incurred as a result of complying with the Voting rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his pro rata share as a condition of having his or her statement included in their voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on the pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost.
In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
SECTION 4. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package.
SECTION 5. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 6. All previous Resolutions establishing Council policy on payment for candidate statements are repealed.
SECTION 7. This Resolution shall apply only to the election to be held on Tuesday, November 8, 2022, and shall then be repealed.
SECTION 8. Certification. The City clerk shall certify to the passage and adoption of this Resolution and enter it into the Book of Resolutions.
PSSED, APPROVED AND ADOPTED this 22nd day of June 2022.
Ernesto Gutierrez, Mayor
Cathedral City
ATTEST:
Tracey R. Hermosillo, City Clerk
Cathedral City
4.J.b
Packet Pg. 289 Attachment: Resolution Candidate Statements (3296 : Calling a General Municipal Election - Tuesday, November 8, 2022) APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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 22nd day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracey R. Hermosillo, City Clerk
4.J.b
Packet Pg. 290 Attachment: Resolution Candidate Statements (3296 : Calling a General Municipal Election - Tuesday, November 8, 2022) P
D e s e r t H o t
S p r i n g s
D e s e r t H o t
S p r i n g s
R a n c h o M i r a g e R a n c h o M i r a g e
P a l m
D e s e r t D e s e r t
P a l m S p r i n g s P a l m S p r i n g s
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Plumley Rd
Paseo Malaga
Calle Alc azar
Allen Ave
Avn La Paloma
Calle Sonseca
CalleAlagon
Pa
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Circulo W
CalleSanta
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Monty Hall Dr
CamJalan
Calle Mora
Pa
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Avn La Gaviota
Mecca Dr
Calle Trujillo
Ortega Rd
Via De Anza
Wa
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Toltec Ct
W
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P
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Sky Blue Water Trl
N Natoma Dr
Vaquero Rd
Plumley Rd
Baristo Rd
Olancha Rd
Sa
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Lu
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Re
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Dr
N Portales Dr
Corregidor Dr
Bankside
Dr
Tachevah Dr
Tortuga Rd
Los Gatos Rd
Mel
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D
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Cathedral Vlg E
Desert Vista Rd
Lagos Way
Oasis Dr N
30th Ave
Sunair Plz
Adelina Rd
D
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Outdoor Resorts
Avn Ximino
Avn Maravilla
El Toro Rd
Avn Los Ninos
San Eljay Ave
McCallum Way
Market Pl
Victor Rd
Neuma Dr
Bankside Dr
Via Estrada
Converse Rd
Gerald Ford Dr
A St
Pa
seo
Real
Oasis Pl
Avn El Mundo
Sky Blue Water Trl
Hibiscus Dr
33rd Ave
Paseo Real
Summit Dr
Portland Rd
H St
Prairie
Zacharia Dr
Bob Hope Dr
Soho Rd
Lincoln
Dis
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E
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S
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Mira Vista Dr
Bel Air Dr
Coble Dr
Canada Cir
Seville Ct
Captiva Pl
Satinloaf Dr
Coble Ct
Balle Monserate
Duchess Rd
W Laguna Dr
Buchanan
Miller Ln
Adams
Kyle Rd
Settles Dr
San Jacinto Rd
Calle Sonoma
E St
CalleLa Costa
30th Ave
Coble Ct
Ikes
Rio Bravo Rd
Roundup Rd
Pin
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Robert Cir
Calle
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Sunset Dr
Sand Crk
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Sunny Ln
Cielo Ct
Taft
Avn Andorra
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Paseo Real
Rio Oso Rd
Rio Guadalupe Rd
A St
Via Don Benito
Rio Madre Dr
E Side Pl
Pima Way
Buffalo
Rio Colorado Rd
Via Monterey Gol f
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Sumac Dr
Oleander Dr
Sunrise Cir
Ficus Dr
Talbert Dr
Rio Felicia Rd
Lakota Ct
Myrtle Dr
Tortuga Rd
Vega Rd
Maple Dr
Aliso Rd
Driveway
Cam Bonita
Pasada Rd
Tangelo St
Ashley Ct
Berros Ct
San Martin St
Brittany Ct
Via Allegro
ViaSeguro
Opal Way
Eisenhower
Canyon Vista Rd
San Jose Dr
Verona Rd
Vicki Ln
Alfalfa Dr
Cam Mirasol
Av
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Orontes
Picasso Ct
D a
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Calle Leandro
W Trancas Dr
Paloma Del Sur Porky Dr
Darla Dr
Coleman Cir
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Ocotillo Rd
C
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San Jose Dr
Cedar Rd
Via Milano
Peggy Ct
Monte Vista Rd
Coleman CirStanding Bear
Crossley Rd
Cam De Las Brisas
Via Genova
Win
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D
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Calle Mora
Da Vall Dr
Butch Dr
Tamala Ave
Butterfield
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Obregon Ct
Mission Indian Trl
Calle
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Agua Caliente Trl
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Avn Valdez
Calle Agate
Dorn Rd
Via Grande
Vista Dr
Calle Oeste
Halcyon Ln
Mt Ararat Dr
Via Firenze
Larson Dr
Avn Juarez
Marietta Cir
Cypress Rd
Sunrise Cir
Paloma Del Norte
Rio Vista
D
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Via Colusa
Alexander Dr
A
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M
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Avn Diosa
Juan Cir
Patricia Cir
Arrowhead Rd
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Ocotillo Rd
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Salem Rd
Cedar Rd
Morongo Rd
San Jacinto Rd
Ottawa St
Diane Ln
Lillie Cir
Avn Entrada
Corral Rd
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Calle Zorita
Pas eo Perdido
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Mission Dr
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Sage Ln
Cactus Ln
Jones Rd
Call e Espejo
E Trancas Dr
D St
Governors Way
Chelsea Rd
Dave Kelly Rd
W Trancas Dr Rio Bolsa Rd
Calle Montigo
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Rancho Vista Dr
Glenn Ave
BobHope Dr
Quista Ct
Pickfair St
Cerritos Way
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Rio Largo Rd
Brookview Way
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Paradise Way
C
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Rio Largo Rd
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San Joaquin Dr
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Dr
Serenity Rd
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Charlesworth Dr
Calle Carrillo
Hillcrest Rd
Rio Rosalia Dr
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Calle Tolosa
Channel Dr
Calle Mancha
Lagu n a Pl
Alta Vista Dr
Travis Ave
Chuperosa
Ln
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Baristo Rd
Bluegrass Way
Susan Dr
Matisse Rd
Cocoplum Ln
Fatima Way
Desert Primrose Trl
Blo
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Ln
Via Napoli
ViaGe
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Melanita Dr
Willow Ln
Augusta Dr
Rodeo Rd
35th Ave
Kenwood Dr
Kemper Rd
S
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Panorama Rd
Santa Rosa St
Nottingham Dr
Van Gogh Rd Azur Dr
Foxborough Dr
Camrose Dr
S
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Senora Rd
Sterling Rd
Walden Way
Colonial Dr
N Paseo Laredo
Brisbane Dr
Floral Grv
Doral Way
Da Vinci Dr
Calle Cordoba
Kings Rd
Tahquitz Rd
Nortada Dr
Sunair Rd
Rochester Rd
Rio Pecos Dr
Jarana Rd
S
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minole Ct
Rio Veracruz Rd
Jarana Rd
CalleMonto
r
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Avn La Paz
Avn Terrazo
Inverness Dr
Maple Dr
Ve
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D
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Calle Ocana
Espada Rd
Avn La Vista
Walker St
Joaquine Way
Peineta Rd
Rio Dulce Rd
Farrell Ln
Megan Ct
Avn Primavera
Osceola Pl
Valencia St
Bayhill Ct
Rosemount Rd
Via Palermo
Calada Rd
Calle
Cayuga
Quijo Rd
Madrid Rd
Mon
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Vis
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Commercial Rd
ViaMarcos
Via Milano
Via Estrella
Ca
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Dr
Victoria Dr
EmeraldWay
Tennis Court Dr
Sky Way
Tennis Court Ln
Harmony Pl
Mihalyo Rd
Dia Pl
M iss ion
C t
Anit
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D
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Orontes Way
Ontina Rd
Las Tunas Way
Wishing Well Trl
C
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Rd
Lozano Ct
Arden Dr
Hudson
Rd
Marilyn Cir
Buddy Rogers Ave
Marcia Rd
Heritage Ct
Reed Cir
Vega Rd
Placid Pl
Tranquil Pl
Calle
Sesta
o
F St
Royal Palms Dr
Morongo Rd
Valley Vista Dr
Elizabeth Rd
Peggy Way
Insley Dr
Charlesworth Dr
Lakeland Dr
S Chimayo Dr
Moreno Rd
Paul Rd
Sarah St
Pauline Ave
Rio Vista Dr
Avn Del Yermo
Alva Ct
Avn Alvera
Avn Lalo Guerrero
Shifting Sands Trl
Sunflower Cir
Starlight Ln
Rio Vista Dr
Vista Del Valle
Anza Ct
Primrose
Cir
Grove St
Avn
Del Sol
Cal
el
To
ba
ra
Regent St
Coyote
Officer David Vasquez Rd
Via Benicia
Crown St
Foothill Rd
Peladora Rd
Filmore
Rd
Pine Pl
Brenda Way
Grove St
W Natoma Dr
Rush Ln
Seven
Oaks Pl
Cascades Ct
Arcadian Ct
Calle
C
a
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Calle Monforte
Sierra Pl
San Felipe Rd
Kemper Ct
Lakeview Cir
San Mateo Dr
Pas e o
Cir
c
ulo
E
ECanyon Plz
Hilltop Ln
Carey Rd
Princewood Dr
Scarletbush Dr
Trading Post
Thornton Rd
Las Gardenias
Vera Dr
P
o
r
t
e
r
Dr
Landau Blvd
S
even
Oaks Dr
Duke Rd
Desert View Rd
Mountain View Rd
Grandview Ave
Lytle Ln
Elna Way
A vn
De Las
M
ontanas
CalleToledo
Avn
Del
Sol
Spanky Dr
San Diego Dr
Avn Del Sol
Candlewood Dr
Keith Ave
Horizon Rd
MaligneWay
Plaza Dr
Via Eytel
Pamela Ln
Nilda Dr
Harriso n
Amy Cir
Desert Princess Dr
Calle Torre
S
a
w
g
r
a
s
s
Rd
Northhampton Ave
Valle De Costa
Via Feliz
Via Seville
Peachtree Ct
Via Merced
Via Fresno
Via Yolo
Hoover
Via Olivera
Avn Quintana
Zuni Ct
Harding
Alta VistaSt
Sunseeker Pl
Avn Quintana
Century Park Dr
Verano Rd
Perlita Rd
Molinos Ct
Dali Dr
Calle Leon
Cal el N
e
p
t
u
n
o
Calle Esperanza
Shawnee Ct
Stonewood Ct
Earl Rd
Hayes
Garfield
Arthur
Borrego Rd
Stafford Pl
Rio Del Sol Rd
D
u
nesCir
Channel Dr
Little Deer
Coyote
D
r
o m e dary C ir
Rio Largo Rd
Rio Naches Rd
Washatonia Dr
Rio Plata Rd
Mirage Dr
Rio Rosalia Dr
Brighton Way
Fig Dr
Sarah St
Little Deer
Rio Vista Dr
Woodside Ave
Via Marengo
Dawes St
Mesa View Dr
Gay Res ort Dr
Van
Fleet Ave
Via Minorca
St Andrews Rd
Corta Rd
S Shore Ln
Perrywinkle Dr
Nightingale Rd
E
S
h
o
r
e
L
n
Eagle Canyon Dr
Sunburst Ter
Medano Rd
Kent Pl
An
d
o
r
ra
Way
Diamond Rd
Terrace Rd
Via Altamira
Chagall Ct
W
San Gabriel Cir
Via Echo
Galardo Rd
Corregidor Dr
B St
Medano Rd
MarismaWay
First St
Calle Madrigal
Modalo Rd
Hester Dr
Cove Ln
C St
Via Valverde
Hilligoss Dr
Starlight Trl
San Juan Trl
Armenia Dr
Shepard Dr
Savage Dr
Cam Las Posas
Calle Rinanna
Wolf
N Laguna Dr
Avn Belleza
Wolf
M
e
m
o
rial Dr
Rio
Vist
a
D
r
Raposa Rd
Tamara Rd
San Antonio Dr
Assistencia Dr
Ovante Rd
Fortuna Rd
Ridgeway Ave
Cypress Rd
Pleasant Grv
Baristo Rd
La Medera Rd
Carroll Dr
Alcita Rd
J St
Ruby Way
Cal le
L
a
s
P
alm
a
s
L
a
ke
vie
w
Cir
Estrada Way
Av
n
C
o
n
d
e
s
a
Calle Prado
S Paseo Laredo
Aqua Dr
Via Del Norte
Sand Crk
Durango Rd
Calle Tampico
Calle Colina
Via Del Sur
Karen St
Wakefield Rd
Club Rd
Iroquois St
Encinitas Rd
Ca
m
Del
Mar
Cam Buenavida
Avn Del Padre
Avn Valdez
Navajo Trl
Pueblo Trl
E San
Ga
b
r
ei l Cir
Summit Dr
Aliso Rd
Perez Rd
Indigo Ln
Treasure Trl
Moonlight Dr
Amethyst Way
S Trancas Dr
Cumbres Ct
Banff Way
San Helena Ave
San Susanna Ave
Garner Ave
Kieley Rd
Bahada Rd
Sharpless Rd
Riviera Rd
Santa Barbara Dr
Taos
C
t
Avn Marquesa
Linda Way
Judy Ln
Via Verde
Sunshine Way
Avn El Pueblo
Aurora Vista Rd
Cielo Vista Rd
Isleta Ct
Pomegranate Ln
Papaya Ln
San Vicente Ave
San Ysidro Ave
San Ardo Ave
Avn Los Ninos
N Shore Ln
Ovante Rd
C
a
m
p
u
s
L
n
Tamara Rd
Descanso Cir
El Canto Rd
El Dobe Rd
Avn Duquesa
W Chimayo Dr
Garbino Rd
Minerva Rd
Marina Rd
Paletero Rd
Shadow
Cres t Ln
Santelmo Rd
Bella Vista Rd
Insley Dr
N Chimayo Dr
Ontina Rd
Village Dr
Garbino Rd
S Natoma Dr
Caldwell Dr
Rango Rd
Hermosillo Rd
Risueno Rd
Concepcion Rd
Jolly Dr
Estio Rd
Empalmo Rd
E Portales Dr
Easy Dr
CV Link
Van
Fleet
Ave Van Fleet Ave
Via Firenze
Toltec
Ct
OurGa
ng
Cir
19 20 21 22 23 24
29 28 27 26 25
31 32 33 34 35 36
19 30
31 1
10 11 12
18 17 16 15 14 13
19 2
20 21 22 23 24
29 28 27 26 25
3 30
31 32 33 34 35 36
6 5 4
7 8 9
18 19
30 31
6 7
1 10 11 12
6 5 4 3 2
7 8 9
6 7
T.3S.R.4E.
T.3S.R.5E.
T.4S.R.4E.
T.3S.R.6E.
T.4S.R.5E.
T.4S.R.6E.
T.5S.R.4E. T.5S.R.5E. T.5S.R.6E.
Dinah Shore Dr
Avn
Qu
ni
ta
n
a
Da Vall Dr
Perez Rd
D
a
t
e
P
a
l
m
D
r
Terrace Rd
Cathedral Canyon Dr
Gerald Ford Dr
Vista Chino
N Gene Autry Trl
Date Palm Dr
D
a
t
e
P
a
l
m
D
r
Landau Blvd
Avn Maravilla
Av
n
M
a
r
a
v
i
l
l
a
Ramon Rd
30th Ave
Cathedral Canyon Dr
E Palm Canyon Dr
Vista Chino Vista Chino
Perez Rd
Da Vall Dr
Ramon Rd
E Palm Canyon Dr
Palm Dr
Mountain View Rd
Ramon Rd
E Palm Canyon Dr
Cathedral Canyon Dr
Date Palm Dr
Dinah Shore Dr
Verona Rd
D
a
t
e
P
a
m
l
D
r
Edom Hill Rd
Varner Rd
10 10
10 10
10 10
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3 4
5 Esri, NASA, NGA, USGS, FEMA
Z
2022 Districting Map
Path: G:\Standard Maps\VotingDistricts\VotingDistricts.aprx Date Printed: 5/3/2022 0 ¼ ½ ¾ 1
Mile
67-000 68-000 69-000 70-000 71-000
66-000
40-000 39-000 38-000 37-000 36-000 35-000 34-000 33-000 32-000 31-000 30-000 29-000 28-000 27-000 26-000 25-000 24-000 23-000 22-000 21-000 2022 Districting Map
City of Cathedral City
City Hall / CCPD
Fire Station
Cathedral City Environmental
Cathedral City Library
P City Hall Parking Structure
Schools
USPS
Railroad
District 1 - Rita Lamb
District 2 - Nancy Ross
District 3 - Mark Carnevale
District 4 - Ernesto Gutierrez
District 5 - Raymond Gregory
City Limits
Madrid Road J-7
Maligne Way O-7
Mansfield Way M-10
Manzanar Court K/L-7
Manzanita Court L-10
Maple Drive P-9
Marcia Road Q/R-9
Margate Way M-10
Maria Road R-9
Marietta Circle V-7
Marilyn Circle M-6
Marina Road L-7
Marisma Way S-9
Market Place Q-8/9
Matisse Road S-10
McCallum Way M/N-6/11
McKinley R-6
Mecca Drive R-9
Medano Road J-5/6
Megan Court N-9
Melanita Drive J-6
Melrose Drive S/T-7
Memorial Drive O-10
Mesa View Drive R-9
Mia Place M-5
Mihalyo Road D-1 - G-7
Miller Lane V-7
Minerva Road L-8
Mira Vista Drive O-10
Mirage Drive R-9
Mission Court N-5
Mission Drive M-5, N-4/5
Mission Indian Trail O-7
Modalo Road M-7
Molinos Court K-7
Monet Court S-10
Monte Vista O-10
Monte Vista Road O/P-8
Monty Hall Drive S/T-8
Moonlight Drive U-7/8
Moreno Road P-8
Morongo Road P-8
Mount Ararat Drive Q-8
Mountain Shadow Lane T-7
Mountain View Road D-7, E-6/7, U-7
Muirfield Way M-9
Myrtle Drive P-9
Navajo Trail O/P-7
Neuma Drive N/O-9
Nightingale Road U-8
Nilda Drive R-9
Nortada Drive J-5
North Chimayo Drive K-5
North Gene Autry Trail F-3
North Laguna Drive L-5
North Natoma Drive K-5/6
North Paseo Laredo S/T-9
North Portales Drive K-5/6
North Shore Lane R-8
Northhampton Avenue M-10
Nottingham Drive M-10
Oasis Drive R-8/9
Oasis Drive North R-9
Oasis Drive South R-9
Oasis Place R-9
Obregon Court L-8
Ocotillo Road P-8
Officer David Vasquez Road S-7/8
Olancha Road P-8/9
Oleander Drive O-10
Ontina Road J-5/7
Opal Way L-4/5
Orangetree Lane O-9
Orontes Way S-9
Ortega Road P-7/9
Osceola Place M/N-9
Ottawa Street R-9
Our Gang Circle O-10/11
Outdoor Resorts N/O-10
Ovante Road J-5/6
Palacio Del Mar S-10
Paletero Road J-6
Palm Drive C4, D/F-3, D-4
Palo Verde Drive S/T-7
Paloma Del Norte L-10
Paloma Del Sur L-10
Pamela Lane M-6
Panorama Road J/K-8
Papaya Lane S-10/11
Paradise Way T/V-7
Pasada Road J-7/8
Paseo Alegre Drive R-10
Paseo Circulo East R-8
Paseo Circulo West R-8
Paseo Del Sol S-9/10
Paseo Malaga Q/R-8
Paseo Perdido T-10
Paseo Real Q-7/8, R-8/9
Paseo Soria Q-8
Patricia Circle V-7
Paul Road E-3/4
Pauline Avenue M-7
Peachtree Court M-9
Peggy Court M-6
Peggy Way M/N-6
Peineta Road J-5/6
Peladora Road K-7
Perez Road S-6/9
Perlita Road M-7/8
Perrywinkle Drive O-9/10
Picasso Court S-10
Pickfair Street S-8
Pima Way K-5
Pine Place Q-7
Pinnacle Drive M-9
Placid Place R-9
Plaza Drive S-8
Pleasant Grove M-10
Plumley Road P/R-9/10
Pomegranate Lane S-10
Porky Drive O-10
Porter Drive T-7
Portland Road R-6
Prairie Q-8
Primrose Circle O-10
Princewood Drive P-9
Pueblo Trail O/P-7
Quijo Road J-7
Quista Court K-8
Ramon Road N-3/16, O-4/16
Rancho Aldea S-10
Rancho Vista Drive O/P-8
Rango Road J-5
Raposa Road K-8
Rascals Circle O-10
Rebecca Way P/Q-10
Reed Circle M-6
Regent Street M-6
Richards Drive
Ridgeway Avenue M-10
Rio Arapaho Road I-6
Rio Arbolitos I-6
Rio Bolsa Road I-6
Rio Bravo Road I-6
Rio Colorado Road I-6
Rio Del Sol Road K/M-15, M/N-14
Rio Dulce Road I-6
Rio Felicia Road I-5
Rio Guadalupe Road I-5
Rio Largo Road I-5/6
Rio Madre Drive I-5/6
Rio Naches Road I-5/6
Rio Oso Road I-5/6
Rio Pecos Drive I-6/7
Rio Plata Road I-5/6
Rio Rosalia Drive I-5/6
Rio Veracruz Road I-5/6
Rio Vista Drive I-5/7, J-7
Risueno Road L-7/8
Riviera Road J-7
Robert Circle V-7
Rochester Road M-10
Rodeo Road T-7
Ronald Court T-7
Roosevelt S-6
Rosemount Road M-9
Roundup Road N/O-7, O-8
Royal Palms Drive Q-8
Ruby Way L-5
Rush Lane R-6
Sage Lane O-10
Salem Road M-9/10
San Antonio Drive M/N-5
San Ardo Avenue N-9
San Diego Drive M-5
San Eljay Avenue L/O-9
San Felipe Road K-8
San Helena Avenue N-9
San Jacinto Road T-7/8
San Joaquin Drive L/N-5, N-4
San Jose Drive M-5
San Juan Trail N-5
San Luis Rey Drive M/O-5
San Martin Street J-8
San Mateo Drive M-5
San Sebastian Court J-7
San Susanna Avenue N-9
San Vicente Avenue N-9
San Ysidro Avenue N-9
Sand Creek Q/R-8
Sandia Court K-7
Sandy Court L-6
Santa Barbara Drive M/N-5
Santa Rosa Street L-10
Santelmo Road K/L-7
Santiago Road J-7
Santoro Drive L/N-9/10
Sapphire Way L-4/5
Sarah Street N-5/6
Satinloaf Drive P-9
Savage Drive Q-8
Sawgrass Road M-9
Scarletbush Drive P-9
Second Street See 'Buddy Rogers Ave'
Seminole Court M-9
Senora Road L-8
Serenity Road R-9
Settles Drive Q-8
Seven Oaks Drive Q-7
Seven Oaks Place Q-7
Seville Court J-7
Shadow Crest Lane J-5/6
Sharpless Road U-8
Shawnee Court M-9/10
Shepard Drive Q-8
Sherry Circle V-7
Shifting Sands Trail O/P-7
Siena Court S-10
Sierra Place M-9
Sky Blue Water Trail M/Q-7
Sky Way U-7
Soho Road R-6
Solano Place J-7
South Chimayo Drive K-5
South Laguna Drive L-5/6
South Natoma Drive L-6
South Paseo Laredo T-9/10
South Shore Lane R-8
South Trancas Drive L-6
Spanky Drive O-10
St Alberts Drive O-7
St Andrews Road M-9
Stafford Place M-10
Standing Bear Q/R-8
Starlight Lane U-6/7
Starlight Trail N-5
Sterling Road M-10
Stonewood Court M-10
Sumac Drive P-9
Summit Drive R/S-8
Sunair Plaza S-7
Sunair Road S-7
Sunburst Terrace T-9
Suncountry Lane T-9
Suncrest Circle Q-9
Suncrest Drive Q-9
Sundance Lane T-9
Sunflower Circle O-10
Sungate Way T-9
Sunny Lane S-10/11
Sunrise Circle O-9/10
Sunscape Lane T-9
Sunseeker Place T-9
Sunset Drive O-9/10
Sunshine Way O-10
Susan Drive M-8
Tachevah Drive K-8/9, L-6/9
Tacoma Court M-9
Taft R-6
Tahquitz Road T-7
Talbert Drive S/T-10
Tamala Avenue R-9
Tamara Road J-5/6
Tangelo Street J-8
Taos Court K-6
Tennis Court Drive O-9/10
Tennis Court Lane O-9/10
Terrace Road T/U-7, U-8
The District R-5/6
Thornton Road D-3/4
Toltec Court K-5/6
Tortuga Road L-6/10
Trading Post R-8
Tranquil Place R-9
Travis Avenue L/M-6
Treasure Trail U-7/8
Tribeca Lane R-6
Truman S-6
Turnberry Court M-9
Valencia Street J-7
Valle De Costa S-10
Valley Vista Drive U-6/8, V-8
Valyermo Trail J/K-7
Van Fleet Avenue T-8
Van Gogh Road S-10
Vaquero Road P/R-9
Varner Road D-1 thru P-16
Vega Road M-6/8
Ventura Drive J-5
Vera Drive R-9
Verano Road M-7/8
Verona Road I/J-5/6, J-7
Via Abeja S-10
Via Aldea R-9/10
Via Allegro S-6
Via Altamira P-8
Via Assisi N-10
Via Benicia O-9
Via Campanile M/N-10
Via Cicada S-10
Via Colusa O-8/9
Via De Anza P/Q-8
Via Del Norte S-10
Via Del Paradiso M-11
Via Del Sur S-10
Via Don Benito T-10
Via Echo P-8
Via Estrada S-8/9
Via Estrella N-6
Via Eytel P-8/9
Via Feliz O-9
Via Firenze N-10
Via Fresno O-9
Via Genova N-10
Via Grande O-9, Q/R-6, R-7
Via Marcos O-9
Via Marengo S-9
Via Merced O-9
Via Milano N-10/11
Via Minorca S-9
Via Monterey O-9
Via Napoli N-10
Via Olivera O-8/9
Via Palermo N-10
Via Palmera O-9
Via Playa O-9
Via Poco O-9
Via Seguro N-6
Via Seville O-9
Via Valverde S-9
Via Verde O-9, O/P-12
Via Viejo S-9
Via Yolo O-9
Vicki Lane U-7
Victor Road N/O-9
Victoria Drive Q-9/10
Village Drive Q-7
Vista Chino J-4/9, K-3/9
Vista Del Valle U-6/7
Vista Drive U/V-7
Vista Montana Court R-9/10
Wakefield Road M-10
Walden Way M-10
Walker Street M-7
Washatonia Drive O/P-9
Washington R/S-6
West Buddy Rogers Avenue S/T-8
West Chimayo Drive K-5
West Laguna Drive L-5/6
West Natoma Drive K-5, L-5/6
West San Gabriel Circle M/N-5
West Trancas Drive L-6
Whispering Palms Trail L/Q-7
Whitewater Trail N-5
Willow Lane M-10
Wilson R-6
Winter Drive M-9
Wishing Well Trail O/P-8
Wolf Q/R-8
Woodside Avenue R-9
Zacharia Drive Q-8
Zuni Court K-5
Extended Full Road Name Grid Label
A Street T-7/8
Abril Drive J-5
Adam Drive O-10
Adams S-6
Adelina Road K-8/9
Agua Caliente Trail N-5
Alameda Way O-10
Alcita Road M-7
Aldea Vista R/S-10
Alexander Drive L/M-9
Alfalfa Drive O-10
Aliso Road N-7/9
Allen Avenue S/T-8
Alta Vista Drive O-10
Alta Vista Street O-10
Alva Court L-7
Amethyst Way L-5
Amy Circle M-6
Andorra Way T-10
Anita Drive U-7
Anna Drive U-7
Anza Court L-10
Aqua Drive Q/R-8
Arcadian Court M-9
Arden Drive V-6
Armenia Drive Q-8
Arrowhead Road P-8
Arthur R-6
Artisan Way L-3/4, S-10
Aruba Court S-10
Ashley Court Q-9
Assistencia Drive M-5
Augusta Drive M-9
Aurora Vista Road O/P-8
Auto Park Drive S-7
Avenida Alvera L/N-8
Avenida Andorra T-10
Avenida Belleza J-6
Avenida Condesa K-8
Avenida De Las Montanas S-9/10
Avenida Del Sol R/S-9/10
Avenida Del Yermo L/N-8
Avenida Diosa K-8
Avenida Duquesa K-8
Avenida El Mundo M/N-7
Avenida El Pueblo M/N-7
Avenida Entrada S-10/11
Avenida Juarez L/N-8
Avenida La Gaviota N-7
Avenida La Paloma N-7
Avenida La Paz J/L-7
Avenida La Vista K/L-8
Avenida Lalo Guerrero S-8
Avenida Los Ninos L/O-8
Avenida Maravilla J/O-7
Avenida Marquesa K-8
Avenida Orontes S-9
Avenida Primavera K-8
Avenida Quintana I-6, J-5/6, K-5
Avenida Terrazo J/K-6
Avenida Valdez M/N-8
Avenida Ximino L/O-8
Azur Drive M-10
B Street T-7/8
Bahada Road U-7
Balle Monserate S-9
Banff Way O-7
Bankside Drive S/T-7
Baristo Road N-7/9
Bayhill Court M-9
Bel Air Drive T/V-7
Bella Vista Road K-7
Berros Court J/K-7
Bion Way Q-9/10
Bloomsbury Lane M-10
Bluegrass Way M-10
Bob Hope Drive N/P-14
Borrego Road L-9/10
Boxwood Drive O-9
Brenda Way M-6
Brighton Way M-10
Brisbane Drive M-10
Brittany Court Q-9
Brookview Way M-10
Buchanan R/S-6
Buddy Rogers Avenue S-8/9
Bueno Terra Way O-10
Buffalo R/8
Butch Drive O-10
Butterfield Q/R-8
C Street T-7/8
Cactus Lane O-10
Calada Road K/L-7
Caldwell Drive D/E-4
Calle Agate N-6/7
Calle Aguilar Q/R-8
Calle Alagon R-8
Calle Alcazar R-8
Calle Americana S-10
Calle Amigos N-6/7
Calle Avila Q-7
Calle Barcelona Q-7
Calle Cabra R-8
Calle Calor S-10
Calle Carrillo S-10
Calle Cayuga N-6
Calle Colina L-10
Calle Cordoba Q-7
Calle Denia R-8
Calle Espejo R-8
Calle Esperanza S-10
Calle La Costa S-10
Calle Las Palmas Q-7
Calle Leandro S-9
Calle Leon Q-7
Calle Madrigal T-10
Calle Mancha R-8
Calle Mantos R-8
Calle Monforte R-8
Calle Montigo R-8
Calle Montoro R-8
Calle Mora Q-7/8
Calle Mula R-8
Calle Neptuno S-10
Calle Ocana Q-7
Calle Oeste S-10
Calle Prado J-8
Calle Raphael R-9
Calle Rinanna S-9
Calle Sama Q-8
Calle San Carlos R-8
Calle Santa Fe R-8
Calle Santiago R-8
Calle Santona R-8
Calle Sestao Q-8
Calle Solana R-8
Calle Sonoma R-9
Calle Sonseca R-8
Calle Tafalla Q-8
Calle Tampico L-10
Calle Tobara Q-8
Calle Toledo Q-7
Calle Tolosa Q-8
Calle Tomas S-10
Calle Torre S-10
Calle Tortosa Q-8
Calle Trujillo Q-8
Calle Zorita R-8
Cameron Street R-9
Camino Bonita R-9
Camino Buenavida S-10
Camino De Las Brisas S-10
Camino Del Mar S-9/10
Camino Dorado S-10
Camino Jalan Q-7
Camino La Strada S-10
Camino Las Posas S-9/10
Camino Mirasol S-10
Camino Verde S-9
Campbell Street S-7
Campus Lane P-8
Camrose Drive M-10
Canada Circle R-9
Cancha Cheyenne N-6
Candlewood Drive O-7
Canyon Plaza R/S-6
Canyon Shores Drive R-8
Canyon Vista Road O/P-8
Captiva Place J-7
Carey Road R-5/6
Carmela Drive J/K-5
Carroll Drive V-6
Cascades Court M-9
Cathedral Canyon Drive N-7, O/U-7/8
Cathedral Real Drive
Cathedral Village O-9
Cathedral Village East N/O-9
Cedar Road P-8
Century Park Drive MM-10
Cerritos Way T-10
Chagall Court S-10
Channel Drive T-7, U-6/7, V-6
Charlesworth Drive U-7
Chelsea Road R-6
Chia Place M-5
Chris Drive T/U-7
Chuperosa Lane T/U-8
Cielo Court L-6
Cielo Vista Road O/P-8
Cimarron Court L-10
Cleveland R-6
Club Road R-9
Coble Court Q-8
Coble Drive Q-8
Cocoplum Lane O-9
Coleman Circle Q-8
Colonial Drive M-9
Commercial Road S-7/8
Concepcion Road L-7/8
Converse Road R-9/10
Coolidge S-6
Cordova Way O-10
Corral Road O-7/9
Corregidor Drive P/R-9
Corta Aguila S-10
Corta Blanca S-10
Corta Celeste S-10
Corta Libra S-10
Corta Road M-7
Corta Roja S-10
Corte Lucia R-9
Corte Serena R-9
Cove Lane T-7/8
Coyote Q/R-8
Cree Road Q/R-5, R-6
Creekside Apartments O/P-7
Crossley Road N/P-6
Crown Street M-6
Cumbres Court K-5
CV Link K-3/4, L-4/5, M/N-5/6
Cypress Road M-9/10
D Street T-7/8
Da Vall Drive L/T-10/11
Da Vinci Drive S-10
Dali Drive S-10
Dana Way O-10
Darla Drive O-10
Date Palm Drive H/T-8/9
Date Palm Lane T-10
Date Palm Plaza
Dave Kelly Road P-9
Dawes Street T-8/9
Del Lago Way O-10
Descanso Circle L/M-7
Desert Primrose Trail N-5
Desert Princess Drive K-5/6, L-6
Desert Shadows Drive N/O-10
Desert View Road U-7
Desert Vista Road N/P-8
Dia Place L/M-5
Diamond Road L-5
Diane Lane M-6
Dinah Shore Drive O-6, P-5/11, Q-7/11
District East Street R-6
Doral Way M-9
Dorn Road T/U-7, U-8
Dromedary Circle R-9
Duchess Road M-6
Duke Road M-6
Dunes Circle R-9
Durango Road L-7/8
E Street T-7/8
Eagle Canyon Drive Q/R-9
Earl Road T/7
East Buddy Rogers Avenue T-9
East Canyon Plaza R/S-6
East Palm Canyon Drive R/U-5/10
East Portales Drive K/L-6
East San Gabriel Circle M/N-5
East Shore Lane R-8
East Side Place R-6
East Trancas Drive L-6
Easy Drive D/F-4
Edom Hill Road E-9/11, F-8/11
Eisenhower S-6
El Canto Road N-9
El Dobe Road N-9
El Toro Road N/O-9
Elizabeth Road M-6
Elmhurst Court M-10
Elna Way U/V-6
Emerald Way L-4/5
Empalmo Road K-7
Encinitas Road K-7
Espada Road K-7/8
Estio Road K-7
Estrada Way S-9
Everwood Court J-8
F Street T-7/8
Faja Caballero N-6
Farrell Lane T-7
Fatima Way M-10
Felicity Place R-9
Ficus Drive O/P-9
Fig Drive O/P-9
Filmore Road R-6
First Street S-8, T-8/9
Floral Grove M-10
Foothill Road V-6
Fortuna Road K-8
Foxborough Drive M-10
Galardo Road M-7
Garbino Road J-5/6
Garfield R-6
Garner Avenue N-9
Gay Resort Drive S/T-7
George Montgomery Trail S-8
Gerald Ford Drive R/S-8/12
Glenn Avenue T-8
Golf Course Circle P-9
Golf Course Drive O/P-9/10
Golf Course Lane O-10
Governors Way L/M-6
Grandview Avenue U-6/8
Greensboro Court M-10
Grove Street T-7/9
Guava Drive P-9
H Street T-7/8
Halcyon Lane R-9
Hampton Court M-10
Harding R-6
Harmony Place R-9
Harrison R-6
Hayes R-6
Heritage Court M-9
Hermosillo Road L-7/8
Hester Drive Q-8
Hibiscus Drive O-10
Hillard Street E-4
Hillcrest Road T-7
Hillery Road
Hilligoss Drive Q-8
Hilltop Lane U-7
Hombria Drive J-6
Hoover S-6
Horizon Road J/K-8
Hubbard Way R-6
Hudson Road R-6
Ikes S-6
Indigo Lane U-7/8
Insley Drive D/E-4
Inverness Drive M-9
Iroquois Street T-7/8
Isleta Court K/L-6
J Street T-7/8
Jane Lane M-6
Jarana Road K-7/8
Joaquine Court M-8
Joaquine Way M-7
Johnson R/S-6
Jolly Drive D/E-4
Jones Road R-6
Juan Circle V-7
Judy Lane Q/R-9
Karen Street V-7
Kathy Drive T/U-7
Keith Avenue M-6
Kemper Court M-9
Kemper Road M-9
Kennedy R-6
Kent Place M-10
Kenwood Drive M-10
Kieley Road S-7/8
Kings Road T-7
Knoll View Circle V-7
Kyle Road S-7
La Medera Road J-8
La Paloma Drive L/M-10
La Vista Court K-6
Lagos Way L-6
Laguna Place N-5
Lakeland Drive Q-7
Lakeview Circle N-5
Lakota Court K-5
Landau Boulevard I/N-6/7
Larson Drive Q-8
Las Begonias S-9
Las Camelias S-9
Las Gardenias S-9
Las Tunas Way U-8
Lillie Circle V-7
Lincoln R/S-6
Linda Way Q-9
Little Deer Q/R-8
Los Gatos Road K-7/9
Lowman Street Q-8
Lozano Court L-8
Lytle Lane U-7
Extended Full Road Name Grid Label
30th Avenue L/M-6/11
33rd Avenue O-8/9, P-7/8
35th Avenue R-9/10, Q-9
Extended Full Road Name Grid Label
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
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4.J.c
Packet Pg. 291 Attachment: 2022 Districting Map 8x11P (3296 : Calling a General Municipal Election Tuesday
November 8
2022)
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Staff Report
City Council
Item No. 6.A
Meeting Date: June 22, 2022
From: John Corella, Director of Engineering/Public Works Title: Approve the CDBG FY 2022-27 Consolidated Plan and FY 2022-23 Annual Action Plan
City Council
RECOMMENDATION:
Approve the FY 2022-2027 Consolidated Plan (Con Plan) and the FY 2022-23 Annual Action Plan (AAP) for submittal to the U.S. Department of Housing and Urban Development (HUD); and, authorize the City Manager, or designee, to execute the required certifications; and, execute all funding agreements and documents consistent with the FY 2022-2023 Annual Action Plan.
BACKGROUND:
The Community Development Block Grant (CDBG) program, funding awarded from U.S. Department of Housing and Urban Development (HUD), allows Cathedral City to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and improving community facilities and services, principally for low-to-moderate (low-mod) income individuals.
As an entitlement city, Cathedral City receives annual entitlement funds to address the priority needs of the community which are outlined in the 5-Year Consolidated Plan (ConPlan). The ConPlan planning process serves as the framework for a communitywide dialogue to identify housing and community development priorities. The Annual Action Plan (AAP) is a plan that shows how CDBG funds will be allocated for the upcoming fiscal year as part of the ConPlan objectives.
Public Participation:
Preparing the ConPlan included several methods which analyzed the housing and community development needs. Methods included hosting focus groups, surveying community residents and stakeholders, analyzing U.S. Census data, and utilizing information in several public planning documents. The ConPlan summarizes the City’s priorities and specific objectives in addressing the needs of low-income households and communities. Per the City’s adopted Citizen Participation Plan (CPP), the City hosted two community advisory meetings to discuss the proposed ConPlan with residents and one focus group advisory meeting with public service providers in an effort to reach out
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and encourage participation from both residents and service providers particularly lowmod income residents, elderly persons and persons with disabilities. These teleconference meetings took place on the following dates:
• February 17th at 12:00PM (Focus Group with Public Service Providers) • February 17th at 5:30PM (Community Meeting with Residents) • March 23rd at 5:30PM (Community Meeting with Residents) Meeting times and dates were placed in the Desert Sun, on February 5, 2022, in both English and Spanish, Cathedral City’s website, and posted conspicuously at City Hall, Cathedral City Library, Boys and Girls Club, and the Cathedral City Senior Center starting on February 1, 2022.
City Council:
On January 12, 2022, City Staff and its Consultant presented the City’s 5-Year ConPlan to the City Council at its Study Session. Following the discussion, City Council requested additional examples of qualified programs eligible for funding through the CDBG Program. The City Council requested Staff research potential uses of CDBG funds. City Staff contacted other agencies via phone and email to learn more about eligible qualified Public Service programs for CDBG.
At the City Council Study Session on March 23, 2022, City Staff presented the potential uses of CDBG funds to provide the City Council further insight into opportunities and priority needs that could be addressed. During this meeting, there was a discussion on the ConPlan planning process. The City Council recommended that the City’s ConPlan include broad priority needs and subcategory needs. The purpose of this recommendation is select versatile priority needs such that, should an unforeseen priority need arise during the lifespan of the ConPlan, the need could still be addressed with CDBG funds.
Subsequent to the March 23, 2022, City Council meeting, Staff had further discussions with HUD representatives regarding the specifics of the ConPlan and the AAP. HUD confirmed that the ConPlan and the first year AAP of the ConPlan are to be submitted as one document. For the remaining four subsequent years, only the AAP will be submitted to HUD for approval. In FY 2026-2027, the City will repeat the process of drafting a ConPlan which includes the first year AAP.
At the April 27, 2022, City Council Study Session, City Staff presented a draft of the FY 2022-27 ConPlan for final review, FY 2022-23 AAP for introduction, and to appoint a Public Services Review Subcommittee (Subcommittee). Following the Study Session, the ConPlan was approved, and the Subcommittee was appointed.
On May 9, 2022, Subcommittee met to review and evaluate seven service provider proposals. After evaluation, proposed programs were selected to be presented to City Council. On May 16, 2022, Cathedral City’s entitlement award amount was announced, and a Committee meeting was held to reprogram funds with the specified award in the amount of $615,619.
At the May 18, 2022, Special City Council Meeting, City Staff presented a draft of the
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FY 2022-23 AAP for final review by the City Council. There were no modifications recommended by the City Council at this meeting. Per the City’s adopted Community Participation Plan (CPP), an advertisement for ‘Notice of Availability for Review and Comments’ was published in the Desert Sun on May 20, 2022, and June 2, 2022. The Notice was also posted at the Cathedral City Senior Center, Boys and Girls Club, and Library. The ConPlan/AAP was also made available at the City Hall, Cathedral City Library, and on the City website.
DISCUSSION:
FY 2022-27 ConPlan:
The City of Cathedral City has identified seven priority development areas to meet the greatest needs of residents in the City. Priorities are based on responses to the Community Needs Assessment Survey that was made available to the public from December 2021 until January 2022, information gathered in specific focus groups, discussions with City Council, interviews with various organizations and service providers in the housing and community development field, and data obtained from the 2010 Census, the American Community Surveys, Needs Assessments, Comprehensive Housing Affordability Strategy, and the City’s General Plan.
Based on this information gathered, the City will invest its CDBG funding to address needs in the following priority areas:
• Emergency Housing Rehabilitation
• Code Enforcement Assistance
• American Disabilities Act (ADA) Improvements
• Infrastructure and Public Facility
• Homeownership Assistance
• Community Services (Public Services)
• Business and Jobs (Economic Development)
More detailed priorities, project-specific information, and accomplishment projections for Housing, Community Development, Homeless and Special Needs populations and anticipated accomplishments will be presented and carried out by the Annual Action Plans.
FY 2022-23 AAP:
For this fiscal year, City Staff is proposing the allocation of funds as shown in the following table:
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Proposed Cathedral City CDBG Program
FY 2022-23 CDBG PROGRAM FUNDING
Administrative Allowance $ 123,000
Public Services Allowance $ 90,500
Public Improvement $ 402,119
Total Funding Allocated $ 615,619
ADMINISTRATIVE (≤20%) FUNDING
Planning and Administration $ 105,000
Inland Fair Housing and Mediation Board (IFHMB) $ 18,000 Total Funding Allocated $ 123,000
PUBLIC SERVICES (≤15%) FUNDING
Assistance League $ 13,000
Boys and Girls Club: Workforce Development & Education Expansion Program $ 13,000 CCHS: Band Boosters Organization Inc. $ 13,000
Coachella Valley Rescue Mission $ 51,500
Total Funding Allocated $ 90,500
PUBLIC IMPROVEMENTS FUNDING
Emergency Sidewalk Repair Grant Award Program $ 15,000
Via De Anza Project Phase II $ 387,119
Total Funding Allocated $ 402,119
According to the Waiver of 24 CFR 91.105 and 24 CFR 91.115 that was sent to all entitlement grantees, the Community Participation Plan also requires the City to hold one public hearing to allow anyone interesting in the process an opportunity to share their opinion regarding the types of programs and services described in the Con and Action Plans. A public hearing will be held tonight, June 22, 2022 during this regularly scheduled City Council meeting. Please note that there were no public comments received during the 30-day commenting period.
FISCAL IMPACT:
All funding through the CDBG Program is on a reimbursement basis based on the Annual Action Plan entitlement amounts. The funding for the Public Services Contracts is provided on a reimbursement basis. The Public Improvement Via De Anza Project Phase II will be brought before the City Council for approval within in FY 2022-23 for design and construction services. There is no fiscal impact at this time.
ATTACHMENTS:
CATHEDRAL CITY FY 2022-27 CDBG CONSOLIDATED PLAN
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FY 2022-2027
CONSOLIDATED
PLAN
June 2022
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Table of Contents
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 4 The Process 14
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 14
PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and 91.315(I) 15 PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c) 21 Needs Assessment 23
NA-05 Overview 23
NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) 255 Disability by Type - Seniors (65 and over) 34
Substandard Housing 36
Crowding by Extent and Tenure 37
Spending on Rent 38
Cost Burden by Income 38
NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) 44 NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2) 48 NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) 52 NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) 54 NA-35 Public Housing – 91.205(b) 56
NA-40 Homeless Needs Assessment – 91.205(c) 62
NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) 70 NA-50 Non-Housing Community Development Needs – 91.215 (f) 77 Housing Market Analysis 81
MA-05 Overview 81
Housing Type 81
MA-10 Number of Housing Units – 91.210(a)&(b)(2) 82
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Housing Type Trend 82
MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) 88 Median Home Sales Price for Existing Homes 90
Spending on Rent 91
MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) 93 MA-25 Public and Assisted Housing – 91.210(b) 97
MA-30 Homeless Facilities and Services – 91.210(c) 100
MA-35 Special Needs Facilities and Services – 91.210(d) 106 MA-40 Barriers to Affordable Housing – 91.210(e) 111
MA-45 Non-Housing Community Development Assets – 91.215 (f) 113 Employment by Occupation 117
MA-50 Needs and Market Analysis Discussion 127
MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households -
91.210(a)(4), 91.310(a)(2) 132
MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) 13334 Strategic Plan 138
SP-05 Overview 13738
SP-10 Geographic Priorities – 91.215 (a)(1) 140
SP-25 Priority Needs - 91.215(a)(2) 14244
SP-30 Influence of Market Conditions – 91.215 (b) 14548 SP - 35 Anticipated Resources 151
SP - 40 Institutional Delivery Structure 154
SP - 45 Goals Summary 159157
SP-50 Public Housing Accessibility and Involvement – 91.215(c) 162 SP-55 Barriers to affordable housing – 91.215(h) 16064
SP-60 Homelessness Strategy – 91.215(d) 16468
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3 SP-65 Lead based paint Hazards – 91.215(i) 16670
SP-70 Anti-Poverty Strategy – 91.215(j) 16873
SP-80 Monitoring – 91.230 17075
Expected Resources1171
AP-15 Expected Resources – 91.220(c)(1,2) 171
AP-20 Annual Goals and Objectives 173
Annual Goals and Objectives179
Projects 17480
AP-35 Projects – 91.220(d) 17480
AP-38 Project Summary 17682
AP-50 Geographic Distribution – 91.220(f) 17884
Affordable Housing186
AP-55 Affordable Housing – 91.220(g) 18086
AP-60 Public Housing – 91.220(h) 18187
AP-65 Homeless and Other Special Needs Activities – 91.220(i) 18288 AP-75 Barriers to affordable housing – 91.220(j) 18693
AP-85 Other Actions – 91.220(k) 18896
Program Specific Requirements199