SUBMITTAL REQUIREMENTS:
__X___ Application Fee: $300 if fewer than 500 attendees, $600 if more than 500 attendees, OR $100 for neighborhood block parties – payable to “City of Cathedral City” _____ Non-pro
fit certification (if applicable)
_____ Clean-up / Damage Deposit (if applicable)
__X___ Provide all necessary insurance coverages (must be submitted prior to the event) __X___ Signed documentation from the property owner agreeing to the use as specified in this application.
__X___ Proof of Insurance with a minimum of $1,000,000 in liability coverage naming City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City 92234 as an additional insured (must be submitted prior to the event)
__X___ Proof of all applicable licenses and permits required by local, state and federal agencies (must be submitted prior to the event)
_____ Proof
of Cathedral City Fire Department inspections and permits, if applicable (must be submitted prior to the event)
__X___ Please Provide a Site Map of Your Event (this should include the following, if applicable):
1. B
uildings
2. Temporary Improvements
3. Portable Toilets
4. Vendor Locations
5. Parking Areas
6. Driveways
7. Stage
8. Generators
9. Any Street Closures / Signage
Plan
10. Lighting
11. A.D.A. Path of Travel
12. Trash Dumpsters
DET
ERMINATION OF APPLICATION (Staff Use Only)
ACTION TAKEN: ______ APPROVED _____ DENIED
If approved, see attached Conditions of Approval.
If denied, provide reason(s): ________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ APP
ROVED BY: _____________________________________________________ DATE: _______________ Date/Time Received Received By: Amount Received: Receipt No(s):
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Attachment: Special Use Permit Run for Refugees (3569 : SUP 22-008 Run for Refugees)
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Staff Report
City Council
Item No. 6.B
Meeting Date: January 11, 2023
From: Sandra Molina, Code Compliance/Development Manager Title: Chapter 5.98 Sidewalk Vendors and Chapter 5.48 Peddlers
City Council
RECOMMENDATION:
To introduce an ordinance adding Chapter 5.98 and amending Chapter 5.48 of the City of Cathedral City Municipal Code, provide first reading by title only and waive further reading.
BACKGROUND:
Senate Bill (SB) 946, also known as the Safe Sidewalk Vending Act, was approved by the California legislature in 2018, making sidewalk vending in California legal, and prohibiting a local authority from regulating sidewalk vendors, except in accordance with the provisions of the Bill. However, by local ordinance, a city may adopt additional requirements regulating the time, place, and manner of sidewalk vendors if the requirements are directly related to objective health, safety or welfare concerns.
Senate Bill (SB) 972 was recently adopted and also pertains to sidewalk vending. SB 972 is mainly applicable to licensing by health departments responsible for issuance of food handling permits. The proposed sidewalk vendor ordinance does not conflict with the provisions of SB 972.
The City Council conducted study sessions on the proposed Sidewa lk Vendor ordinance on November 9, 2022 and December 14, 2022.
Staff received direction from the City Council at both study sessions and the proposed ordinance, which is consistent with SB 946, streamlines the City’s permitting process and authorizes con fiscation and/or removal of carts or products based on an imminent danger to public health and safety.
Attached for consideration is an ordinance that includes Exhibit A – Chapter 5.98 “Sidewalk Vendors” and Exhibit B – Chapter 5.48 “Peddlers”.
DISCUSSION:
The sidewalk vendor ordinance would establish a street vendor permit program that includes application and operational requirements where vendors must display their
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permit, operate only on public sidewalks, maintain a clean and litter free area, and provide a trash recepta cle. Stationary vendors would be prohibited in residential areas and vending of any sort would be prohibited in the median of any street.
The City Council directed staff to identify the permissible operating hours so that they are clear to sidewalk vendors . The ordinance has been revised to state that sidewalk vendors may operate in non -residential areas between 7:00 a.m. and dusk, except they may operate beyond said limits in areas zoned for commercial use where businesses are open during those hours. This wording is consistent with SB 946 and gives flexibility based on the varying operating hours of businesses.
A new section was added to state that nonprofit , charitable organizations and s imilar operations are required to obtain a si dewalk vendor permit; however, the permit fee will not be required.
A revision was made to clearly state that offering a service from a public sidewalk is prohibited.
Sidewalk vending is permitted in public parks except that it is not allowed within 300 feet of a permitted event, which includes certified farmer’s markets, swap meets and events that obtained a temporary use permit from the City . Stationary vendors are not permitted in any park where an exclusive concessionaire’s agreement is in place. Th e ordinance was amended to prohibit sidewalk vending between the hours of 8:00 p.m. and 7:00 a.m. and to prohibit vending in public parks within picnic shelters or similar park amenities.
Consistent with SB 946, the proposed ordinance only allows for th e issuance of administrative citations for violations of the ordinance.
The proposed ordinance would allow for the removal and/or seizure of a cart, food, goods or merchandise or vending equipment creat ing an imminent danger to public health, safety or welfare.
In the case of carts, equipment and non-food products, if the vendor does not remove the items creating an imminent health a nd safety hazard, then the enforcement officer may remove/seize the item. Notice to reclaim the items will be given.
In the case of food products, food that is obviously spoiled, rotten, infested or otherwise unsuitable for human consumption the food product may be immediately seized and/or disposed. This determination is made by a county health official or a code officer tra ined in food handling.
Issuance of an administrative citation or the removal/seizure of items is subject to appeal. Except that contraband , the sale of which is prohibited, can be immediately seized and is not subject to appeal.
Chapter 5.48 Peddlers
Chapter 5.48 is proposed to be amended only to ensure it is consistent with the proposed sidewalk vendor ordinance. For example, roaming vendors have been
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historically permitted under the Peddler ordinance and the permitting will now fall under the new sidewalk vendor ordinance.
FISCAL IMPACT:
None
ATTACHMENTS:
Sidewalk Vendor Ordinance _12.28.2022
Exhibit A - Chapter 5.98 Sidewalk Vendors_12.28.2022
Exhibit B - Chapter 5.48 Peddlers _12.28.2022
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL
CITY, CALIFORNIA, ADDING CHAPTER 5.98 "SIDEWALK
VENDORS" TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE REGULATING SIDEWALK VENDORS IN
COMPLIANCE WITH SENATE BILL 946 AND AMENDING
CHAPTER 5.48 “PEDDLERS” OF TITLE 5 OF THE
CATHEDRAL CITY MUNICIPAL CODE
WHEREAS, Senate Bill 946 was approved by the Governor in September, 2018, prohibiting a local authority from regulating sidewalk vendors, except in accordance with the provisions of the Bill; and
WHEREAS, Senate Bill 946 authorizes the City Council to adopt by ordinance additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety or welfare concerns; and WHEREAS, Senate Bill 946 went into effect January 1, 2019; and WHEREAS, the City Council desires to establish a sidewalk vending program that will benefit the City as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families; and WHEREAS, the establishment of a sidewalk vending program under the authority provided in Senate Bill 946, shall ensure protection of the health, safety, and welfare of City residents, businesses and visitors; and
WHEREAS, amendments to the Chapter 5.48 of the Cathedral City Municipal Code are intended to distinguish between sidewalk vendors and peddlers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:
SECTION 1. ADDITION OF CHAPTER 5.98 TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Chapter 5.98 "Sidewalk vendors" is hereby added to Title 5 of the Cathedral City Municipal Code to read as set forth in the attached Exhibit A.
SECTION 2. AMENDMENT TO CHAPTER 5.48 OF TITLE 5 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Chapter 5.48 “Peddlers” of Title 5 of the Cathedral City Municipal Code is hereby amended to read as set forth in the attached Exhibit B.
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Attachment: Sidewalk Vendor Ordinance _12.28.2022 [Revision 1] (3567 : Sidewalk Vendor Ordinance)
SECTION 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legisl ation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 4. CEQA
The adoption of this ordinance is exempt from review under the California Environmental Qu ality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines which allows an exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, Section 15308 regarding actions taken by an agency pursuant to state law, and Section 15378 because “project” under CEQA does not include organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.
SECTION 6. POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City.
SECTION 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
Rita Lamb, Mayor
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Attachment: Sidewalk Vendor Ordinance _12.28.2022 [Revision 1] (3567 : Sidewalk Vendor Ordinance)
ATTEST:
____________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney
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Attachment: Sidewalk Vendor Ordinance _12.28.2022 [Revision 1] (3567 : Sidewalk Vendor Ordinance)
EXHIBIT A
TITLE 5
Chapter 5.98
"Sidewalk vendors"
5.98.010 – Purpose.
The purpose of this chapter is to establish a sidewalk vending progra m within the jurisdictional boundaries of the city while maintaining regulations that are directly related to the objective health, safety, and welfare of the city.
5.98.020 – Definitions.
The following definitions apply to this chapter:
A. “Cart” means any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includ es a stationary cart or a mobile cart.
B. “Director” means the director of the city’s planning department.
C. “Enforcement officer” means any city code enforcement officer or other employee authorized by the city to enforce the provisions of the city’s municipal code.
D. “Food” means any type of edible substance or beverage.
E. “Goods” or “merchandise” means any item that is not food.
F. “Health d epartment” means the Riverside County Department of Environmental Health.
G. “License” means a business license issued pursuant to chapter 3.28 of the City of Cathedral City Municipal Code.
H. “Mobile cart” means a pushcart, pedal -driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor.
I. “Permit” means a permit issued to a sidewalk vendor in accordance with this chapter.
J. “Person” or “persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether
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Attachment: Exhibit A - Chapter 5.98 Sidewalk Vendors_12.28.2022 [Revision 2] (3567 : Sidewalk Vendor Ordinance)
engaged in business, nonprofit or any other activity.
K. “Roaming sidewalk vendor” has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
L. “Rules and regulations” means the rules and regulations established by the director concerning the sidewalk vending program that is intended clarify and aid in the administration and enforcement of this chapter.
M. “Sidewalk” means any surface in the public right of way provided for the use of pedestrians.
N. “Sidewalk vending program” means the program established by this chapter that is applicable to sidewalk vending-related activities.
O. “Sidewalk vendor” has the same meaning as set forth in Government Code section 51 036(a), and includes a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
P. “Stationary cart” means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction.
Q. “Stationary sidewalk vendor” has the same meaning as set forth in Government Code section 51036(c), and includes a sidewalk vendor who vends from a fixed location.
R. “Vehicle” means a motorized vehicle as def ined in Vehicle Code section 670.
5.98.030 – Administration.
The director is authorized to develop, and enforce, the rules and regulations regarding the permitting and operation of sidewalk vending, in accordance with this chapter.
5.98.040 – Business License required.
No sidewalk vendor may operate anywhere within the city without first obtaining a business license pursuant to chapter 3.28. Sidewalk vendors must comply with the terms and conditions set forth in the business license.
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Attachment: Exhibit A - Chapter 5.98 Sidewalk Vendors_12.28.2022 [Revision 2] (3567 : Sidewalk Vendor Ordinance)
5.98.050 – Sidewalk Vending Permit required.
A. Except as provided for in section 5.98.080, no person may vend from a public sidewalk anywhere within the c ity without first obtaining a sidewalk vending permit, in accordance with this chapter.
5.98.060 – Application requirements.
A. To obtain a sidewalk vending permit, a sidewalk vendor must provide the following as part of their application:
i. Valid identification, such as a State of California identification, or any other government-issued identification card;
ii. The name, address and telephone number of the sidewalk vendor; iii. Proposed general area of operation (street boundaries); iv. Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;
v. Description of the type of merchandise or food offered for sale or exchange; vi. A general written description, diagram or photograph of the vending cart; vii. Proof of a valid City business license;
viii. An application fee as set forth by resolution of the city council; ix. A valid California Department of Tax and Fee Administration seller’s permit and additional licenses from state or local agencies to the extent required by law;
x. Proof of completion of a food handler course and present a copy of the course completion certificate, if applicable;
xi. A permit from the health department for food-related vending, if applicable; and
xii. A declaration that the sidewalk vendor shall comply with all applicable federal, state and local laws;
xiii. A declaration that t he information provided to the c ity is true and correct; and
xiv. Any other information, including operations related information, as may be required by the rules and regulations.
B. Permits will expire one year after the date of issuance.
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Attachment: Exhibit A - Chapter 5.98 Sidewalk Vendors_12.28.2022 [Revision 2] (3567 : Sidewalk Vendor Ordinance)
C. Permits are not transferable.
5.98.070 – Renewal.
A. To renew a sidewalk vending permit, a sidewalk vendor must provide all the information as set forth in section 5.98.060.
B. A person whose license or permit is revoked may not renew their license or permit for one year.
5.98.080 – Nonprofit and charitable organizations
Nonprofit, charitable organizations and similar operations which conduct a sale in the public right of way are required to obtain a sidewalk vendor permit. No permit fee shall be required.
5.98.090 – Denial, revocation, or suspension of permits.
A. In addition to any other reason provided for in this chapter, a permit may be denied, suspended or revoked when it has been determined that the sidewalk vendor:
i. Has violated the applicable provisions of this chapter for the fourth time during the period for which the permit was issued;
ii. Has knowingly made a false statement of fact in an application for such permit; or
iii. Has failed to pay the balance due on any administrative fine regarding the permit.
B. From the time of the revocation or suspension of a sidewalk vendor permit granted under the provisions of this chapter, it is unlawful for any person whose permit has been suspended or revoked to operate within c ity jurisdictional boundaries until a new permit has been procured or the period of suspension has expired. It is also unlawful for any person to operate within the c ity during the period of time that a permit has been revoked, terminated or suspended.
5.98.100 – Appeal hearings.
The ri ghts of appeal provided for in section 13.150.210 of chapter 13 .150 are available to an applicant in the event that his or her permit has been denied, revoked or suspended based on the provisions of this chapter.
5.98.110 – Operational requirements.
Unless properly regulated, sidewalk vending poses a unique risk to th e health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, visual blight due to litter on public and private property, unsanitary
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Attachment: Exhibit A - Chapter 5.98 Sidewalk Vendors_12.28.2022 [Revision 2] (3567 : Sidewalk Vendor Ordinance)
conditions involving food preparation, risks to children, an d consumer protection. As a result, the City imposes the following operational requirements:
A. A sidewalk vendor must obtain and prominently display all required permits.
B. A sidewalk vendor must operate upon a public sidewalk or other pedestrian path.
C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.
D. Sidewalk vendors m ay operate in non-residential areas between 7:00 a.m. and dusk, except they may operate beyond said limits in areas zoned for commercial use where businesses are open during those hours.
E. No “cart,” condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor’s stated closing time.
F. A sidewalk vendor must maintain a clean and trash -free 10 -foot radius from a stationary cart during hours of operation and must leave the area clean by the approved closing time.
G. Sidewalk vend ors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash.
H. Sidewalk vendors are prohibited from discharging, releasing, or spilling any waste, liquid, or food products into or onto the gutter, street, storm drain, or sidewalk. Any Sidewalk vendor in violation of this prohibition, whether inadvertent or otherwise, shall immediately report the discharge, release or spill to the City and clean up the discharge, release or spill.
5.98.120 – Vending Prohibitions.
A. No stationary cart may be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential zone, and must move continuously except when necessary to complete a sale.
B. Sidewalk vending is prohibited in the center median of any street.
C. A sidewalk vendor shall not solicit or conduct business with persons in motor vehicles.
D. Sidewalk vendors must not operate in a public parking lot occupying a designated parking space with markings to indicate where authorized parking is permitted , in drive aisles, or in landscaped areas or planters.
E. Sidewalk vendors are prohibited from selling alcoholic beverages, cannabis,
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tobacco, weapons, fireworks, and illegal materials or other contraband.
F. Sidewalk vendors are prohibited from offering a service.
G. Roaming sidewalk vendors shall not operate in residenti al zones between the hours of 8:00 p.m. to 7:00 a.m.
H. Sidewalk vending is prohibited within picnic shelters or similar park amenities.
5.98.130 – Prohibitions on placement of stationary or mobile carts.
The prohibitions imposed are intended to limit the potential for increased risk of vehicle accidents or personal injury due to vending in public street medians or to persons in motorized vehicles standing in the public street. The standards are further intended to limit the interference with the flow of pedestrian or vehicular traffic, including ingress to, and egress from, any residence, public building, or place of business, from the street to public sidewalk, or persons exiting or entering parked or standing vehicles.
A. No sidewalk vendor may place or leave any cart in a manner that obstructs vehicular or pedestrian traffic, or the visibility of such, and includes , but is not limited to, the following:
i. Within 20 feet of a marked crosswalk;
ii. Within 20 feet of the curb return of an unmarked crosswalk; iii. Within 20 feet of any fire hydrant, fire -call box or other emergency facility, as defined in the rules and regulations;
iv. Within 20 feet of a driveway or driveway apron;
v. Within 18 inches from the edge of the curb;
vi. Within 25 feet of a transit stop;
vii. Within 50 feet of a public or private school;
viii. Where placement impedes the flow of vehicular traffic such as on public streets or public highways; and
ix. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).
B. No cart may be chained or fastened to any pole, sig n, tree, or other object in the public right -of-way or left unattended, unless as permitted by the rules and regulations.
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Attachment: Exhibit A - Chapter 5.98 Sidewalk Vendors_12.28.2022 [Revision 2] (3567 : Sidewalk Vendor Ordinance)
C. Notwithstanding any specific prohibitions in this section, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property.
5.98.140 – Sidewalk vending related to parks, special events, or locations that are subject to special permits.
A. No sidewalk vending is allowed within 300 feet of a permitted event during the duration or operating hours of such an event. Permitted events include certified farmers’ markets, swap meets, and any event that requires the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary use permits.
B. No stationary sidewalk vendors may vend in any park subject to a signed exclusive concessionaire’s agreement.
C. Sidewalk vending is prohibited between dusk to dawn.
D. The c ity may by resolution adopt additional requirements consistent with Government Code section 51038(b)(2)(B) for city -owned or operated parks, effective after signs are posted giving notice of such additional requirements.
5.98.150 – Fines.
Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:
A. For vending without a valid license or permit:
i. An administrative fine of $250 for a first violation. ii. An administrative fine of $500 for a second violation within one year of the first violation.
iii. An administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation.
iv. Upon proof of a valid permit issued by the city before such fines are due, the city will reduce the amount of the fines to $100 for the first violation, $200 for the second violation, and $500 for each violation thereafter.
B. For all violations of this chapter other than vending without a valid license or permit as outlined in subsection A above:
i. An administrative fine of $100 for a first violation. ii. An administrative fine of $200 for a second violation w ithin one year of the first violation.
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Attachment: Exhibit A - Chapter 5.98 Sidewalk Vendors_12.28.2022 [Revision 2] (3567 : Sidewalk Vendor Ordinance)
iii. An administrative fine of $500 for a third violation within one year of the first violation.
iv. An administration fine of $500 for a fourth and each subsequent violation and revocation of the license or permit.
C. The city will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.
D. Fines assessed pursuant this section may be reduced to 20 percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code section 51038(f).
E. Fines collected under this sect ion will be deposited with the c ity’s treasury for general use.
F. Appeal. Any person may appeal any administrative fine pursuant to section
5.98.170.
5.98.160 – Removal and/or seizure of cart, food, goods or merchandise, or vending equipment, which creates an imminent danger.
A. Abandoned or Illegally located Carts. An enforcement officer may request a sidewalk vendor to remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the cart, or if th e cart has been abandoned, the enforcement officer may remove and/or seize the cart. A 30 days’ notice shall be provided to the owner of the cart or to the address associated with the cart, to redeem the cart . The city may dispose of the cart in accordance with the City’s Municipal Code and/or the law, if the cart is not claimed after the 30 calendar days and any associated fines are not paid. No cart shall be disposed of during the pendency of an appeal.
B. Food Products. An enforcement officer may immediately seize and /or dispose of any food products that are obviously spoiled, rotten, moldy, infested or otherwise unsuitable for human consumption, or which have been abandoned or which have been determined by a county health official, or code officer trained in food handling, to create an imminent threat to health, safety, and welfare.
C. Goods, Merchandise, and Vending Equipment. An en forcement officer may request a sidewalk vendor to remove any goods, merchandise or vending equipment if those items create an imminent threat to health, safety, and welfare.
If the sidewalk vendor refuses or the goods, merchandise or vending equipment are not removed, an enforcement officer may remove and/or seize the items. A 30 days’ notice shall be provided to the owner of the goods, merchandise or vending equipment or to the address associated with the cart, to redeem the goods, merchandise or vending equipment. The city may dispose of the goods,
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merchandise or vending equipment in accordance with the City’s Municipal Code and/or the law, if the goods, merchandise or vending equipment are not claimed after the 30 calendar days and any associated fines are not paid. Illegal goods or contraband seized shall not be subject to the notice of redemption in this section but is subject to the appeal provisions in 5.98.1 70. No goods, merchandise or vending equipment shall be disposed of during the pendency of an appeal.
D. Appeal. Any person may appeal the seizure and/or disposal of any good, merchandise or vending equipment as well as any fines imposed, pursuant to section 5.98.170.
5.98.170 – Appeal of Administrative Citations or Seizure/Disposal A. Any person aggrieved by any determination regarding seizure and disposal under section 5.98.160 shall be entitled to an appeal of that decision as provided herein.
B. Any recipient of an administrative citation shall be entitled to contest the allegation of a violation or that he or she is the responsible party.
C. A request for an appeal must be filed with the City Clerk within 15 calendar days from issuance of the administrative citation . The appeal must be in writing, state the grounds for the appeal, include the address to which notice is to be mailed, and be accompanied by any filing fee established by City Council Resolution.
D. If an appeal is timely filed, the City shall cause to be set a date for the hearing of the appeal not more than 30 calendar days from the date the appeal is received.
At the hearing, the appellant will have the right to offer testimonial, documentary, and tangible evidence bearing on the issues. The hearing officer will not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness.
E. The hearing officer will issue written findings and a decision within 10 calendar days of the conclusion of the hearing and send notice of the decision by certified mail to the appellant. The notice shall include reference to the appellant’s right to judicial review under California Code of Civil Procedure section 1094.8.
F. The decision of the hearing officer shall be final unless judicial review is granted pursuant to California Code of Civil Procedure section 1094.8.
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Attachment: Exhibit A - Chapter 5.98 Sidewalk Vendors_12.28.2022 [Revision 2] (3567 : Sidewalk Vendor Ordinance)
EXHIBIT B
TITLE 5
Chapter 5.48
"Peddlers"
Chapter 5.48 PEDDLERS
• 5.48.010 Definitions.
• 5.48.020 Applicability of chapter.
• 5.48.030 Peddler permit required.
• 5.48.040 Permit procedures.
• 5.48.050 Investigation and permit issuance.
• 5.48.060 Denial of permit—Appeal.
• 5.48.070 Conditions of permit.
• 5.48.080 Permit term—Nontransferable.
• 5.48.090 Operating standards for motor vehicle-based or mobile unit-based peddlers.
• 5.48.100 Hours of operation.
• 5.48.110 Noise requirements.
• 5.48.120 Adherence to posted signs—Refusal to leave prohibited. • 5.48.130 Special use permits.
• 5.48.140 Permittee responsibility.
• 5.48.150 Revocation of permit.
• 5.48.160 Appeal of revocation.
• 5.48.170 Impounding of motor vehicles and mobile units. • 5.48.180 Public nuisance.
• 5.48.190 Infraction violation.
• 5.48.200 Civil fines.
• 5.48.210 Administrative citation.
• 5.48.220 Administrative fine.
• 5.48.230 Modifications, suspension and/or revocation of validly issued permit and/or license.
• 5.48.240 Additional penalties.
5.48.010 Definitions.
Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. As used in this chapter:
“Authority” means the city manager or his/her designee. “Mobile unit” means any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, or conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) “Motor vehicle” means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. “Peddler,” for purposes of this chapter, means and includes any person who travels by foot from door to door, house to house, place to place or business to business, carrying, or transporting food, goods, wares, merchandise or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers, or who sells or offers the same for sale from any vehicle. “Peddler” shall also include any person who, without traveling from place to place, sells or offers to sell or takes or attempts to take orders for the same for sale from a motor vehicle or mobile unit.means any person traveling by foot, motor vehicle, mobile unit or any other type of conveyance from place to place selling or taking orders for or offering to sell or take orders for goods, wares, merchandise and foods for present or future delivery or for services to be performed immediately or in the future whether or not such person possesses, carries or exposes a sample of such goods, wares, merchandise and foods and whether or not such person is collecting advance payments on such sales. “Peddler” shall also include any person who, without traveling from place to place, sells or offers to sell or takes or attempts to take orders for the same for sale from a motor vehicle or mobile unit.
“Peddling” means the act of being a peddler.
“Permittee” means the holder of a peddler permit. (Ord. 611 § 3, 2005)
5.48.020 Applicability of chapter.
A. There shall be exempted from the prohibitions of this chapter the activities of peddlers selling and soliciting sales of newspapers, magazines, periodicals, news publications or other printed matter from sidewalks abutting on public streets, except that no such peddler shall sell or offer for sale any newspaper, magazine, periodical, news publication or other printed matter while upon the roadway of any street or to passing motorists unless from a location adjacent to a clear, twenty-foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers or in a place or manner which would not unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic.
B. Peddlers shall be exempt from the provisions of this chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the city.
C. Persons engaged in garage or yard sales on private property shall be exempt from the provisions of this chapter.
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) D. The provisions of this chapter do not apply to sidewalk vendors as defined in chapter 5.98 of this code or wholesale salespersons who sell to established places of business.
E. None of the fees provided for by this chapter shall be applied so as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler to place an undue burden on interstate commerce, he or she may apply to the authority prior to or within six months following payment of the fee for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the authority to determine the extent of the burden on interstate commerce. The decision of the authority may be appealed to the administrative hearing officer as provided in Section 5.48.180. (Ord. 611 § 3, 2005)
5.48.030 Peddler permit required.
A. It is unlawful for a person to engage in the business or activities of a peddler within the city except pursuant to and in strict compliance with a valid permit issued by the authority as provided in this chapter.
B. It is unlawful for any peddler permittee to allow any person who does not also have a peddler permit to work for, under the direction of, on behalf of, or as an agent of the permittee.
C. Every permittee must obtain a permit for each business if more than one business is being conducted. It is unlawful for a permittee to engage in any business not designated on the permit or to engage in any business for an employer not designated on the permit, unless and until the permittee obtains another permit for that business or employer.
D. The requirements for a permit under this chapter shall be in addition to the requirements of Chapter 3.28 of this code relating to business licenses. (Ord. 611 § 3, 2005)
5.48.040 Permit procedures.
A. Every application for a peddler permit under this chapter shall be made on a form provided by the authority and shall contain the following information:
1. Name, date of birth, California driver’s license or state identification card number, mailing address, and telephone number of applicant.
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance)
2. The name under which the peddler business or activity will be conducted, the address and telephone number of such business, and the name of the business owner.
3. The name, date of birth and address of each employee who will be engaged in the business or activity of peddler for the applicant, if any.
4. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant’s peddling business or activity.
5. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant’s business or activities, including the model, year and vehicle license number for each motor vehicle or mobile unit to be used in the applicant’s business or activities. A dimensional drawing shall be included indicating the size of the vending equipment and any mobile unit to be used in the applicant’s business or activities.
6. Plans for the collection, storage and disposal of litter which may result from the applicant’s business or activities.
7. Location where the applicant intends to park or store any motor vehicle or mobile unit to be used in the applicant’s business or activities.
8. A statement of the permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name in the city or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this chapter, and if so, the circumstances of such suspension, revocation or conviction.
9. A statement as to whether or not the applicant has been convicted of any criminal offenses, whether felony or misdemeanor, other than minor traffic violations during the three year period immediately preceding the submittal of the application. As to any such offenses, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed must be provided.
10. The applicant’s consent to a fingerprint check by the chief of police or his or her designee.
B. At the time the application is filed with the authority, the applicant shall present a California driver’s license or other photographic identification issued by a state of the United States, or a United States federal agency or any other forms of identification acceptable to the city that establishes the applicant’s age as eighteen or older.
C. At the time the application is filed with the authority, the applicant shall submit to being photographed and thumb-printed by the city for the identification badge which will be issued to the applicant upon permit approval.
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) D. At the time the application is filed with the authority, the applicant shall pay a fee sufficient to cover the cost to the city of processing the application. The amount of the fee shall be set by resolution of the city council. Legitimate, active nonprofit organizations may be exempt from the payment of the permit fee if the city council so provides for an exemption in the fee resolution. (Ord. 611 § 3, 2005)
5.48.050 Investigation and permit issuance.
The authority shall grant the peddler permit within fifteen days after receiving the completed application if he or she finds that all of the following requirements have been met:
A. The required fees have been paid.
B. The application conforms in all respects to the provisions of this chapter.
C. The applicant has not made a material misrepresentation of fact in the application.
D. The applicant has not had a similar permit or license denied or revoked by the city within one year prior to the date of the application.
E. The applicant is not required to register in California as a sex offender.
F. The applicant has not been convicted, during the three year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including but not limited to:
1. Burglary;
2. Robbery;
3. Theft;
4. Fraud or misrepresentation;
5. Receiving, possession or sale of stolen goods;
6. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code in conjunction with, or while conducting, peddler business or activity;
7. Any offense involving crimes of violence against any person including, but not limited to, rape, abduction, sexual assault and seduction; or
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance)
8. Any offense involving indecent exposure.
G. The applicant has obtained any other applicable city or county permits, including any city or county health permit, required for the preparation and sale of food products.
H. The applicant has obtained a valid city business license and paid the appropriate business license fee. (Ord. 611 § 3, 2005)
5.48.060 Denial of permit—Appeal.
A. If the authority finds that any of the requirements of Section 5.48.050 have not been met, he or she shall deny the application for the peddler permit.
B. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application.
C. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the city signed or unsigned.
D. The decision of the authority to deny issuance of a peddler permit pursuant to this chapter may be appealed to the administrative hearing officer pursuant to the procedures set forth at Chapter 13.150, Permit and License Suspension, Modification and Revocation, of this code. (Ord. 611 § 3, 2005)
5.48.070 Conditions of permit.
A. 1. Each peddler permit issued by the authority shall be subject to the terms and conditions set forth in this chapter and any additional conditions deemed reasonably necessary by the authority for the protection of the public health, safety or welfare.
2. Any permit issued to a peddler business or activity which the city deems to be attractive to children and which operates a motor vehicle or mobile unit shall be conditioned so as to require a plainly visible sign attached to such vehicle or mobile unit which states “CAUTION CHILDREN.” The sign shall have yellow letters which are at least eight inches high on a white background and shall be located at the rear and front of the vehicle.
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) B. The provisions of this chapter shall constitute operating regulations conditioning each and every permit hereunder. It is unlawful for any permittee to engage in peddler business or activity in violation of these provisions.
C. Notwithstanding anything in this chapter to the contrary, no permittee shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley, or sidewalk, or which would unreasonably obstruct vehicular sight distances.
D. The following conditions and regulations shall also apply to the exercises of the privileges granted by permits issued under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code:
1. Every permittee must be in possession of the permit at all times when engaged in the business so permitted within the city. The permittee must produce and show the permit on the demand of any person solicited or of any public safety officer or official of the city. No permittee shall alter, remove or obliterate any entry made upon such permit or deface such permit in any way. Each permit shall be personal and not assignable and shall not be used by any person other than the permittee.
2. Every permittee shall be issued an identification badge upon issuance of the permit. Each permittee shall, at all times while so engaged, wear the identification badge in plain on the person’s outermost garment, with the picture facing outward. The permittee must produce and show the identification badge on the demand of any person solicited or of any public safety officer or official of the city. No permittee shall alter, remove or obliterate any entry made upon such badge or deface such badge in any way. Each identification badge shall be personal and not assignable and shall not be used by any person other than the permittee.
3. Every permittee, upon the request of any public safety officer or official of the city, shall sign his or her name for comparison with the signature upon the permit or the signature upon the permit application.
4. Every peddler who solicits orders for future delivery shall, if requested by the customer, provide a receipt plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery.
5. Every peddler shall, if requested by the customer, provide his/her name, business address and telephone number and the name, business address and telephone number of the person, organization, or entity on whose behalf solicitation is being made. (Ord. 611 § 3, 2005)
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance)
5.48.080 Permit term—Nontransferable.
A. Any peddler permit issued pursuant to this chapter shall be valid for a period of one year from the date of issuance unless an earlier expiration date is noted on the permit.
B. A peddler permit issued pursuant to this chapter is not transferable. (Ord. 611 § 3, 2005)
5.48.090 Operating standards for motor vehicle-based or mobile unit-based peddlers.
A. It is unlawful for any motor vehicle-based or mobile unit-based peddler to:
1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting such business at the request of a customer, at any place on a public street, sidewalk, parking lot, right-of-way, or other public place, or within five hundred feet thereof, for a total period of time exceeding ten minutes within any two hour period.
2. Permit any motor vehicle or mobile unit from which his or her business is being conducted to stand or park when the posted speed limit on the public street, alley or highway is thirty-five miles per hour or greater.
3. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right-of-way, or other public place, within five hundred feet, measured along the traveled way of any public street or streets, of any school property or of any governmental building or facility.
4. Conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street.
5. Conduct his or her business or activity from a motor vehicle or mobile unit within two hundred feet of another motor vehicle-based or mobile unit peddler who has already stopped to conduct business.
6. No permittee shall stand or park or engage in the conduct of business when:
a. Any part of the motor vehicle or mobile unit other than the side of the vehicle or unit next to the right side of the street, alley or highway is open to prospective customers;
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) b. The motor vehicle or mobile unit is not stopped, parked or standing on the extreme right of the street, alley or highway;
c. The prospective customer is located on or in that portion of the street, alley or highway which is open to vehicular traffic;
d. The prospective customer is in a standing vehicle, or sitting in or operating another vehicle;
e. The motor vehicle or mobile unit is stopped, standing or parked in violation of any other provision of this code, or the California Vehicle Code; f. The position or location of the motor vehicle or mobile unit interferes with the free passage of any vehicular or pedestrian traffic.
7. Mobile units being used in peddler business or activity shall have a gross weight of less than five thousand pounds.
8. No individual who drives or operates a mobile unit shall do any of the following:
a. Allow any minors to ride in or on the vehicle while it is in operation; b. Allow more than two individuals to be in or on the vehicle while it is in operation;
c. Attempt to back up the mobile unit to make a sale.
9. All motor vehicles and mobile units being used in peddler business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit.
10. Except as authorized by the city council, no permittee may operate a business from a fixed location in or on any public street, sidewalk, public parking lot, right-of-way, or other public property unless permitted in accordance with this chapter.
B. Every permittee required to obtain a health department tag for a motor vehicle or mobile unit used for the conduct of business shall obtain and affix the tag prior to use of such vehicle or mobile unit. (Ord. 611 § 3, 2005)
5.48.100 Hours of operation.
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) It is unlawful and a public nuisance for any permittee to engage in peddler business or activity prior to nine a.m. or after eight p.m. during all days of the week unless the permit issued is otherwise conditioned. (Ord. 611 § 3, 2005)
5.48.110 Noise requirements.
It is unlawful and a public nuisance for any permittee to use record players, tapes, radios or other continuous noise making devices such as bells, chimes, gongs, whistles, sirens or other similar noise making devices while conducting business. (Ord. 611 § 3, 2005)
5.48.120 Adherence to posted signs—Refusal to leave prohibited.
A. It is unlawful and a public nuisance for any permittee to ring the bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, dwelling, apartment, or other private property or public place within the city whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: “No Peddlers,” “No Solicitors,” or “No Agents,” or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a permittee has an appointment with an occupant(s) of such building.
B. It is unlawful and a public nuisance for any permittee to conduct the business for which he, she or it is permitted within the area defined in the downtown precise plan unless a special use permit is granted by the authority.
C. It is unlawful and a public nuisance for any permittee to refuse to leave any residence, dwelling, apartment, or other private property or public place within the city when requested by the owner, occupant, resident, manager, or other person in control thereof. (Ord. 611 § 3, 2005)
5.48.130 Special use permits.
A. Permittees may request in writing to the authority that a special use permit be issued to allow motor vehicles and mobile units operated by the permittee to stop for longer periods of time than permitted under this chapter.
B. A special use permit for the operation and use of mobile units in the downtown precise plan area may only be granted upon compliance with the following design guidelines. The downtown staff review committee will review and have approval
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) authority on all mobile unit locations and design issues and shall impose any other requirement that it deems necessary to promote the aesthetics of the downtown.
1. Mobile units shall be of an aesthetic design and color(s) in keeping with adjacent properties or structures.
2. Signs (if any) shall be attached to the mobile unit and shall not exceed a total of twelve square feet in area (including canopy, awning, and umbrella signs, etc., but not including small menu signs). No sign shall exceed a maximum size of six square feet. The size of signs shall be in scale with the size and mass of the mobile unit.
C. When a special use permit is approved by the authority, the conditions of approval of the special use permit may take into consideration the regulations and standards of this chapter. However, the special use permit may supersede said regulations and standards at the discretion of the authority.
D. Special use permits may be granted for a period as specified in the zoning ordinance. Subsequent special use permits shall be required to submit a new application and related fees. (Ord. 611 § 3, 2005)
5.48.140 Permittee responsibility.
The act or omission of any permittee’s partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this chapter to be the act or omission of the permittee. (Ord. 611 § 3, 2005)
5.48.150 Revocation of permit.
A. Any peddler permit may be revoked by the authority for good cause shown including, but not limited to, any of the following reasons:
1. Falsification of any information supplied by the permittee upon which issuance of the permit was based;
2. Failure of the permittee or any employee(s) or agent(s) of the permittee to comply with the regulations set forth in this chapter;
3. Permittee’s conviction, at any time, of any offense involving moral turpitude or dishonesty including, but not limited to, any of the following:
a. Burglary,
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) b. Robbery,
c. Theft,
d. Fraud or misrepresentation,
e. Receiving, possession or sale of stolen goods,
f. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code in conjunction with, or while conducting, peddler business or activity, g. Any offense involving crimes of violence against any person, including, but not limited to, rape, abduction, sexual assault and seduction, or h. Any offense involving indecent exposure.
B. The authority shall follow the procedures for revocation set forth at Chapter 13.150 Permit and License Suspension, Modification and Revocation, of this code. (Ord. 611 § 3, 2005)
5.48.160 Appeal of revocation.
The decision of the authority to revoke a permit issued pursuant to this chapter is subject to judicial review as described in Section 13.150.210 of Chapter 13.150, Permit and License Suspension, Modification and Revocation, of this code. (Ord. 611 § 3, 2005)
5.48.170 Impounding of motor vehicles and mobile units.
A motor vehicle or mobile unit may be impounded and stored by a police officer, or by any other persons authorized to enforce this chapter pursuant to this code, in the course of an arrest of the operator for a violation of this code when the motor vehicle or mobile unit is to be used as evidence of the violation. (Ord. 611 § 3, 2005)
5.48.180 Public nuisance.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5 .48.130(B) of this chapter by any person responsible for committing, causing or
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance) maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Title 13 of the municipal code including, but not limited to, the imposition of any and all administrative fines and the provisions of any other applicable regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction. (Ord. 611 § 3, 2005)
5.48.190 Infraction violation.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5 .48.130(B) of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65 of the municipal code including, but not limited to, the imposition of any and all criminal penalties set forth therein. (Ord. 611 § 3, 2005)
5.48.200 Civil fines.
Any person convicted of an infraction shall, for each are violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars. (Ord. 611 § 3, 2005)
5.48.210 Administrative citation.
In lieu of issuing an infraction citation, the city may issue an administrative citation pursuant to Chapter 13.58 of the municipal code to any person responsible for committing, causing or maintaining a violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5 .48.130(B) of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. (Ord. 611 § 3, 2005)
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Attachment: Exhibit B - Chapter 5.48 Peddlers _12.28.2022 (3567 : Sidewalk Vendor Ordinance)
5.48.220 Administrative fine.
Any person issued an administrative citation for violating Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5 .48.130(B) of this chapter shall for each separate violation be subject to: (a) an administrative fine in an amount not to exceed one hundred dollars for the first citation; (b) an administrative fine in an amount not to exceed two hundred fifty dollars for a second citation issued for the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed five hundred dollars for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense. (Ord. 611 § 3, 2005)
5.48.230 Modifications, suspension and/or revocation of validly issued permit and/or license.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5 .48.130(B) of this chapter by the holder of any city permit and/or city license validly pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150 of the municipal code.
5.48.240 Additional penalties.
Nothing in this chapter shall preclude the city from pursuing the remedies provided by the municipal code such as those remedies set forth in Chapter 13.140 including, but not limited to, denial or revocation of certificates of occupancy, issuance of a stop work orders and injunctive relief. (Ord. 611 § 3, 2005)
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Staff Report
City Council
Item No. 6.C
Meeting Date: January 11, 2023
From: John Corella, Director of Engineering/Public Works Title: Approve an Agreement with Woodard and Curran to Provide Phase 1 Combined Sarah Street Area Assessment District
Formation Outreach Support
City Council
RECOMMENDATION:
To authorize the City Manager to execute a Professional Services Agreement with Woodard and Curran in the amount of $17,035 to provide the City with Phase 1 assessment district public outreach support for the Combined Sarah Street Area; and, approve a general fund budget amendment in the same amount for the FY 2022/2023 Engineering Professional and Technical Services Budget 100-156-8601.
BACKGROUND:
There are areas within Cathedral City that are n ot served by a sewer collection s ystem.
These areas are served by individual private onsite septic tank systems. These areas specifically are:
• Within the Coachella Valley Water District ( CVWD) Service area (approximately 400 parcels):
o Whispering Palms Trail Neighborhood:
▪ South of Ramon Road.
o Ocotillo Square area:
▪ Some Ocotillo Park area streets.
o Pomegranate and Papaya Lanes:
o Royal Palms and Caliente Sands Mobile Home Parks:
▪ The above are either under allottee or private ownership.
• Desert Water Agency (DWA) Service area (approximately 100 parcels):
o Perez Road area:
▪ Cathedral Canyon area to Date Palm Drive.
o Sarah Street area:
▪ Crossley Road and Sarah Street.
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▪ Lakeview Villas Condos.
▪ The unimproved Agua Caliente Trail area.
▪ The Bochner Family property.
The unsewered areas identified above within the CVWD service areas and the Lakeview Villas Condos within the DWA service area , are currently identified as residential areas subject to a State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) Program Grant Application. The Application was prepared by the City’s Consultant Woodard and Curran (Consultant ) and submitted by the City in fall of 2022. The Grant, when awarded, will provide funding for the planning services necessary for converting these existing residential septic tanks served areas to sewer collection system served areas.
Please note that only existing residential areas qualify for applying for this planning grant. The DWA areas cited above on Perez Road and Sarah Street, excluding the Lakeview Villas Condos, are zoned for commercial and light industrial, and thus do not qualify for the current SCSRF Grant.
Agua Caliente Trail Area
With the above background information provided, there has been interest in the formation of an assessment district among the property owners of lots in the undeveloped Agua Caliente Trail area. This area encompasses Agua Caliente Trail, San Juan Trail, Desert Primrose Trail, Starlight Trail and Whitewater Trail (location map attached). The property owners are informally calling this area the “Outpost Business Park.”
In August 2019, two (2) property owners conducted a grassroots campaign to determine if there was interest in forming a n assessment district in this area. Seventy -five (75) qualifying lots were identified and were sent a survey asking if the property owner was in favor of exploring the formation of an assessment district to provide for streets, curbs, gutters, water, sewer and other utilities. The response was positive from the property owners as forty-nine ( 49) owners responded in favor and five ( 5) provided “no” as a response.
Currently, a t this time the proponents for an assessment district in this area are requesting that the City explore the opportunity to move to the a ssessment district discussion to the next step.
Sarah Street Area
This light commercial/industrial area comprises Sarah Street, the south portion of Agua Caliente Trail and Crossley Road (location map attached). Over the years we have had a few properti es request ing for sewers be installed. These requests have not progressed further into the assessment district stage.
Bochner Family Property
This single parcel APN 677 -420-016 is owned by Bochner Family Real Estate and is
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located just north of Sarah Street, abutting the Whitewater River Channel to the east and the Dream Home Neighborhood to the north. This 29.41 -acre parcel is generally triangular in shape and undeveloped.
Lakeview Villas Condos Area
This private gated condominium development is lo cated north of Ramon Road and is accessed from the west off San Luis Rey Drive and from the north off Mission Drive (location map attached). Lakeview Circle is the development’s only looped street. This single lot development (APN 677 -431-046) is owned b y Ramon Road Investors and is
9.61 acres in size.
As this is a residential neighborhood, this development is included in the SWRCB CWSRF Program Grant Application detailed in the background section above. There have been a few requests from this developm ent in the past regarding getting sewer lines installed and moving off a septic system, but none in recent years.
Collectively, all the four (4) areas described above will be called the Combined Sarah Street Area for the purposes of this Staff Report.
DISCUSSION:
Woodard and Curran Proposal
With the request being made by the Agua Caliente Trail property owners and the submittal of the SWRCB CWSRF Program Grant Application submitted on behalf of the Lakeview Villas Condos area, Staff solicited Woodard and Curran ( Consultant) to formulate a proposal for Assessment District Support Services to assist with the public outreach in the Combined Sarah Street Area. Woodard and Curran are the City’s Consultant on the SWRCB CWSRF Program Grant Application and ar e familiar with the area and its sewer requirement.
To formulate a proposal, the City and Consultant utilized the City of Los Altos , CA assessment district process flow chart and modified it to show three (3) distinct assessment district formation phases. The phases identified are:
• Phase 1: Providing outreach and soliciting for interest in the formation of an assessment district using letters, meetings and individual discussions as the methods used.
• Phase 2: Consultants engaged to prepare conceptu al plans and preliminary cost estimates, continued outreach to property owners and a bond counsel engaged to send out formal petitions for the assessment district formation. • Phase 3: Assessment district plans prepared, City adopts the required resolutions of intention, notices send out, public hearing is held, vote is tabulated and the assessment district either proceeds or is not approved to proceed.
The modified Assessment District Flow Chart is attached to this report with all the steps required for the assessment district formation.
6.C
Packet Pg. 410
Cathedral City Page 4 of 5 Printed on 2/7/2023
It is proposed the City and the Consultant engage in a contract to perform the Phase 1 steps at this time. A s outlined in the proposal, the Consultant will engage, inform, and solicit feedback from property owners withi n the Combined Sarah Street Area regarding the potential for the formation of a special assessment district that would provide utilities and improvements to the mix of developed and undeveloped parcels within the area .
This initial phase of work will set t he groundwork for the City to be able to make an educated decision as to whether the City would proceed into the Phase 2 and 3 assessment district formation processes within the Combined Sarah Street Area.
The highlighted tasks the Consultant would perform in this Phase 1 proposal are:
• Initial outreach to the property owners in the Combined Sarah Street Area. • Provide and send out informational letters to all the property owners in the Combined Sarah Street Area.
• Provide in person outreach to the proponents of the Agua Caliente Trail area. • Provide documentation related to all the above.
With the information provided from the Consultant ’s Phase 1 outreach, the City can better make a decision as to whether to move to Phase 2 assessment district actions within the Combined Sarah Street Area.
Note: The outreach may determine that all and/or one or more of the areas may want to proceed to Phase 2 of the assessment district formation stag e, to which smaller and/or individual assessment districts can be formed.
Staff is requesting City Council authorize the City Manager to execute a Professional Service Agreement with Woodard and Curran Consulting in the amount not -to-exceed $17,035 to provide the City with Phase I assessment district support public outreach for the Sarah Street Area.
FISCAL IMPACT:
Staff is requesting a General Fund Budget Amendment in the amount of $17,035 for the FY 2022/2023 Engineering Professional and Technical Services Budget 100 -156-8601 to initiate Phase 1 of this Project. As this item involves infrastructure improvement planning, it will qualify toward our overall Maintenance of Effort (MOE) credit.
In addition, if an assessment district is formed, this work and the associated expenditures, applicable to the respective assessment district, may be reimbursable through the assessment district funding.
ATTACHMENTS:
Agua Caliente and Sarah Street Parcel Map
Bochner Family Real Estate Parcel Map
Lakeview Villas Condos Parcel Map
Assessment District Formation Phase Flow Chart
Cathedral City AD Support Proposal 29Dec2022
6.C
Packet Pg. 411
Cathedral City Page 5 of 5 Printed on 2/7/2023
Cathedral City Woodard and Curran AD Agreement
6.C
Packet Pg. 412
(09
(10(10
(11
(28
(11
(22
(09
(11
(09
(26
(14
(20
(10
(22
(14(12
(23
(10
(24
(01
(10 (11(09
(18
(21
(13
(01
(14
(12
(10
(05(05
(18(01
(08
(07
(07
(08
(07
(27
(13
(03
(01
(04
(14
(25
(13
(06 (09
(04
(12
(14
(02
(05
(06
(03
(04(02 (03
(02
(16
(12
(09
(12
(05
(07
(06
(17
(05
(15
(10 (11
(11
(12
(03
(11
(15
(09
(08
(16
(01
(02
(08
(04 (04
(17
(08
(07
(06 (13(13 (06
(03
(02
(13
T447
T443
T446
T441
T442T445
T444
677-44
ASSESSOR'S MAP BK677 PG.44
Riverside County, Calif. Mar 2014S. Hemmati
POR. S 1/2, SW 1/4, SEC. 17, T4SR5E
CITY OF CATHEDRAL CITY
TRA 019-008
24-63-3
Bk 680
Pg 17
Pg 42
Pg 44
Pg 39
Pg 43
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
Data
LLA 5-040
Map Reference
MB 26/88 PALM SPRINGS OUTPOST UNIT NO. 5
Date Old Number New Number
6/1/1973 444-5 6
11/1/1980 444-6 7
6/1/1981 441-14 PG.42
3/1/1985 444-1 8,ST
9/1/1985 447-2,3 447-6
1/1/1986 447-6 7,ST
3/1/1986 446-18 20,ST
7/1/1986 446-19 21,ST
7/1/1986 443-15-19,ST 20-24
7/1/1986 444-2-4,7,8,ST 9-13
7/1/1986 446-15-17,20,21,ST 22-25
7/1/1986 447-1,4,5,7,ST 8-11
11/1/1986 444-12 14
6/1/1987 446-23 27
6/1/1987 446-24 28
2/19/2014 447-8 12,ST
6.C.a
Packet Pg. 413
Attachment: Agua Caliente and Sarah Street Parcel Map (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) CITY
BOGIE
ROAD
(GENE
AUTRY
TRAIL)
55'
74.5'
75'
52'
RAMON
LOT D
PAR
1 145
194.32 226.73
PAR 3PAR 2
115.04 269.96 226.73
60'
50 275
55'CROSSLEY ST.
473.24
SARAH ST.
473.16
32.53 L=231.24
3.07 AC NT
474.65
PAR 4
554.13
CITY LIMITS
40' 161.33
TR 29742-1
L=309.98
272.47
50'
292.97
40'
30 L=172.18
932.67
20 N00-07-15W 1323
34.60 PM 91/7
L=2264.58
R=30,000
TRA 019-000
TRA 019-008
R=33,000
1523.25
82.78 AC ML
(SUBJECT TO FLOOD ESM'T)
#077268 9/60
PAR 1
29.41 AC ML
227.33
303.86
122.86
137.68
99.50 137.22
167.43
L=138.70
31.37 126.16
65.27 192.95
66.45 L=162.71
55.11 L=87.44 LOT C
L=151.94
41.07 166.72
L=68
PAR 4
25180.64
40.39 63.45
L=41.66
3.72 AC
PAR 5
L=72.40
SPRINGS LIMITS676.97
CATHEDRAL LIMITSN89-46-26E
795.07
25.91 291
283.62
329.05
300.08
226.68
23.53 136.83
23.50 57.68
186.05 190.85
40.71 27.50 34
67.72 PAR 6 PAR 7
1.95 AC 2.00 AC
633.27
L=65.20
L=65.2025
21 472.59
50.05 50.91
36.53 35.56
53.24 311.53
PAR 1
20'
5'
30'
LOT B
TRA 011-047
PAR 8
5.40 AC
30'
5'
20'
LOT A
LOT D
60'
PM 230/40
PM 230/40L=101.31
587.90 PALM
PM 230/40
LOT G
1.60 AC NT
EX
11.40 AC
378.31
LOT E LOT B
L=254.94
LOT C
PM 8/64
2.92 AC NT
CATHEDRAL
LOT A
EX
ROAD
173.51
82.46 48.04
POR PAR 3
SAN
DR.LUIS
REY
POR PAR 2
10.63 AC M/L
#0463089 11/19
LANDAU
BLVD
11.28 15.77 9.83
17 (23
(16
(55
(58
(54
(51
(15 (12(53(52 (40
(50(59
(21
(22
(57
677-42
ASSESSOR'S MAP BK677 PG.42
Riverside County, Calif. May 2021E250853
POR. SEC. 17 T.4S., R.5E.
CITY OF PALM SPRINGS
TRA 011-047
019-000
019-008 24-63-3
Bk 680
Pg 17
Pg 42
Pg 28 Pg 42
Bk 677
Pg 41
Bk 680
Pg 19
Pg
44 Pg 38 Pg
62 Pg 39
Bk 680
Pg 10
Bk 678
Pg 21
Bk 678
Pg 07
Bk 678
Pg 17
Pg 35
Pg 37 Pg 63
Pg
43 Pg 61
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. 18 19 20
©
1 " = 400 '
16 20 21
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
CATHEDRAL CITY
Data *
PM 135/53-54
MB 22/40-44
PM 155/20
RS 14/82, RS 96/43-48
Map Reference *
MB 364/70 - 75 TRACT MAP NO. 29742-
PM 230/40 - 46 PARCEL MAP NO. 31968
PM 8/64 PARCEL MAP NO. 5092
PM 91/7 - 8 PARCEL MAP NO. 14820
Date * Old Number * New Number *l
9/1/1973 04 05-06
9/1/1973 01 04,ST.
4/1/1977 800 07
5/1/1978 07 08,ST.
6/1/1981 06 09-12
6/1/1981 PG.41 13,ST.
8/1/1981 03 14,ST.
9/1/1984 10,11 15
3/1/1986 09,13 16
6/1/1986 18 19-20
6/1/1986 08 17-18
7/1/1986 ADD_ASMNT. 21
4/1/1987 05 22,ST.
7/1/1987 02 23-24
4/1/1989 14 25-26
2/1/1990 25,26 27
2/1/1990 27 28-29
2/1/1993 28 30-31
8/1/1999 20 33,ST.
8/1/1999 19 32,ST.
11/9/2000 17 34,ST.
11/9/2000 30 35
11/19/2004 31 37,38
11/19/2004 39 40,PG62
11/19/2004 35 36,ST
11/19/2004 38,29 39
2/24/2005 36,37 41
2/24/2005 41 PG63
1/29/2008 34 43,ST.
1/29/2008 32 42,ST.
3/20/2008 43 44,45
2/10/2009 42 46,47
1/4/2010 33,44,47 48
1/4/2010 45 55
1/4/2010 46 56
1/4/2010 48 49-54
4/22/2020 24 57, ST
5/11/2021 49 58,ST
5/11/2021 56 59,ST
6.C.b
Packet Pg. 414
Attachment: Bochner Family Real Estate Parcel Map (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 100
50.20 30 20
30 20
50.20 850.63
P.S.C.C.E.
TR 14288
TR 14288
TRA 019-008
231.85
100.28
50 50
50 50 140
140 70
70 140
140150
150
85 150.08
52 24.21
79.08 49.87
5050
50 50
5050
5029.97
31.44 L=101.39
121.42 P.S.C.C.E.
15 30
9.61 AC ML
Por 1
CM
330.07
1267.68
CM
Por 1
TR 14288
100
TRA 019-008
TRA 019-015
55 55
50 N89-43-21E
RAMON ROAD
SAN LUIS REY DRIVE
LOT O
LOT B
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
332
333
334
335 336
TR 14288
266.44
P.S.C.C.E.
30 30
150
150
100
30 30
N00-12-40W
EX
LOT 337
(46
(40
(41
(32
(47
(38
(37
(31
(34
(39
(01
T431
01-47
T432
01-65
677-43
ASSESSOR'S MAP BK677 Pg. 43
Riverside County, Calif. Nov 2020arrodrig
SW 1/4 OF SEC 17, T.4S.,R.5E TRA 019-008
019-015 24-63-3
Bk 680
Pg 17
Pg 43Pg 42 Pg 44
Pg 39Pg 38
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
CITY OF CATHEDRAL CITY
Data
LLA 5-071
RES. 2019-44 2020-0043150
SHEET 1 OF 3
Date Old Number New Number
3/1/1971 10-12 27
5/1/1972 22,23 28
1/1/1974 8,9 29
2/1/1975 3,4 30,31
2/1/1980 5-7 32
3/1/1981 18-20 33
4/1/1981 2,30 34
12/1/1981 25,33 431-1-47
12/1/1981 25,33 432-1-65
9/1/1984 26,27 35
11/1/1984 35 36,37
10/1/1987 29 38
10/1/1987 36 39
6/1/2003 430-21,24,28 40
12/1/2005 430-15,16,17 41
Map Reference
MB 22/40 - 44 PALM SPRINGS COUNTRY CLUB ESTATES
MB 117/94 - 95 TRACT MAP NO.14288
CM 33/35 - 66 POR LOT 1 #1981-054588 03-27-1981
6.C.c
Packet Pg. 415
Attachment: Lakeview Villas Condos Parcel Map (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) No
Yes
No
Yes
No
No
Yes
No
Yes
Coordinate with 2
Major owners and City
staff to finalize total
number of properties
and property owner
contact information
Send information to all
property owners regarding
the potential formation of
an assessment district with
postcard survey
Meet (virtually) with 2 Major
property owners to gather names
and contact info for other
property owners
Special
Assessment
District
Formation
Gather postcard
survey results
and prepare
summary letter
with
recommendation
and outline of
next steps
Majority (or some %)of
owners are interested in
Assessment District?
City engages consultant to
prepare a conceptual design
and preliminary cost
estimates. Dry utilities
contacted for underground
costs.
Assessment
District
Process
Ends
W&C, subconsultant, and City
conducts informal neighborhood
meeting to present proposed
project, AD process and potential
costs. Audience polled to
determine if there is still interest
in AD formation
Is audience
predominantly
in favor of AD
formation?
Assessment
District
Process
Ends
City Staff
approaches City
Council for
authorization to
retain Bond
Counsel to prepare
the formal petition
documents
Property owner
volunteers to
circulate the
petition to property
owners within the
proposed district
boundary
Does petition
meet City's
threshold of
support (70%?)?
W&C prepares Construction
plans/Bid Set, detailed cost
estimate, affected properties
map estimated assessments for
each property
Assessment
Engineer
prepares
Engineer's
Report based on
cost estimate
City Council
Approves Report
and Adopts
Resolution of
Intention to Form
Assessment District
Public Hearing Date
Set and
Advertisement for
Bids goes out
Notice of Public
Hearing and
Assessment Ballots
mailed out 45 days
before hearing.
Allow enough time
to receive bids
Engineer's
Report revised
based on bid
results prior to
public hearing
Are individual Assessments greater than
presented in Report adopted by Council?
YES votes exceed 50% based
on total dollars voting yes?
Public hearing held
and ballots
tabulated
City Council approves the
District and awards the
Construction contract
Assessment
District Not
Approved
New Notice of
Public Hearing (45
days) and ballots
sent out.
Reference: Los
Altos, CA
https://www.losaltosca.gov/sites/default/files/fi…
Catherdral City Assessment District Formation Flowchart.mmap - 12/15/2022 - JMRoberts
6.C.d
Packet Pg. 416
Attachment: Assessment District Formation Phase Flow Chart (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 2175 N California Blvd. Suite 315
Walnut Creek, CA 94596
www.woodardcurran.com
T 800.426.4262
T 925.627.4100
Via Electronic Mail
December 29, 2022
John Corella, P.E.
City Engineer, Public Works
68385 Kieley Road
Cathedral City, CA 92234
Re: Proposal for Professional Engineering Services
Cathedral City Assessment District Support
Dear Mr. Corella:
Woodard & Curran is pleased to provide our proposal for professional services for Assessment District Support to Cathedral City. For this effort, Woodard & Curran will function as an extension of City staff to engage, inform, and solicit feedback from property owners regarding the potential formation of a special assessment district , providing utilities and access to a mix of developed and undeveloped parcels. This initial phase of work will set the groundwork for design, cost estimation, and i ndividual property assessments which Woodard & Curran can perform under a future scope of work.
The following pages outline our approach and scope of work for this initial effort. If you have any questions or need additional information, please do not hesitate to contact me at 925-627- 4128 or [email protected].
Sincerely
WOODARD & CURRAN, INC.
Jason Roberts, PE Glenn E. Hermanson, PE
Project Manager Principal-in-Charge
Enclosures:
1) Scope of Services
2) Fee Estimate
3) Assessor Parcel Maps
6.C.e
Packet Pg. 417
Attachment: Cathedral City AD Support Proposal 29Dec2022 (3568 : Sarah Street Area AD Formation - Phase 1 Outreach)
Cathedral City (P012415) 2 Woodard & Curran, Inc.
Proposal Letter DRAFT Task1 December 29, 2022
SCOPE OF SERVICES
TASK 1 – PUBLIC OUTREACH
Woodard & Curran, in conjunction with City Staff, will provide public outreach services to initiate the special assessment district formation process for properties north of Ramon Road and generally bounded and/or served by: Lakeview Circle to the east, Desert Primrose Trail to the North, and Crossley Road/Sarah Street to the east (see attached Assessor Parcel Maps for details). Based on Woodard & Curran’s understanding of the Special Assessment District Formation process, this scope of work will focus on the initial public outreach effort required to distribute information about the proposed assessment district and gather feedback from property owners about potential assessment district formation. Task 1 is divided into the following subtasks.
Task 1.1 Initial Outreach
Woodard & Curran will conduct a virtual 2-hour meeting with City staff and two major property owners in the area of Agua Caliente Trail to discuss the details of the proposed assessment district. Cit y staff and the two major property owners will provide the names and contact information for all property owners to be served by the proposed district. Woodard & Curran will prepare meeting minutes that will include property owner contact information an d an accompanying exhibit (prepared by W&C) showing all properties included in the proposed assessment district.
Task 1.2 Informational Letters
Woodard & Curran will coordinate with City staff to confirm that all properties included in the proposed ass essment district are accounted for. Woodard & Curran will draft and mail informational letters on City provided letterhead to inform property owners about special assessment districts and the need for the formation of an assessment district to provide public improvements for the direct benefit of their property. We will include a survey in a self - addressed stamped envelope with each letter to solicit feedback and gauge initial property owner support for assessment district formation. Woodard & Curran will collect and summarize the received survey results in an email to the City. Based on the results of the survey , the City may choose to move forward with the as sessment district formation process. For this task, we assume up to 100 letters and pre-stamped postcard surveys will be mailed.
Task 1.3 In-Person Outreach
Woodard & Curran and City staff will follow -up the mailing of informational letters with in- person visits to ensure letters were received , and to answer questions about the next steps in the assessment district formation process. Based on initial information from the City, and review of County Assessor’s Parcel Maps, Woodard & Curran assumes up to 2 days of time for in - person visits, including travel, will be required . Woodard & Curran will summarize the information gathered during the in-person visits in an email to the City.
Task 1 Deliverables:
• 2-hour initial outreach meeting (virtual), meeting minutes, and property exhibit.
6.C.e
Packet Pg. 418
Attachment: Cathedral City AD Support Proposal 29Dec2022 (3568 : Sarah Street Area AD Formation - Phase 1 Outreach)
Cathedral City (P012415) 3 Woodard & Curran, Inc.
Proposal Letter DRAFT Task1 December 29, 2022
• Up to 100 i nformational letters and owner surveys. One (1) round of City comments is assumed.
• In-person outreach
Assumptions:
• The City will provide Woodard & Curran with property owner mailing address es for informational letters based on Assessor’s records. Addresses will be provided in electronic format.
• The City will provide the necessary GIS files to prepare the assessment district exhibit • Woodard & Curran assumes 2 days of in-person outreach including travel. • Project management fees are included in the fee estimates for each subtask. • Woodard and Curran travel expenses for in-person visits are included in the fee estimate. • Assessment district services beyond initial public outreach, including, but not limited to, engineering design, cost estimates, and engineering reports are not included in this scope of work.
6.C.e
Packet Pg. 419
Attachment: Cathedral City AD Support Proposal 29Dec2022 (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) Cathedral City Fee Estimate
Assessment District Support 29-Dec-22
Tasks Total
Glenn
Hermanson
Jason
Roberts
Katie
Evans
Gina
Habil Admin.
PIC PM1 TM E1 Admin.
$335 $300 $335 $200 $130
Task 1: Public Outreach
1.1. Initial Outreach Meeting and Materials 0.5 4 4 4 12.5 $3,508 $0 $3,508
1.2 Informational Letters 0.5 4 6 4 6 20.5 $4,958 $400 $440 $5,398
1.3 In-Person Outreach 2 18 2 22 $7,030 $1,000 $1,100 $8,130 Subtotal Task 1: 1 10 28 10 6 55 $15,495 $1,400 $1,540 $17,035 TOTAL 1 10 28 10 6 55 $15,495 $1,400 $1,540 $17,035
2. Subconsultants will be billed at actual cost plus 10%.
5. Additional Woodard & Curran staff may perform work on the project, based on our standard billing rate schedule currently in effect.
3. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.
4. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.
Labor
Total ODCs
(3)
ODCs
Total
FeeODCs
1. The individual hourly rates include salary, overhead and profit.
Total Hours Total Labor
Costs (1)
6.C.e
Packet Pg. 420
Attachment: Cathedral City AD Support Proposal 29Dec2022 (3568 : Sarah Street Area AD Formation - (09
(10(10
(11
(28
(11
(22
(09
(11
(09
(26
(14
(20
(10
(22
(14(12
(23
(10
(24
(01
(10 (11(09
(18
(21
(13
(01
(14
(12
(10
(05(05
(18(01
(08
(07
(07
(08
(07
(27
(13
(03
(01
(04
(14
(25
(13
(06 (09
(04
(12
(14
(02
(05
(06
(03
(04(02 (03
(02
(16
(12
(09
(12
(05
(07
(06
(17
(05
(15
(10 (11
(11
(12
(03
(11
(15
(09
(08
(16
(01
(02
(08
(04 (04
(17
(08
(07
(06 (13(13 (06
(03
(02
(13
T447
T443
T446
T441
T442T445
T444
677-44
ASSESSOR'S MAP BK677 PG.44
Riverside County, Calif. Mar 2014S. Hemmati
POR. S 1/2, SW 1/4, SEC. 17, T4SR5E
CITY OF CATHEDRAL CITY
TRA 019-008
24-63-3
Bk 680
Pg 17
Pg 42
Pg 44
Pg 39
Pg 43
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
Data
LLA 5-040
Map Reference
MB 26/88 PALM SPRINGS OUTPOST UNIT NO. 5
Date Old Number New Number
6/1/1973 444-5 6
11/1/1980 444-6 7
6/1/1981 441-14 PG.42
3/1/1985 444-1 8,ST
9/1/1985 447-2,3 447-6
1/1/1986 447-6 7,ST
3/1/1986 446-18 20,ST
7/1/1986 446-19 21,ST
7/1/1986 443-15-19,ST 20-24
7/1/1986 444-2-4,7,8,ST 9-13
7/1/1986 446-15-17,20,21,ST 22-25
7/1/1986 447-1,4,5,7,ST 8-11
11/1/1986 444-12 14
6/1/1987 446-23 27
6/1/1987 446-24 28
2/19/2014 447-8 12,ST
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Attachment: Cathedral City AD Support Proposal 29Dec2022 (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) CITY
BOGIE
ROAD
(GENE
AUTRY
TRAIL)
55'
74.5'
75'
52'
RAMON
LOT D
PAR
1 145
194.32 226.73
PAR 3PAR 2
115.04 269.96 226.73
60'
50 275
55'CROSSLEY ST.
473.24
SARAH ST.
473.16
32.53 L=231.24
3.07 AC NT
474.65
PAR 4
554.13
CITY LIMITS
40' 161.33
TR 29742-1
L=309.98
272.47
50'
292.97
40'
30 L=172.18
932.67
20 N00-07-15W 1323
34.60 PM 91/7
L=2264.58
R=30,000
TRA 019-000
TRA 019-008
R=33,000
1523.25
82.78 AC ML
(SUBJECT TO FLOOD ESM'T)
#077268 9/60
PAR 1
29.41 AC ML
227.33
303.86
122.86
137.68
99.50 137.22
167.43
L=138.70
31.37 126.16
65.27 192.95
66.45 L=162.71
55.11 L=87.44 LOT C
L=151.94
41.07 166.72
L=68
PAR 4
25180.64
40.39 63.45
L=41.66
3.72 AC
PAR 5
L=72.40
SPRINGS LIMITS676.97
CATHEDRAL LIMITSN89-46-26E
795.07
25.91 291
283.62
329.05
300.08
226.68
23.53 136.83
23.50 57.68
186.05 190.85
40.71 27.50 34
67.72 PAR 6 PAR 7
1.95 AC 2.00 AC
633.27
L=65.20
L=65.2025
21 472.59
50.05 50.91
36.53 35.56
53.24 311.53
PAR 1
20'
5'
30'
LOT B
TRA 011-047
PAR 8
5.40 AC
30'
5'
20'
LOT A
LOT D
60'
PM 230/40
PM 230/40L=101.31
587.90 PALM
PM 230/40
LOT G
1.60 AC NT
EX
11.40 AC
378.31
LOT E LOT B
L=254.94
LOT C
PM 8/64
2.92 AC NT
CATHEDRAL
LOT A
EX
ROAD
173.51
82.46 48.04
POR PAR 3
SAN
DR.LUIS
REY
POR PAR 2
10.63 AC M/L
#0463089 11/19
LANDAU
BLVD
11.28 15.77 9.83
17 (23
(16
(55
(58
(54
(51
(15 (12(53(52 (40
(50(59
(21
(22
(57
677-42
ASSESSOR'S MAP BK677 PG.42
Riverside County, Calif. May 2021E250853
POR. SEC. 17 T.4S., R.5E.
CITY OF PALM SPRINGS
TRA 011-047
019-000
019-008 24-63-3
Bk 680
Pg 17
Pg 42
Pg 28 Pg 42
Bk 677
Pg 41
Bk 680
Pg 19
Pg
44 Pg 38 Pg
62 Pg 39
Bk 680
Pg 10
Bk 678
Pg 21
Bk 678
Pg 07
Bk 678
Pg 17
Pg 35
Pg 37 Pg 63
Pg
43 Pg 61
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. 18 19 20
©
1 " = 400 '
16 20 21
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
CATHEDRAL CITY
Data *
PM 135/53-54
MB 22/40-44
PM 155/20
RS 14/82, RS 96/43-48
Map Reference *
MB 364/70 - 75 TRACT MAP NO. 29742-
PM 230/40 - 46 PARCEL MAP NO. 31968
PM 8/64 PARCEL MAP NO. 5092
PM 91/7 - 8 PARCEL MAP NO. 14820
Date * Old Number * New Number *l
9/1/1973 04 05-06
9/1/1973 01 04,ST.
4/1/1977 800 07
5/1/1978 07 08,ST.
6/1/1981 06 09-12
6/1/1981 PG.41 13,ST.
8/1/1981 03 14,ST.
9/1/1984 10,11 15
3/1/1986 09,13 16
6/1/1986 18 19-20
6/1/1986 08 17-18
7/1/1986 ADD_ASMNT. 21
4/1/1987 05 22,ST.
7/1/1987 02 23-24
4/1/1989 14 25-26
2/1/1990 25,26 27
2/1/1990 27 28-29
2/1/1993 28 30-31
8/1/1999 20 33,ST.
8/1/1999 19 32,ST.
11/9/2000 17 34,ST.
11/9/2000 30 35
11/19/2004 31 37,38
11/19/2004 39 40,PG62
11/19/2004 35 36,ST
11/19/2004 38,29 39
2/24/2005 36,37 41
2/24/2005 41 PG63
1/29/2008 34 43,ST.
1/29/2008 32 42,ST.
3/20/2008 43 44,45
2/10/2009 42 46,47
1/4/2010 33,44,47 48
1/4/2010 45 55
1/4/2010 46 56
1/4/2010 48 49-54
4/22/2020 24 57, ST
5/11/2021 49 58,ST
5/11/2021 56 59,ST
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Attachment: Cathedral City AD Support Proposal 29Dec2022 (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 100
50.20 30 20
30 20
50.20 850.63
P.S.C.C.E.
TR 14288
TR 14288
TRA 019-008
231.85
100.28
50 50
50 50 140
140 70
70 140
140150
150
85 150.08
52 24.21
79.08 49.87
5050
50 50
5050
5029.97
31.44 L=101.39
121.42 P.S.C.C.E.
15 30
9.61 AC ML
Por 1
CM
330.07
1267.68
CM
Por 1
TR 14288
100
TRA 019-008
TRA 019-015
55 55
50 N89-43-21E
RAMON ROAD
SAN LUIS REY DRIVE
LOT O
LOT B
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
332
333
334
335 336
TR 14288
266.44
P.S.C.C.E.
30 30
150
150
100
30 30
N00-12-40W
EX
LOT 337
(46
(40
(41
(32
(47
(38
(37
(31
(34
(39
(01
T431
01-47
T432
01-65
677-43
ASSESSOR'S MAP BK677 Pg. 43
Riverside County, Calif. Nov 2020arrodrig
SW 1/4 OF SEC 17, T.4S.,R.5E TRA 019-008
019-015 24-63-3
Bk 680
Pg 17
Pg 43Pg 42 Pg 44
Pg 39Pg 38
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
CITY OF CATHEDRAL CITY
Data
LLA 5-071
RES. 2019-44 2020-0043150
SHEET 1 OF 3
Date Old Number New Number
3/1/1971 10-12 27
5/1/1972 22,23 28
1/1/1974 8,9 29
2/1/1975 3,4 30,31
2/1/1980 5-7 32
3/1/1981 18-20 33
4/1/1981 2,30 34
12/1/1981 25,33 431-1-47
12/1/1981 25,33 432-1-65
9/1/1984 26,27 35
11/1/1984 35 36,37
10/1/1987 29 38
10/1/1987 36 39
6/1/2003 430-21,24,28 40
12/1/2005 430-15,16,17 41
Map Reference
MB 22/40 - 44 PALM SPRINGS COUNTRY CLUB ESTATES
MB 117/94 - 95 TRACT MAP NO.14288
CM 33/35 - 66 POR LOT 1 #1981-054588 03-27-1981
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Attachment: Cathedral City AD Support Proposal 29Dec2022 (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 1 AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY
AND
WOODARD & CURRAN,
INC. TO PROVIDE
ASSESSMENT DISTRICT SUPPORT
This Agreement for Professional Services (“Agreement”) is entered into as of January 11, 2023 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Woodard & Curran, Inc. a Maine Corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by direct negotiation, the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a letter proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 9 months commencing on the Effective Date.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 2 SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) S chedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of 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 Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventeen Thousand Thirty -Five Dollars ($17,035), 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 Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independentl y review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 3 (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’ s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service P rovider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers,
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 4 canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such 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 Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time 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 Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 5 SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.
(a) Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Service Provider warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all 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 Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 6 Service Provider shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
SECTION 13. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any offi cer 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 Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Service Provider shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Service Provider will perform non- related services for other governmental a gencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 7 (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Service Provider’s conduct.
(d) Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 8 proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider.
(c) Indemnification from Sub- Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) Li
mitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term “design professional,” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(e) City’s Negligence . The provisions of this 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.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 9 SECTION 17. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of 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 Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 10 for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment o n the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 11 SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or 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 Service Provider: Woodard & Curran, Inc.
Attn: Glenn Hermanson
41 Hutchins Drive
Portland, ME 0410
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 Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executor s, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 12 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 Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed acc ording 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 ex clusively 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 exclusi ve expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 13 provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
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 Woodard & Curran, Inc.
Charles P. McClendon By: Glenn E. Hermanson, PE
City Manager Its: Principal-in-Charge
ATTEST:
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
Eric S. Vail
City Attorney
By:
Its:
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach)
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
COUNTY OF RIVERSIDE )
On , 2023, before me, _____________________________________________ ,3 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:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach)
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On , 2023, 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:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach)
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services attached:
A-1
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach)
2175 N California Blvd. Suite 315
Walnut Creek, CA 94596
www.woodardcurran.com
T 800.426.4262
T 925.627.4100
Via Electronic Mail
December 29, 2022
John Corella, P.E.
City Engineer, Public Works
68385 Kieley Road
Cathedral City, CA 92234
Re: Proposal for Professional Engineering Services
Cathedral City Assessment District Support
Dear Mr. Corella:
Woodard & Curran is pleased to provide our proposal for professional services for Assessment District Support to Cathedral City. For this effort, Woodard & Curran will function as an extension of City staff to engage, inform, and solicit feedback from property owners regarding the potential formation of a special assessment district, providing utilities and access to a mix of developed and undeveloped parcels. This initial phase of work will set the groundwork for design, cost estimation, and individual property assessments which Woodard & Curran can perform under a future scope of work.
The following pages outline our approach and scope of work for this initial effort. If you have any questions or need additional information, please do not hesitate to contact me at 925-627- 4128 or [email protected].
Sincerely
WOODARD & CURRAN, INC.
Jason Roberts, PE Glenn E. Hermanson, PE
Project Manager Principal-in-Charge
Enclosures:
1) Scope of Services
2) Fee Estimate
3) Assessor Parcel Maps
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) Cathedral City (P012415)
Proposal Letter DRAFT Task1
2 Woodard & Curran, Inc.
December 29, 2022
SCOPE OF SERVICES
TASK 1 – PUBLIC OUTREACH
Woodard & Curran, in conjunction with City Staff, will provide public outreach services to initiate the special assessment district formation process for properties north of Ramon Road and generally bounded and/or served by: Lakeview Circle to the east, Desert Primrose Trail to the North, and Crossley Road/Sarah Street to the east (see attached Assessor Parcel Maps for details). Based on Woodard & Curran’s understanding of the Special Assessment District Formation process, this scope of work will focus on the initial public outreach effort required to distribute information about the proposed assessment district and gather feedback from property owners about potential assessment district formation. Task 1 is divided into the following subtasks.
Task 1.1 Initial Outreach
Woodard & Curran will conduct a virtual 2-hour meeting with City staff and two major property owners in the area of Agua Caliente Trail to discuss the details of the proposed assessment district. City staff and the two major property owners will provide the names and contact information for all property owners to be served by the proposed district. Woodard & Curran will prepare meeting minutes that will include property owner contact information and an accompanying exhibit (prepared by W&C) showing all properties included in the proposed assessment district.
Task 1.2 Informational Letters
Woodard & Curran will coordinate with City staff to confirm that all properties included in the proposed assessment district are accounted for. Woodard & Curran will draft and mail informational letters on City provided letterhead to inform property owners about special assessment districts and the need for the formation of an assessment district to provide public improvements for the direct benefit of their property. We will include a survey in a self- addressed stamped envelope with each letter to solicit feedback and gauge initial property owner support for assessment district formation. Woodard & Curran will collect and summarize the received survey results in an email to the City. Based on the results of the survey, the City may choose to move forward with the assessment district formation process. For this task, we assume up to 100 letters and pre-stamped postcard surveys will be mailed.
Task 1.3 In-Person Outreach
Woodard & Curran and City staff will follow -up the mailing of informational letters with in- person visits to ensure letters were received, and to answer questions about the next steps in the assessment district formation process. Based on initial information from the City, and review of County Assessor’s Parcel Maps, Woodard & Curran assumes up to 2 days of time for in - person visits, including travel, will be required. Woodard & Curran will summarize the information gathered during the in-person visits in an email to the City.
Task 1 Deliverables:
• 2-hour initial outreach meeting (virtual), meeting minutes, and property exhibit.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) Cathedral City (P012415)
Proposal Letter DRAFT Task1
3 Woodard & Curran, Inc.
December 29, 2022
• Up to 100 informational letters and owner surveys. One (1) round of City comments is assumed.
• In-person outreach
Assumptions:
• The City will provide Woodard & Curran with property owner mailing addresses for informational letters based on Assessor’s records. Addresses will be provided in electronic format.
• The City will provide the necessary GIS files to prepare the assessment district exhibit • Woodard & Curran assumes 2 days of in-person outreach including travel. • Project management fees are included in the fee estimates for each subtask. • Woodard and Curran travel expenses for in-person visits are included in the fee estimate. • Assessment district services beyond initial public outreach, including, but not limited to, engineering design, cost estimates, and engineering reports are not included in this scope of work.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) B-1
EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services as attached.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach)
Cathedral City Fee Estimate
Assessment District Support 29-Dec-22
Tasks Labor ODCs Total
Glenn
Hermanson
Jason
Roberts
Katie
Evans
Gina
Habil
Admin.
Total Hours
Total Labor
ODCs
Total ODCs
Total
PIC PM1 TM E1 Admin.
Costs (1) (3) Fee
$335 $300 $335 $200 $130
Task 1: Public Outreach
1.1. Initial Outreach Meeting and Materials 0.5 4 4 4 12.5 $3,508 $0 $3,508
1.2 Informational Letters 0.5 4 6 4 6 20.5 $4,958 $400 $440 $5,398
1.3 In-Person Outreach 2 18 2 22 $7,030 $1,000 $1,100 $8,130 Subtotal Task 1: 1 10 28 10 6 55 $15,495 $1,400 $1,540 $17,035 TOTAL 1 10 28 10 6 55 $15,495 $1,400 $1,540 $17,035
1. The individual hourly rates include salary, overhead and profit.
2. Subconsultants will be billed at actual cost plus 10%.
3. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.
4. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.
5. Additional Woodard & Curran staff may perform work on the project, based on our standard billing rate schedule currently in effect.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - (09
(10(10
(11
(28
(11
(22
(09
(11
(09
(26
(14
(20
(10
(22
(14(12
(23
(10
(24
(01
(10 (11(09
(18
(21
(13
(01
(14
(12
(10
(05(05
(18(01
(08
(07
(07
(08
(07
(27
(13
(03
(01
(04
(14
(25
(13
(06 (09
(04
(12
(14
(02
(05
(06
(03
(04(02 (03
(02
(16
(12
(09
(12
(05
(07
(06
(17
(05
(15
(10 (11
(11
(12
(03
(11
(15
(09
(08
(16
(01
(02
(08
(04 (04
(17
(08
(07
(06 (13(13 (06
(03
(02
(13
T447
T443
T446
T441
T442T445
T444
677-44
ASSESSOR'S MAP BK677 PG.44
Riverside County, Calif. Mar 2014S. Hemmati
POR. S 1/2, SW 1/4, SEC. 17, T4SR5E
CITY OF CATHEDRAL CITY
TRA 019-008
24-63-3
Bk 680
Pg 17
Pg 42
Pg 44
Pg 39
Pg 43
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
Data
LLA 5-040
Map Reference
MB 26/88 PALM SPRINGS OUTPOST UNIT NO. 5
Date Old Number New Number
6/1/1973 444-5 6
11/1/1980 444-6 7
6/1/1981 441-14 PG.42
3/1/1985 444-1 8,ST
9/1/1985 447-2,3 447-6
1/1/1986 447-6 7,ST
3/1/1986 446-18 20,ST
7/1/1986 446-19 21,ST
7/1/1986 443-15-19,ST 20-24
7/1/1986 444-2-4,7,8,ST 9-13
7/1/1986 446-15-17,20,21,ST 22-25
7/1/1986 447-1,4,5,7,ST 8-11
11/1/1986 444-12 14
6/1/1987 446-23 27
6/1/1987 446-24 28
2/19/2014 447-8 12,ST
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) CITY
BOGIE
ROAD
(GENE
AUTRY
TRAIL)
55'
74.5'
75'
52'
RAMON
LOT D
PAR
1 145
194.32 226.73
PAR 3PAR 2
115.04 269.96 226.73
60'
50 275
55'CROSSLEY ST.
473.24
SARAH ST.
473.16
32.53 L=231.24
3.07 AC NT
474.65
PAR 4
554.13
CITY LIMITS
40' 161.33
TR 29742-1
L=309.98
272.47
50'
292.97
40'
30 L=172.18
932.67
20 N00-07-15W 1323
34.60 PM 91/7
L=2264.58
R=30,000
TRA 019-000
TRA 019-008
R=33,000
1523.25
82.78 AC ML
(SUBJECT TO FLOOD ESM'T)
#077268 9/60
PAR 1
29.41 AC ML
227.33
303.86
122.86
137.68
99.50 137.22
167.43
L=138.70
31.37 126.16
65.27 192.95
66.45 L=162.71
55.11 L=87.44 LOT C
L=151.94
41.07 166.72
L=68
PAR 4
25180.64
40.39 63.45
L=41.66
3.72 AC
PAR 5
L=72.40
SPRINGS LIMITS676.97
CATHEDRAL LIMITSN89-46-26E
795.07
25.91 291
283.62
329.05
300.08
226.68
23.53 136.83
23.50 57.68
186.05 190.85
40.71 27.50 34
67.72 PAR 6 PAR 7
1.95 AC 2.00 AC
633.27
L=65.20
L=65.2025
21 472.59
50.05 50.91
36.53 35.56
53.24 311.53
PAR 1
20'
5'
30'
LOT B
TRA 011-047
PAR 8
5.40 AC
30'
5'
20'
LOT A
LOT D
60'
PM 230/40
PM 230/40L=101.31
587.90 PALM
PM 230/40
LOT G
1.60 AC NT
EX
11.40 AC
378.31
LOT E LOT B
L=254.94
LOT C
PM 8/64
2.92 AC NT
CATHEDRAL
LOT A
EX
ROAD
173.51
82.46 48.04
POR PAR 3
SAN
DR.LUIS
REY
POR PAR 2
10.63 AC M/L
#0463089 11/19
LANDAU
BLVD
11.28 15.77 9.83
17 (23
(16
(55
(58
(54
(51
(15 (12(53(52 (40
(50(59
(21
(22
(57
677-42
ASSESSOR'S MAP BK677 PG.42
Riverside County, Calif. May 2021E250853
POR. SEC. 17 T.4S., R.5E.
CITY OF PALM SPRINGS
TRA 011-047
019-000
019-008 24-63-3
Bk 680
Pg 17
Pg 42
Pg 28 Pg 42
Bk 677
Pg 41
Bk 680
Pg 19
Pg
44 Pg 38 Pg
62 Pg 39
Bk 680
Pg 10
Bk 678
Pg 21
Bk 678
Pg 07
Bk 678
Pg 17
Pg 35
Pg 37 Pg 63
Pg
43 Pg 61
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. 18 19 20
©
1 " = 400 '
16 20 21
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
CATHEDRAL CITY
Data *
PM 135/53-54
MB 22/40-44
PM 155/20
RS 14/82, RS 96/43-48
Map Reference *
MB 364/70 - 75 TRACT MAP NO. 29742-
PM 230/40 - 46 PARCEL MAP NO. 31968
PM 8/64 PARCEL MAP NO. 5092
PM 91/7 - 8 PARCEL MAP NO. 14820
Date * Old Number * New Number *l
9/1/1973 04 05-06
9/1/1973 01 04,ST.
4/1/1977 800 07
5/1/1978 07 08,ST.
6/1/1981 06 09-12
6/1/1981 PG.41 13,ST.
8/1/1981 03 14,ST.
9/1/1984 10,11 15
3/1/1986 09,13 16
6/1/1986 18 19-20
6/1/1986 08 17-18
7/1/1986 ADD_ASMNT. 21
4/1/1987 05 22,ST.
7/1/1987 02 23-24
4/1/1989 14 25-26
2/1/1990 25,26 27
2/1/1990 27 28-29
2/1/1993 28 30-31
8/1/1999 20 33,ST.
8/1/1999 19 32,ST.
11/9/2000 17 34,ST.
11/9/2000 30 35
11/19/2004 31 37,38
11/19/2004 39 40,PG62
11/19/2004 35 36,ST
11/19/2004 38,29 39
2/24/2005 36,37 41
2/24/2005 41 PG63
1/29/2008 34 43,ST.
1/29/2008 32 42,ST.
3/20/2008 43 44,45
2/10/2009 42 46,47
1/4/2010 33,44,47 48
1/4/2010 45 55
1/4/2010 46 56
1/4/2010 48 49-54
4/22/2020 24 57, ST
5/11/2021 49 58,ST
5/11/2021 56 59,ST
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 100
50.20 30 20
30 20
50.20 850.63
P.S.C.C.E.
TR 14288
TR 14288
TRA 019-008
231.85
100.28
50 50
50 50 140
140 70
70 140
140150
150
85 150.08
52 24.21
79.08 49.87
5050
50 50
5050
5029.97
31.44 L=101.39
121.42 P.S.C.C.E.
15 30
9.61 AC ML
Por 1
CM
330.07
1267.68
CM
Por 1
TR 14288
100
TRA 019-008
TRA 019-015
55 55
50 N89-43-21E
RAMON ROAD
SAN LUIS REY DRIVE
LOT O
LOT B
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
332
333
334
335 336
TR 14288
266.44
P.S.C.C.E.
30 30
150
150
100
30 30
N00-12-40W
EX
LOT 337
(46
(40
(41
(32
(47
(38
(37
(31
(34
(39
(01
T431
01-47
T432
01-65
677-43
ASSESSOR'S MAP BK677 Pg. 43
Riverside County, Calif. Nov 2020arrodrig
SW 1/4 OF SEC 17, T.4S.,R.5E TRA 019-008
019-015 24-63-3
Bk 680
Pg 17
Pg 43Pg 42 Pg 44
Pg 39Pg 38
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
CITY OF CATHEDRAL CITY
Data
LLA 5-071
RES. 2019-44 2020-0043150
SHEET 1 OF 3
Date Old Number New Number
3/1/1971 10-12 27
5/1/1972 22,23 28
1/1/1974 8,9 29
2/1/1975 3,4 30,31
2/1/1980 5-7 32
3/1/1981 18-20 33
4/1/1981 2,30 34
12/1/1981 25,33 431-1-47
12/1/1981 25,33 432-1-65
9/1/1984 26,27 35
11/1/1984 35 36,37
10/1/1987 29 38
10/1/1987 36 39
6/1/2003 430-21,24,28 40
12/1/2005 430-15,16,17 41
Map Reference
MB 22/40 - 44 PALM SPRINGS COUNTRY CLUB ESTATES
MB 117/94 - 95 TRACT MAP NO.14288
CM 33/35 - 66 POR LOT 1 #1981-054588 03-27-1981
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) 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.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) C-2
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of S ervice 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.
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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach) C-3
c. Service Provi der’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the Cit y, 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 subcontractor identical to those Service Provider provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and 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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Attachment: Cathedral City Woodard and Curran AD Agreement (3568 : Sarah Street Area AD Formation - Phase 1 Outreach)
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Staff Report
City Council
Item No. 6.D
Meeting Date: January 11, 2023
From: Mike Contreras,
Title: Ambulance Billing Supplement Reimbursement Program
City Council
RECOMMENDATION:
Approve participation in the California DHCS PP-GEMT IGT Program, replacing two existing programs (GEMT and QAF).
In an effort to simplify this report, we’ve included explanations for the acronyms assigned by the entities involved and their respective programs:
CPE: Certified Public Expenditure. The sources of funds certified as actual expenditures by a local or public governmental entity and used as the State share in order to receive federal matching Medicaid funds.
CMS: Centers for Medicare and Medicaid Services. The Centers for Medicare and Medicaid Services is a division of the Dept. of Health and Human Services, and provides health coverage to more than 100 million people through Medicare, Medicaid, the Children's Health Insurance Program, and the Health Insurance Marketplace.
DHCS: Department of Healthcare S ervices. A department within the California Health and Human Services Agency that finances and administers a number of individual health care service delivery programs, including Medi -Cal, which provides health care services to low-income people.
FFS: Fee-For-Service. A significant proportion of total Medi -Cal expenditures is generated through the Fee -for-Service (FFS) health care delivery system. FFS providers render services and then submit claims for payment that are adjudicated, processed, and paid (or denied) by the Medi-Cal program's fiscal intermediary
GEMT: Ground Emergency Medi cal Transport ation-. A voluntary supplemental reimbursement program open to public providers of ambulance transport services.
MC: MANAGED CARE. Contracts for health care services through established networks of organized systems of care, which emphasize primary and preventive care.
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MEDI-CAL: California's Medicaid health care program
MEDI-MEDI: A combination of subscriptions to both Medi-Cal and Medicare.
PP-GEMT IGT: Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program. Replaces GEMT and QAF reimbursement programs.
QAF: Quality Assurance Fee. A mandatory program required of all transport providers in California to level the field between cities, counties and districts with fewer Medi -Cal patients and those with higher amounts of Medi-Cal patients.
W&I: California Welfare and Institutions. One of 29 Codes that contain state statutes, the Code establishes programs and public social services for promoting public welfare.
Within this report, we will periodically refer to GEMT and QAF as the “old programs” and PP-GEMT IGT as the “new program.”
BACKGROUND:
California Welfare and Institutions (W&I) Code § 14105.94, enacted October 2, 2011, authorized the Ground Emergency Medi -Cal Transportation Services (GEMT) supplemental reimbursement program. This voluntary Certified Public Expenditure (CPE) based program provides additional funding to eligible governmental entities that provide GEM T services to Medi -Cal beneficiaries. The Centers for Medicare and Medicaid Services (CMS) approved State Plan Amendment (SPA) 09 -024 on September 4, 2013, authorizing the federal share of the supplemental reimbursement payments based on uncompensated cost s for Medi -Cal fee -for-service transports provided by public entities, effective January 30, 2010.
In 2013, the California Department of Healthcare Services (DHCS) rolled out the GEMT CPE program retroactive to FY2009/2010.
In 2017, in accordance with S enate Bill 523 (SB 523) DHCS established the GEMT QAF to provide supplemental payments to all Medi -Cal transport providers. Using data collected, the DHCS would impose a fee per transport to all EMS transport providers, and use the funds collected to reimburse a $220 add on for all Medi-Cal Fee-for-Service (FFS) transports. The GEMT QAF program was a mandatory program for all EMS transport providers.
DISCUSSION:
WHAT IS PP-GEMT IGT?
In 2019, California Assembly Bill (AB) 1705 was passed, allowing the D HCS to develop the PP-GEMT IGT program to provide increased reimbursements, by application of an add-on increase, to emergency Medi -Cal transports provided by eligible public GEMT providers. The non-federal share collected will be used to provide an add-on increase to the FFS fee schedule rate for the affected emergency Medi -Cal transport billing codes
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and a rating increment that will be applied to primary capitation rates for contracted Medi-Cal plans.
As a result of AB 1705, the old programs will transit ion to the new program. This new program will take effect on January 1, 2023. The old programs sunset on December 31, 2022. The new program is implemented for public providers, as they will no longer be eligible to participate in old programs after December 31, 2022. The CY 2022 QAF rates have not been established, and therefore, invoices have yet to be provided by DHCS.
These payments will be required once the invoices are complete.
We have been provided an estimated upfront non -federal share of costs in the amount of $665,103.64. In order to have DHCS administer the program , the non-federal share of implementing the new program will be supported by the IGT contributions from participating providers to DHCS, such as Cathedral City Fire Department. There is a 10% administrative fee that will be retained by DHCS to cover the costs associated with administering the program.
There was no such provision in Assembly Bill 1705 for the state to front any costs of this program, and it was clearly stated there wo uld be no cost to the state. DHCS has agreed to administer the new program with the understanding there can be no cost to the California taxpayers and because of this DHCS is requiring the up -front buy -in payment is required from participating transporting agencies.
BENEFITS OF THE NEW PROGRAM
Based on FY 2021/2022, the net total revenue was $1,887,494.31 , for an average of $475.80 per transport. For calendar year 2023, the Fire Department projects ambulance revenues will be $2,491,353.10 , for an average revenue of $626.78 per transport (based on two ambulances and three ambulances after medic 2 is placed into service later this year).
Per the federal government, the per -transport or total reimbursement under the new program is expected to be higher than the amount received from the federal government. Under the old program, the proposed cost recovery with the new add -on for calendar year 2023 is expected to be $946.92 per MC and FFS transports, and $531.80 for Medi -Medi eligible transports. Those three c ategories accounted for approximately 36.5% of our total transports in FY2021/2022.
To participate in the program, DHCS is requesting the Cathedral City Fire Dept. provide an up-front one-time payment of $665,103.64. At this point, this amount is estimat ed and DHCS has stated that if they determine the total projected amount of the total voluntary contributions by participating agencies is not sufficient to support the implementation of the program, it is unknown if any of the following scenarios would take place. The first scenario would be to supplementally bill participating agencies to cover the shortfall. The second scenario would be to end the new program altogether.
Should the second scenario come into play, the new program would cease to operat e on the first day of the Medi -Cal managed care rating beginning on or after the date of such determination. The public providers may revert to reimbursement under the old
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programs. One thing to keep in mind , DHCS has stated that after January 1, 2023, the old programs would no longer exist, and they would then be required to re -implement the old programs. In summary:
FY 2021/2022 actual transport cost recovery $475.80/transport CY 2023 projected transport cost recovery $626.78/transport
CY 2023 projected additional cost recovery with the new program add-on:
MC & FFS is $946.92/transport
Medi-Medi is $531.80/transport
CY 2023 up-front PP-GEMT IGT participation payment $665,103.64 CY 2023 total estimated new program add itional cost recovery will be $866,123.24 The increased cost recovery will recur in future years as well.
FISCAL IMPACT:
To participate in the PP -GEMT IGT program, t he General Fund (100) impact in FY 2022/2023 is estimated to be $665,103.64.
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Staff Report
City Council
Item No. 6.E
Meeting Date: January 11, 2023
From: Stone James, Economic Development Director
Title: Greater Coachella Valley Chamber of Commerce Fiscal Service Provider Agreement for January -June 2023; and for the
2023/2024 Fiscal Year
City Council
RECOMMENDATION:
To authorize the City Manager to execute the attached Greater Coachella Valley Chamber of Commerce Service Provider Agreements covering the following periods: (1) January-June 2023 for a total of $45,500, and (2) the full -year service provider agreement for the 2023/2024 fiscal year in the amount of $73,436 subject to: (a) Economic Development Department confirming the Chamber materially fulfilled the January-June 2023 contract; and (b) Economic Development Dep artment’s professional services budget in the 2023/2024 budget cycle is increased by $43,436 to allow a total annual payment to the Chamber of $73,436 ($53,936 for Chamber services plus $19,500 for the State of the City address).
BACKGROUND:
The Cathedra l City Chamber of Commerce and the City of Cathedral City have partnered to serve and support Cathedral City -based businesses since the City's incorporation in 1981. This partnership was strengthened when the Cathedral City Chamber of Commerce merged with the Greater Coachella Valley Chamber of Commerce in 2017 ("GCVCC" or "Chamber").
Founded in 2017, GCVCC is the Coachella Valley's largest business advocacy, marketing, and networking organization . Since inception, GCVCC has won multiple awards from the W estern United States Association of Chamber Executives. Currently, six of the nine Coachella Valley cities contract with GCVCC to provide chamber services. Palm Desert, Rancho Mirage, and Palm Springs maintain stand -alone chambers of commerce. These stand -alone chambers of commerce are staffed with two, four, and six full-time chamber professionals, respectively. The chamber run by two full-time professionals is made possible by the h igh rate of board member involvement and volunteerism in day -to-day operat ions. The chambers with four and six staff members handle a wider range of operational tasks without requiring significant board involvement beyond their traditional activities.
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The U.S. Chamber of Commerce states, “Local Chambers of Commerce are our nation’s strongest small business advocates, providing a voice for thousands of communities across America. When businesses succeed, communities succeed, and local chambers are there every step of the way empowering businesses to grow and thrive even in the mo st challenging of circumstances ” (https://www.uschamber.com/small-business/supporting-local-chambers-means- supporting-local-businesses)
In the 2017 through 2020 fiscal years , the GCVCC received an annual allocation of $60,000. Due to the anticipated impact of COVID -19 on City revenues, on June 30, 2020, the Council voted to reduce the Chamber's annual allocation to $17,200 for the 2020/21 fiscal year. As economic conditions improved, the City increased the Chamber - related budget to $45,000 for the 2021/22 fiscal year. This $45,000 amount included monies to fund Chamber services ($30,000) and monies to maintain a stand -alone Cathedral City-based Visitor Center ($15,000). Given alternative information distribution channels (online, kiosk, etc.,) , the Cathedral City -based Chamber office was permanently closed.
During the 2020/21 and 2021/22 fiscal years the Chamber attempted to maintain the $60,000-level of service despite City contracts of $17,200 and $ 45,000, respectively .
Additionally, the Chamber recognized they under-requested City support for actual cost of conducting the 2022 (and previous in -person) State of the City event ($19,500 reasonable City contribution verses the previously charged $10,000).
Since the fourth calendar quarter of 2022, the Cathedral City Chamber of Commerce Board of Directors1 (Chamber Board), GCVCC Regional Board Chair Rich Ramhoff, and the Cathedral City Economic Development Department have worked closely with Councilmembers Mark Carnevale and Nancy Ross to identify the services which would benefit the Cathedral City business community . Equally important , the Chamber evaluated the inflation-adjusted costs of providing said services. Exhibit “A” (attached) outlines the services and corresponding costs the Chamber is proposing to provide the City for January - June 2023 and 2023/2024 fiscal year.
The services outlined in the January - June 2023 will provide vital s upport to the EDD’s economic development mission. While the Chamber influences EDD’s three -core economic development activities (business attraction, business retention, and business expansion), the Chamber most directly assists with business retention. Typical municipal Economic Development department s in the Coachella Valley and Southern California regional are staffed with one director, one analyst level-professional, and one administrative support professional . This City’s EDD department has one direct or-level position. Staff is not aware of an economic development department which also provides chamber services in place of a separate stand-alone chamber of commerce.
Since the fiscal year is 50% complete, staff is recommending two quarterly payments of $13,000 each to the Chamber to cover January - June 2023 services. The total cost of these services is outlined below:
1) $26,000: 50% of Professional Service Agreement Exhibit “A”’s: Section 1 - Business Support Services at $30,000; Section 2 - City Market ing at $12,000;
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and Section 3 - Shop Local First at $10,000. Note: The City already participated in the All Valley Mayor and Tribal Chair Event at the full sponsorship cost of $780. There are no s ponsorships of other special events anticipated between January-June 2023.
2) State of the City would remain unchanged at the $19,500 amount discussed during the December 14, 2022, Council meeting.
3) Total costs for the January - June 2023, Chamber services and State of the City address would be $45,500. There are suf ficient funds within Economic Development’s 2022/2023 budget to cover these expenses.
Looking Ahead:
Given the timing of this January - June 2023 chamber contract request, Staff is requesting Council also approve a full-year Chamber contract for FY23-24 subject to the following conditions:
1) Economic Development Department confirms chamber materially fulfilled the January–June 2023 contract.
2) Economic Development Department’s professional services budget in the 2023/2024 budget cycle is increased by $43,43 6 to a llow a total annual payment to the Chamber of $73,436 ($53,936 plus $19,500).
The following table outlines the separate proposals:
Activity & Cost Jan-June 2023 2023/2024 Fiscal Year
State of the City $19,500 $19,500
Exhibit “A” Services $26,000 $53,936
Total Cost $45,500 $73,436
DISCUSSION:
Each fiscal year the City and GCVCC enters into an annual service provider agreement ("Agreement"). This Agreement outlines the relationship, duties, and responsibilities to and between the City and th e Chamber. The complete Agreement includes Exhibits “A” and “B”.
Exhibit “A”, or the Scope of Services, describes the activities the Chamber and the City are required to perform.
Exhibit "B", or Payment Program, is a check mechanism for the City and t he Chamber to ensure agreed -upon services are delivered and documented before payment, the timing of payments, and the amount of said payments.
Exhibit "A" has been revised for the upcoming fiscal year. These revisions include appropriately matching needed services with the realistic costs of providing said services. Below is a summary of Exhibit “A”.
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1) Business Support and Engagement Services : The Chamber will host and produce resources to support entrepreneurial interests; professional, business, and wor kforce development; and industry. These services may include collaborating with other agencies to serve the best interests of Cathedral City businesses.
2) City Marketing: The Greater Coachella Valley Chamber of Commerce will proactively market city assets, events, and businesses. The goal of these marketing efforts is to (i) increase economic activity within the City, (ii) improve the positive public perception of Cathedral City, (iii) raise property values, (iv) add to the City’s tax base.
3) Shop Local First : The Chamber will diligently administer the “Shop Local First” program (SLF) within the City. The Chamber will update and maintain the City’s Shop Local First webpage: www.cccshoplocal.com.
4) Special Events: The Greater Coachella Valley Chamber of Commerce and City of Cathedral City agree to mutually collaborate on the production of business and community-oriented events in the City of Cathedral City. Additionally, the City of Cathedral City agrees to sponsor a variety of GCVCC Special Events through the year.
The aforementioned activities will support the mission of attracting, retaining, and expanding both Cathedral City businesses and economic activity within the City.
FISCAL IMPACT:
The FY 2022/2023 budget a llocates $30,000 for the GCVCC Agreement. These allocated funds would be used to fund th e Chamber services for January thru June 2023 and the State of the City contract in the amount of $45,500. Additional funds exist within the Economic Development Department budget to cover the additional $15,500.
During the fiscal year 2023/2024 and 2024/2025 bi ennial budget cycle, the Economic Development GCVCC Chamber budget allocation will need to increase from $30,000 to $73,436.
REFERENCES:
1) The Cathedral City Cha mber of Commerce Board of Directors consists of the following members:
Joe Frazier Chairman
Stephen Burchard Secretary
Bob Baltes Treasurer
Shelley Kaplan Director and Former Councilmember
Adrian Rendon Director
Antonio Lopez-Cochran Director
Gabriel Arreola Director
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James Linquist Director
Peter Bedard Director
Phil Goodage Director
Richard Altman Director
Sandy Jimenez Director
Scott Robinson Director
ATTACHMENTS:
1_Service Provider Agmt FY January 2023 thru June 2023
2_Exhibit A Scope of Services FY January 2023 thru June 2023 3_Exhibit B Payment Instructions January 2023 thru June 2023 1_Service Provider Agmt FY 2023 - 2024
2_Exhibit A Scope of Services FY 2023-2024
3_Exhibit B Payment Instructions FY2023-2024
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Chamber of Commerce Service Provider Agreement FY January 2023 thru June 2023 Page 1
SERVICE PROVIDER AGREEMENT BY AND BETWEEN THE
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE AND THE CITY OF CATHEDRAL CITY FY January 2023 thru June 2023
THIS SERVICE PROVIDER AGREEMENT, is made and entered into this day of , 2023, by and between the Greater Coachella Valley Chamber of Commerce, a California 501(c)(6) non -profit corporation (hereinafter referred to as the “Service Provider”), and the City of Cathedral City, a California municipal corporation (hereinafter referred to as the “City”).
RECITALS:
WHEREAS, the Service Provider proposes to provide business retention and expansion , cooperative marketing programs, and general support for the City, as well as traditional functions of the Chamber; and
WHEREAS, the City can benefit from the services offered by the Service Provider , on an independent contractor’s basis, as outlined in the Scope of Services, attached hereto as Exhibit “A”; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS AND PROMISES
CONTAINED HEREIN, AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
Section 1. RECITALS AND TERM OF AGREEMENT
The recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference as though set forth herein. This Agreement shall be for a term of six (6) months, commencing on January 12, 2023, and ending June 30, 2023.
Section 2. SCOPE OF SERVICES
The Service Provider shall provide to the City those services as set forth in the “Scope of Services”, attached hereto as Exhibit “A” and incorporated herein by this reference , as though set forth at length.
The Service Provider shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor. Service Provider acknowledges that Scope of Services is intended to increase its membership and maximize benefits to the City in exchange for the funds received from the City.
Section 3. COMPENSATION AND PAYMENT SCHEDULE
The City shall compensate the Service Provider for the services rendered by the Service Provider pursuant to Exhibit “A” and “B” attached to this Agreement. Payment shall be provided upon satisfactory submission by the Service Provider of the Quarterly Scope of Service Activity Report and Quarterly Budget Report as required by Section 18 of this Agreement.
Section 4. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF THE SERVICE PROVIDER A. The Service Provider represents and acknowledges the following:
(1) The City is not required to provide any training or counsel to the Service Provider or its employees in order for the Service Provider to perform the services described in this Agreement.
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Attachment: 1_Service Provider Agmt FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for January- Chamber of Commerce Service Provider Agreement FY January 2023 thru June 2023 Page 2 (2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. Further, the services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (3) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with the Service Provider on a continuing basis after termination of this Agreement.
(4) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by the Service Provider to perform the services described in this Agreement.
(5) The Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are “employees” of the City. (6) The Service Provider warrants that it is fully qualified to perform the Scope of Services and is willing to perform such services, per this service provider agreement, in a first -class manner, consistent with the highest professional standards. For purposes of this agreement, the highest professional standards shall mean standards of practice recognized as high quality among well -qualified and experienced professionals performing similar work under similar circumstances. The Service Provider so warrants based on its ample experience performing work akin to the Scope of Services, and, in light of the Service Provider’s professional status and experience.
B. The City represents and acknowledges the following:
(1) The Service Provider is not required to comply with daily instructions from City staff with respect to when, where or how the Service Provider performs the services set forth in this Agreement. The Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement. (2) The City will not hire, supervise or pay any assistants working for the Service Provider pursuant to this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that the Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) Unless deemed necessary under certain circumstances, the Service Provider is not required to perform the services set forth in this Agreement at the Cathedral City Civic Center or on City-owned property.
(5) Other than attendance at required public meetings and public hearings, and complying with procedural requirements set forth by law, the Service Provider is not required to perform the services set forth in the Agreement in any particular order or sequence. (6) Nothing in this Agreement shall be interpreted to preclude the Service Provider from working for other persons or firms, provided such work does not create a conflict of interest.
Section 5. NOT AGENT OF THE CITY
A. Nothing contained in this Agreement shall be deemed, construed or represented by the City or the Service Provider or by any third person to create the relationship of principal and agent.
B. The Service Provider shall have no authority, expressed or implied, to act on behalf of the City in any capacity whatsoever as an agent nor shall the Service Provider have any authority, expressed or implied, to bind the City to any obligation whatsoever.
Section 6. QUALIFICATIONS AND WARRANTY
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Attachment: 1_Service Provider Agmt FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for January- Chamber of Commerce Service Provider Agreement FY January 2023 thru June 2023 Page 3 The Service Provider represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement. The Service Provider warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
Section 7. FAMILIARITY WITH WORK
A. By executing this Agreement, the Service Provider 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 care fully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending to the performance of work under this agreement.
B. Should the Service Provider discover any latent or unknown conditions m aterially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed, except at the Service Provider’s risk, until written instructions are received from the appropriate City representative.
Section 8. CONFLICTS OF INTEREST
The Service Provider covenants that neither its staff nor any officer has any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of the Service Provider’s services under this Agreement.
Section 9. COMPLIANCE WITH LAWS
The Service Provider shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.
Section 10. NONDISCRIMINATION
The Service Provider will comply with the City’s employment -related nondiscrimination policies as set forth in Chapter 11.88 of the Cathedral City Municipal Code, as it may be amended from time to time.
Section 11. WORKERS’ COMPENSATION INSURANCE
A. The Service Provider shall procure and maintain at its own expense, during the term of this Agreement, workers’ compensation insurance providing coverage as required by the California State Workers’ Compensation Law.
B. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers’ Compensation Law, the Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the legal counsel of the City.
Section 12. ADDITIONAL NAMED INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsem ent whereby it is provided that the City and its officers, employees, servants, volunteers, agents and independent contractors, including without limitation, the City Manager, City Council, Economic Development Director, Planning Department Director, Engineering Department Director Administrative Services Director, Police Chief, Fire Chief, Communication and Events Manager , City Engineer, and City Legal Counsel are named as additional insureds.
Section 13. WAVIER OF SUBROGATION RIGHTS
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Attachment: 1_Service Provider Agmt FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for January- Chamber of Commerce Service Provider Agreement FY January 2023 thru June 2023 Page 4 The Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors and subcontractors.
Section 14. COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE,
AND PROOF OF INSURANCE COVERAGE
The Service Provider shall procure and maintain at its ow n expense, during the term of this Agreement, comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage.
A. The Service Provider s hall secure from a good and responsible company or companies authorized to perform insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City certificates of insurance on or before the commencement of the term of this Agreement.
B. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by ma il, postage prepaid, not less tha n thirty (30) days before the cancellation or amendment is effective.
C. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
D. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the term of this Agreement.
E. Within thirty (30) days of the execution of this Agreement, the Service Provider shall furnish certified copies of all required insurance policies and endorsements.
Section 15. TERMINATION OR SUSPENSION
A. This Agreement may be terminated or suspended witho ut cause by the City at any time provided that the City provides the Service Provider at least ten (10) business days written notice of such termination or suspension.
B. This Agreement may be terminated or suspended with cause by the City at any time provided the City provides at least (3) business days written notice of such termination or suspension.
C. This Agreement may be terminated by the Service Provider with cause at any time provided the Service Provider provides the City at least ten (10) business da ys written notice of such termination.
Section 16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 17. INDEMNIFICATION
A. The Service Provider shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from against those actions, suits, proceedings, claims, demands, losses, costs and expenses, including reasonable legal costs and attorneys’ fees, for any personal injuries, deaths, property damage (including property owned by the City) and for acts committed by the Service Provider, its officers, employees, independent contractors and agents, which may arise out of the Service Provider’s negligen ce in performing the services described in this Agreement unle ss such losses or damages are proven to be caused by the City’s own negligence or that of its officers or employees.
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Attachment: 1_Service Provider Agmt FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for January- Chamber of Commerce Service Provider Agreement FY January 2023 thru June 2023 Page 5 B. The Service Provider shall defend, indemnify and hol d harmless the City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs and expenses, including reasonable legal costs and attorney’s fees that may arise out of Service Provider’s actions in the discipline, suspension and/or termination against or involving any of Service Provider’s employees, independent contracts, officers and agents.
C. The City does not, and shall not , waive any rights that it may have against the Service Provider under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein.
Section 18. REPORTS AND MEETINGS
The Service Provider shall prepare and submit to the City’s Economic Development Director on a quarterly basis : (1) a detailed Scope of Service Activity Report concerning the Service Provider’s performance of the services required by this Agreement ; (2) a Budget Report for the four categories of services identified in Exhibit “A”, Scope of Services; and (3) a Membership Report showing an increase or decrease in Chamber membership and specifying which are Cathedral City -based businesses. A City/Chamber Committee comprised of the City Manager, Economic Development and Chamber Executive Board representatives shall also meet at these same quarterly intervals to discuss the submitted reports.
Section 19. BUSINESS DISTRICT APPONTMENTS TO SERVICE PROVIDER BOARD
The Board of Directors for the Cathedral City Business District shall appoint three members to the Service Provider’s Board of Directors who are representative of the Cathedral City business community.
These appointments are for staggered one-, two-, and three-year terms.
Section 20. RECORDS
The Service Provider shall keep such books and records as necessary to perform the services required by this Agreement and enable the Executive Officer to evaluate the cost and performance of such services. Books and records pertaini ng to costs shall be kept and prepared in accordance with generally accepted accounting principles. The City Manager or designee shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.
Section 21. OWNERSHIP OF DOCUMENTS
A. Upon completion of any document or report required to be provided by the Service Provider in the course of performing any of the services described in this Agreement , or upon earlier termination of this Agreement, all completed original documents and/or reports and any designs, drawings, calculations, diskettes, computer files, notes, and other related materials prepared or produced in connection with such documents or reports shall be considered the joint property of both the City and the Service Provider and may be used and/or reused on any other project by the City or Service Provider without the permission of either the City or Service Provider.
B. All computer files produced in connection with the services described in this Agreement shall be provided to the City in a form and format that is compatible with the City’s existing computer equipment and software.
Section 22. CONFIDENTIALITY
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Attachment: 1_Service Provider Agmt FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for January- Chamber of Commerce Service Provider Agreement FY January 2023 thru June 2023 Page 6 The Service P rovider and the City shall work together in identifying certain drafts/documents/reports prepared by the Service Provider for the City, which shall be kept strictly confidential until such time the City authorizes the release of said information. The Service Provider shall not disclose to any other entity or person any information regar ding the activities of the City except as required by law or as authorized by the City. All financial reports provided by the Service Provider to the City shall be deemed confidential and shall not be released publicly without prior written approval of the Service Provider or as required by law.
Section 23. PRINCIPAL REPRESENTATIVES
A. The Executive Officer or Chairman of the Board are designated as the principal representatives of the Service Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. The Economic Development Director shall be the principal representative of the City for purposes of communicating with the Service Provider on any matter associated with the performance of the services set forth in this Agreement.
B. Either party may designate another individual as its principal representative by giving notice of such designation to the other party.
C. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals shall be responsible during the term of this Agreement for directing all activities of the Service Provider and devoting sufficient time to personally supervise the services hereunder.
Section 24. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 25. ENTIRE AGREEMENT
A. This Agreement supersedes any and all other agreements, either oral or written, between the City and the Service Provider with respect to the subject matter of this Agreement.
B. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by , or on behalf of , any party except those covenants and agreements embodied in this Agreement.
C. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Section 26. NOTICES
A. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Economic Development Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Service Provider: President/Chief Executive Officer
Greater Coachella Valley Chamber of Commerce
82-921 Indio Boulevard
Indio, CA 92201
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Attachment: 1_Service Provider Agmt FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for January- Chamber of Commerce Service Provider Agreement FY January 2023 thru June 2023 Page 7 B. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 27. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to the Service Provider, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Service Provider or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 28. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 29. WAIVER
A. No waiver shall be binding, unless executed in writing by the party making the waiver.
B. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
C. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 30 ASSIGNMENT
The experience, knowledge, capability and reputation of th e Service Provider, its principals and employees were a substantial inducement for the City to enter into this Agreement. This Agreement shall not be assigned by either party without prior written consent of the other party.
Section 31. CARE OF WORK
The Service Provider shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by the Service Provider and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages to persons or property until acceptance of the work by the City, except such losses or damages as may be caused by the City’s own negligence.
The performance of services by the Service Provider shall not relieve the Service Provider from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City when such inaccuracies are due to the negligence of the Service Provider.
Section 32. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of the Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 33. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 34. RIGHTS AND REMEDIES
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Attachment: 1_Service Provider Agmt FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for January- Chamber of Commerce Service Provider Agreement FY January 2023 thru June 2023 Page 8 Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of o ne or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 35. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 36. ATTORNEY’S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 37. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.
“City” “Chamber”
CITY of CATHEDRAL CITY, a California Greater Coachella Valley Chamber of Commerce , municipal corporation a California non-profit corporation
By: _______________________________ By: ______________________________ Charles P. McClendon, City Manager
President/Chief Executive Officer
ATTEST:
By: _______________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
By: ________________________________
Eric S. Vail
City Attorney
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Attachment: 1_Service Provider Agmt FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for January- Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
January 2023 thru June 2023
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Objective: Improve the financial health and resilience of Cathedral City businesses by (i) improving access to resources and best practices, (ii) improving the connections between and among Cathedral City businesses and the broader Coachella Valley business community, and (iii) improving Cathedral City businesses’ visibility and ability to attract new and repeat customers.
Cathedral City businesses will benefit from the Greater Coachella Valley Chamber of Commerce’s (GCVCC or Chamber) collaboration with the City of Cathedral City’s Economic Development Department (EDD or City). The Chamber will gather information and share data with the City to aid in preserving, fostering, and growing the City’s business community. In short, the Chamber will support EDD’s business retention and expansion efforts.
1) Business Support and Engagement Services
Administration cost: $30,000
Objective: The Chamber will host and produce resources to support entrepreneurial interests; professional, business, and workforce development; and industry. These services may include collaborating with other agencies to serve the best interests of Cathedral City businesses.
a) Treat all Cathedral City businesses equally regardless of GCVCC membership status. b) The Chamber contact new Cathedral City businesses following the City’s Finance Department providing to the Chamber a monthly list of new business licenses.
Businesses will be offered at least two complimentary admissions to GCVCC networking or education events.
c) The Chamber will respond to all business requests and/or referrals within 48 business hours.
d) As needed, the Chamber may serve as a liaison between the City and other business support service providers (e.g., the Small Business Development Corporation, SCORE, the Coachella Valley Economic Partnership etc.) e) The GCVCC will host a regular GCV Educates series (in-person or virtual) GCV Educates provides valuable information to businesses on how to improve their business and/or professional development. Beyond GCV Educates, the Chamber will support and provide resources to Cathedral City businesses as requested.
f) In concert with the EDD, the Chamber will conduct periodic surveys and outreach to the local business community. Survey results will be shared with EDD. g) Notify the City’s EDD promptly of inquiries of economic interest to the City and
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Attachment: 2_Exhibit A Scope of Services FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
January 2023 thru June 2023
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inquiries necessitating a response by the City.
h) Refer inquiries to businesses outside the City only if no equivalent service exists within the City.
2) City Marketing
Administration cost: $12,000
The Greater Coachella Valley Chamber of Commerce will proactively market city assets, events, and businesses. The goal of these marketing efforts is to (i) increase economic activity within the City, (ii) improve the positive public perception of Cathedral City, (iii) raise property values, (iv) add to the City’s tax base.
The Chamber will seek to connect Cathedral City-based businesses with businesses and/or customers outside of City limits.
For all City or Chamber-related events within Cathedral City, the chamber will use its social media, e-newsletters, and webpages to cross-promote events. The City’s PIO may submit news on a weekly basis for inclusion in the Chamber e-newsletter.
3) Shop Local First
Administration cost: $10,000
The Chamber will diligently administer the “Shop Local First” program (SLF) within the City. The Chamber will update and maintain the City’s Shop Local First webpage:
www.cccshoplocal.com. Administration of the SLF program will include:
a) Promotion of the SLF website,
b) Promote SLF program via other social media platforms, c) Distribution of printed materials (as provided by the City), d) Promote giveaways or local discounts as provided by local businesses. e) Create additional content to be used on social media postings
4. Event Services
Total cost for event services: $21,436
The Chamber and City will collaborate on the production of business and community- oriented events within the City. The City commits to sponsoring a variety of GCVCC special events through the year.
The Chamber will assume liability for all GCVCC-controlled events and services listed
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Attachment: 2_Exhibit A Scope of Services FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
January 2023 thru June 2023
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herein and name the City as an additional insured. In instances where events have multiple controlling agencies, liability for events should be shared appropriately. The Chamber will not carry financial liability for events or services they do not control nor have primary coordinating responsibility. If a service or event is not fulfilled, the City may re-appropriate the funds towards another service.
a) Annual State of the City
Event sponsorship: $19,500
The Greater Coachella Valley Chamber of Commerce has historically produced an Annual State of the City event with sponsorship from the City. As the format, costs, festivity, and production of special events continues to evolve, the Chamber aims to offer the City a basic event package with upgrade opportunities to enhance the event’s design.
The City’s custom sponsorship of the Annual State of the City event includes registration for three tables of eight guests at the event. Additional seats or tables will be made available to the City at the cost charged to the Chamber by the host facility.
The City is responsible for meeting the following milestones. Failure to meet these milestone deadlines may affect sales, marketing, and overall event outcomes. The City shall generate calendar dates for milestone meetings with the Chamber 6- months, 3-months, 2-months, and 1-month from the event to help ensure milestones are met.
Milestones Objectives
4-6 months prior to event
Identifying the Event Design Scheme or Theme (e.g.
- colors, themes)
4-6 months prior to event
Determining the format of the event (e.g. -
moderated panel, keynote speaker, etc. )
4-6 months prior to event Determining a loose framework for the events actual timeline
3 months prior to event Selecting a venue from what the Chamber has proposed
13-14 weeks prior to
event
Proof Period for Marketing Materials and Graphic
Design Elements
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Attachment: 2_Exhibit A Scope of Services FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
January 2023 thru June 2023
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The City’s State of the City event package includes:
i. Event planning, coordination, & day of event production ii. Vendor coordination & management
iii. Graphic design & invitation design (does not include printed invitations) iv. Standard marketing efforts through the Chamber network v. Invitation & registration management
vi. Breakfast or luncheon event
vii. Business awards
viii. Basic stage design (podium, microphone, flag display, & foliage)
The base package does not include printed invitations nor programs. Standard Chamber marketing efforts include e-blasts, calendar invitations, web listings, and social media sharing. The City is responsible for co-marketing the event through its database of businesses licensed in the City and its greater business network. The City’s promotion of the event shall include reference of GCVCC as the primary event host. The base package accounts for a morning or midday event featuring a breakfast or lunch component. It does not include dinner events or upgraded menus above market price banquet menus.
Stage design is limited to a podium, microphone, flag display, and foliage. The City may further customize the base package at additional expense to the City. Upgrades, additions, or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued. Such upgrades, additions and/or enhancements may include (but are not limited to): AV enhancements, outdoor event packages, upgraded dining menus, or advertising enhancements.
b) GCVCC Special Event Sponsorships
The City commits to sponsoring at least three (3) GCVCC special events (outlined below). In return, the Chamber will offer a 30% discount off listed sponsorship rates for all event sponsorships. The City will inform the Chamber which other city’s State of the City address the City would like to sponsor as well as any additional events, beyond the below listed three events, the City would like to sponsor. The 30% discount will apply assuming the City remains committed to sponsoring three total events. The Chamber will provide the City with necessary PR and marketing materials for all sponsored events.
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Attachment: 2_Exhibit A Scope of Services FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
January 2023 thru June 2023
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i. The Annual All Valley Mayor’s Event
Event sponsorship: $623
The City agrees to purchase a table at the Annual All Valley Mayor’s Event.
ii. Other City State of the City Events
Event sponsorship: $690
The City commits to a minimum of two registrations to the following Special Events: City of Coachella State of the City, City of Desert Hot Springs State of the City, City of Indio State of the City, City of La Quinta State of the City. The Chamber, in turn, offers a special rate for the City’s pre-registration. Additional seats may be purchased at list rates.
iii. The Annual Business Awards & Installation Event
Event sponsorship: $623
The City agrees to purchase a table at the Annual Business Awards and Installation Event.
5. Volunteerism:
Administration cost: No charge
The Greater Coachella Valley Chamber of Commerce will commit to hosting a promotional chamber booth at the following Special Events in Cathedral City: The Cathedral City Hot Air Balloon Festival, LGBTQ Days, and the Taste of Jalisco in 2024.
Additionally, the Chamber will staff its booth with volunteers for the duration of the event.
6. Cost Summary by Section:
1) Economic Development & Business Support Services $30,000 2) City Marketing $12,000
3) Shop Local First Website and General Program $10,000 4) Special Events (State of City, Other Events, & Volunteering) $21,436 Total Annual Contract $73,436
January to June 2023 [50% of Sections 1, 2, and 3 plus State of the City ($19,500)]
$45,500
2023/2024 Fiscal Year Contract (Full year of Chamber services plus cost of 2024 State of City)
$73,436
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Attachment: 2_Exhibit A Scope of Services FY January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for 1 EXHIBIT “B”
Greater Coachella Valley Chamber of Commerce -
Payment Program for City of Cathedral City
January 2023 thru June 2023
Section 1: Invoices
The Service Provider shall submit quarterly invoices to the City’s Accounting Manager with a copy to the City’s Economic Development Director at the end of each quarter. For the purposes of this Agreement, quarters end on:
Payment 1: March 31, 2023 Payment 2: June 30, 2023
Invoices along with required documentation shall be submitted within thirty (30) days of the end of each quarter.
Section 2: Required documentation
In one standard PDF file printable on 8.5” x 11”, each quarterly invoice shall include a copy of:
a) Quarterly report based on Exhibit “A” summarizing activities; b) Exhibit “B” Payment Program from the current Service Provider Agreement; c) Statement of Assets, Liabilities, and Owner’s Equity for the same quarter as the submitted invoice; and d) Statement of Activities Budget Performance for the same quarter as the submitted invoice.
Section 3: Payment
The City shall pay the Service Provider within thirty (30) days of receipt of an invoice, except as otherwise provided for herein. The contract will be paid in equal quarterly installments. The City reserves the right to adjust the final payment (Payment 2) for any services required in Exhibit “A” but not completed.
Section 4: Contested Invoices
Payment to the Service Provider shall not be made within the thirty (30) days of receipt of any invoice that is contested or questioned and returned by the City with a written explanation within the thirty (30) days of receipt of invoice.
A. The Service Provider shall provide the City with a written response to any invoice contested or questioned, and upon request of the City, the Service Provider shall provide the City with any and all documents related to any invoice.
Section 5: Early Termination or Suspension
A. In the event of early termination or suspension, the City shall compensate the Service Provider for all services rendered pursuant to the Agreement up to the time of the effective date of the early termination or suspension.
B. Compensation for services rendered in connection with a task that has not been completed at the time of the effective date of the early termination or suspension shall be provided to the Service Provider on a prorated basis to reflect the percentage of the specific task that has been completed at the aforementioned time.
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Attachment: 3_Exhibit B Payment Instructions January 2023 thru June 2023 (3563 : GCVCC Chamber of Commerce Service Agreement for Chamber of Commerce Service Provider Agreement FY 2023/2024 Page 1
SERVICE PROVIDER AGREEMENT BY AND BETWEEN THE
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE AND THE CITY OF CATHEDRAL CITY FY 2023/2024
THIS SERVICE PROVIDER AGREEMENT, is made and entered into this day of , 2023, by and between the Greater Coachella Valley Chamber of Commerce, a California 501(c)(6) non -profit corporation (hereinafter referred to as the “Service Provider”), and the City of Cathedral City, a California municipal corporation (hereinafter referred to as the “City”).
RECITALS:
WHEREAS, the Service Provider proposes to provide business retention and expansion , cooperative marketing programs, and general support for the City, as well as traditional functions of the Chamber; and
WHEREAS, the City can benefit from the services offered by the Service Provider , on an independent contractor’s basis, as outlined in the Scope of Services, attached hereto as Exhibit “A”; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS AND PROMISES
CONTAINED HEREIN, AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
Section 1. RECITALS AND TERM OF AGREEMENT
The recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference as though set forth herein. This Agreement shall be for a term of twelve (12) months, commencing on July 1, 2023.
Section 2. SCOPE OF SERVICES
The Service Provider shall provide to the City those services as set forth in the “Scope of Services”, attached hereto as Exhibit “A” and incorporated herein by this reference , as though set forth at length.
The Service Provider shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor. Service Provider acknowledges that Scope of Services is intended to increase its membership and maximize benefits to the City in exchange for the funds received from the City.
Section 3. COMPENSATION AND PAYMENT SCHEDULE
The City shall compensate the Service Provider for the services rendered by the Service Provider pursuant to Exhibit “A” and “B” attached to this Agreement. Payment shall be provided upon satisfactory submission by the Service Provider of the Quarterly Scope of Service Activity Report and Quarterly Budget Report as required by Section 18 of this Agreement.
Section 4. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF THE SERVICE PROVIDER A. The Service Provider represents and acknowledges the following:
(1) The City is not required to provide any training or counsel to the Service Provider or its employees in order for the Service Provider to perform the services described in this Agreement.
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Attachment: 1_Service Provider Agmt FY 2023 - 2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Chamber of Commerce Service Provider Agreement FY 2023/2024 Page 2 (2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. Further, the services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (3) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with the Service Provider on a continuing basis after termination of this Agreement.
(4) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by the Service Provider to perform the services described in this Agreement.
(5) The Service Provider shall not at any time or in a ny manner represent that it or any of its officers, employees, or agents are “employees” of the City. (6) The Service Provider warrants that it is fully qualified to perform the Scope of Services and is willing to perform such services, per this service provider agreement, in a first -class manner, consistent with the highest professional standards. For purposes of this agreement, the highest professional standards shall mean standards of practice recognized as high quality among well -qualified and experienced professionals performing similar work under similar circumstances. The Service Provider so warrants based on its ample experience performing work akin to the Scope of Services, and, in light of the Service Provider’s professional status and experience.
B. The City represents and acknowledges the following:
(1) The Service Provider is not required to comply with daily instructions from City staff with respect to when, where or how the Service Provider performs the services set forth in this Agreement. The Ser vice Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement. (2) The City will not hire, supervise or pay any assistants working for the Service Provider pursuant to this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that the Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) Unless deemed necessary under certain circumstances, the Service Provider is not required to perform the services set forth in this Agreement at the Cathedral City Civic Center or on City-owned property.
(5) Other than attendance at required public meetings and public hearings, and complying with procedural requirements set forth by law, the Service Provider is not required to perform the services set forth in the Agreement in any particular order or sequence. (6) Nothing in this Agreement shall be interpreted to preclude the Service Provider from working for other persons or firms, provided such work does not create a conflict of interest.
Section 5. NOT AGENT OF THE CITY
A. Nothing contained in this Agreement shall be deemed, construed or represented by the City or the Service Provider or by any third person to create the relationship of principal and agent.
B. The Service Provider shall have no authority, expressed or implied, to act on behalf of the City in any capacity whatsoever as an agent nor shall the Service Provider have any authority, expressed or implied, to bind the City to any obligation whatsoever.
Section 6. QUALIFICATIONS AND WARRANTY
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Attachment: 1_Service Provider Agmt FY 2023 - 2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Chamber of Commerce Service Provider Agreement FY 2023/2024 Page 3 The Service Provider represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement. The Service Provider warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
Section 7. FAMILIARITY WITH WORK
A. By executing this Agreement, the Service Provider 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 care fully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending to the performance of work under this agreement.
B. Should the Service Provider discover any latent or unknown conditions m aterially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed, except at the Service Provider’s risk, until written instructions are received from the appropriate City representative.
Section 8. CONFLICTS OF INTEREST
The Service Provider covenants that neither its staff nor any officer has any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of the Service Provider’s services under this Agreement.
Section 9. COMPLIANCE WITH LAWS
The Service Provider shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.
Section 10. NONDISCRIMINATION
The Service Provider will comply with the City’s employment -related nondiscrimination policies as set forth in Chapter 11.88 of the Cathedral City Municipal Code, as it may be amended from time to time.
Section 11. WORKERS’ COMPENSATION INSURANCE
A. The Service Provider shall procure and maintain at its own expense, during the term of this Agreement, workers’ compensation insurance providing coverage as required by the California State Workers’ Compensation Law.
B. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers’ Compensation Law, the Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the legal counsel of the City.
Section 12. ADDITIONAL NAMED INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsem ent whereby it is provided that the City and its officers, employees, servants, volunteers, agents and independent contractors, including without limitation, the City Manager, City Council, Economic Development Director, Planning Department Director, Engineering Department Director Administrative Services Director, Police Chief, Fire Chief, Communication and Events Manager , City Engineer, and City Legal Counsel are named as additional insureds.
Section 13. WAVIER OF SUBROGATION RIGHTS
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Attachment: 1_Service Provider Agmt FY 2023 - 2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Chamber of Commerce Service Provider Agreement FY 2023/2024 Page 4 The Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors and subcontractors.
Section 14. COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE,
AND PROOF OF INSURANCE COVERAGE
The Service Provider shall procure and maintain at its own expense, during the term of this Agreement, comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage.
A. The Service Provider shall secure from a good and responsible company or companies authorized to perform insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City certificates of insurance on or before the commencement of the term of this Agreement.
B. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less tha n thirty (30) days before the cancellation or amendment is effective.
C. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
D. The ce rtificates of insurance shall indicate that the respective insurance policy will be maintained throughout the term of this Agreement.
E. Within thirty (30) days of the execution of this Agreement, the Service Provider shall furnish certified copies of all required insurance policies and endorsements.
Section 15. TERMINATION OR SUSPENSION
A. This Agreement may be terminated or suspended without cause by the City at any time provided that the City provides the Service Provider at least ten (10) business days written notice of such termination or suspension.
B. This Agreement may be terminated or suspended with cause by the City at any time provided the City provides at least (3) business days written notice of such termination or suspension.
C. This Agreement may be terminated by the Service Provider with cause at any time provided the Service Provider provides the City at least ten (10) business days written notice of such termination.
Section 16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 17. INDEMNIFICATION
A. The Service Provider shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from against those actions, suits, proceedings, claims, demands, losses, costs and expenses, including reasonable legal costs and attorneys’ fees, for any personal injuries, deaths, property damage (including property owned by the City) and for acts committed by the Service Provider, its officers, employees, independent contractors and agents, which may arise out of the Service Provider’s negligen ce in performing the services described in this Agreement unless such losses or damages are proven to be caused by the City’s own negligence or that of its officers or employees.
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Attachment: 1_Service Provider Agmt FY 2023 - 2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Chamber of Commerce Service Provider Agreement FY 2023/2024 Page 5 B. The Service Provider shall defend, indemnify and hol d harmless the City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs and expenses, including reasonable legal costs and attorney’s fees that may arise out of Service Provider’s actions in the discipline, suspension and/or termination against or involving any of Service Provider’s employees, independent contracts, officers and agents.
C. The City does not, and shall not , waive any rights that it may have against the Service Provider under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein.
Section 18. REPORTS AND MEETINGS
The Service Provider shall prepare and submit to the City’s Economic Development Director on a quarterly basis : (1) a detailed Scope of Service Activity Report concerning the Service Provider’s performance of the services required by this Agreement ; (2) a Budget Report for the four categories of services identified in Exhibit “A”, Scope of Services; and (3) a Membership Report showing an increase or decrease in Chamber membership and specifying which are Cathedral City -based businesses. A City/Chamber Committee comprised of the City Manager, Economic Development and Chamber Executive Board representatives shall also meet at these same quarterly intervals to discuss the submitted reports.
Section 19. BUSINESS DISTRICT APPONTMENTS TO SERVICE PROVIDER BOARD
The Board of Directors for the Cathedral City Business District shall appoint three members to the Service Provider’s Board of Directors who are representative of the Cathedral City business commun ity.
These appointments are for staggered one-, two-, and three-year terms.
Section 20. RECORDS
The Service Provider shall keep such books and records as necessary to perform the services required by this Agreement and enable the Executive Officer to evaluate the cost and performance of such services. Books and records pertaining to costs shall be k ept and prepared in accordance with generally accepted accounting principles. The City Manager or designee shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
Section 21. OWNERSHIP OF DOCUMENTS
A. Upon completion of any document or report required to be provided by the Service Provider in the course of performing any of the services described in this Agreement, or upon earlier termination of this Agreement, all completed original documents and/or reports and any designs, drawings, calculations, diskettes, computer files, notes, and other related materials prepared or produced in connection with such documents or reports shall be considered the joint property of both the City and the Service Provider and may be used and/or reused on any other project by the City or Service Provider without the permission of either the City or Service Provider.
B. All computer files produced in connection with the services described in this Agreement shall be provided to the City in a form and format that is compatible with the City’s existing computer equipment and software.
Section 22. CONFIDENTIALITY
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Attachment: 1_Service Provider Agmt FY 2023 - 2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Chamber of Commerce Service Provider Agreement FY 2023/2024 Page 6 The Service Provider and the City shall work together in identifying certain drafts/documents/reports prepared by the Service Provider for the City, which shall be kept strictly confidential until such time the City authorizes the release of said information. The Service Provider shall not disclose to any other entity or person any information regar ding the activities of the City except as required by law or as authorized by the City. All financial reports provided by the Service Provider to the City shall be deemed confidential and shall not be released publicly without prior written approval of the Service Provider or as required by law.
Section 23. PRINCIPAL REPRESENTATIVES
A. The Executive Officer or Chairman of the Board are designated as the principal representatives of the Se rvice Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. The Economic Development Director shall be the principal representative of the City for purposes of communicating with the Service Provider on any matter associated with the performance of the services set forth in this Agreement.
B. Either party may designate another individual as its principal representative by giving notice of such designation to the other party.
C. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals shall be responsible during the term of this Agreement for directing all activities of the Service Provider and devoting sufficient time to personally supervise the services hereunder.
Section 24. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 25. ENTIRE AGREEMENT
A. This Agreement supersedes any and all other agreements, either oral or written, between the City and the Service Provider with respect to the subject matter of this Agreement.
B. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by , or on behalf of , any party except those covenants and agreements embodied in this Agreement.
C. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Section 26. NOTICES
A. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the U nited States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Economic Development Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Service Provider: President/Chief Executive Officer
Greater Coachella Valley Chamber of Commerce
82-921 Indio Boulevard
Indio, CA 92201
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Attachment: 1_Service Provider Agmt FY 2023 - 2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Chamber of Commerce Service Provider Agreement FY 2023/2024 Page 7 B. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 27. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to the Service Provider, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Service Provider or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 28. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 29. WAIVER
A. No waiver shall be binding, unless executed in writing by the party making the waiver.
B. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
C. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 30 ASSIGNMENT
The experience, knowledge, capability and reputation of th e Service Provider, its principals and employees were a substantial inducement for the City to enter into this Agreement. This Agreement shall not be assigned by either party without prior written consent of the other party.
Section 31. CARE OF WORK
The Service Provider shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by the Service Provider and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages to persons or property until acceptance of the work by the City, except such losses or damages as may be caused by the City’s own negligence.
The performance of services by the Service Provider shall not relieve the Service Provider from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City when such inaccuracies are due to the negligence of the Service Provider.
Section 32. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of the Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 33. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 34. RIGHTS AND REMEDIES
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Attachment: 1_Service Provider Agmt FY 2023 - 2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Chamber of Commerce Service Provider Agreement FY 2023/2024 Page 8 Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of o ne or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 35. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 36. ATTORNEY’S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 37. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.
“City” “Chamber”
CITY of CATHEDRAL CITY, a California Greater Coachella Valley Chamber of Commerce , municipal corporation a California non-profit corporation
By: _______________________________ By: ______________________________ Charles P. McClendon, City Manager
President/Chief Executive Officer
ATTEST:
By: _______________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
By: ________________________________
Eric S. Vail
City Attorney
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Attachment: 1_Service Provider Agmt FY 2023 - 2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
Fiscal Year 2023/2024
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Objective: Improve the financial health and resilience of Cathedral City businesses by (i) improving access to resources and best practices, (ii) improving the connections between and among Cathedral City businesses and the broader Coachella Valley business community, and (iii) improving Cathedral City businesses’ visibility and ability to attract new and repeat customers.
Cathedral City businesses will benefit from the Greater Coachella Valley Chamber of Commerce’s (GCVCC or Chamber) collaboration with the City of Cathedral City’s Economic Development Department (EDD or City). The Chamber will gather information and share data with the City to aid in preserving, fostering, and growing the City’s business community. In short, the Chamber will support EDD’s business retention and expansion efforts.
1) Business Support and Engagement Services
Administration cost: $30,000
Objective: The Chamber will host and produce resources to support entrepreneurial interests; professional, business, and workforce development; and industry. These services may include collaborating with other agencies to serve the best interests of Cathedral City businesses.
a) Treat all Cathedral City businesses equally regardless of GCVCC membership status. b) The Chamber contact new Cathedral City businesses following the City’s Finance Department providing to the Chamber a monthly list of new business licenses.
Businesses will be offered at least two complimentary admissions to GCVCC networking or education events.
c) The Chamber will respond to all business requests and/or referrals within 48 business hours.
d) As needed, the Chamber may serve as a liaison between the City and other business support service providers (e.g., the Small Business Development Corporation, SCORE, the Coachella Valley Economic Partnership etc.) e) The GCVCC will host a regular GCV Educates series (in-person or virtual) GCV Educates provides valuable information to businesses on how to improve their business and/or professional development. Beyond GCV Educates, the Chamber will support and provide resources to Cathedral City businesses as requested.
f) In concert with the EDD, the Chamber will conduct periodic surveys and outreach to the local business community. Survey results will be shared with EDD. g) Notify the City’s EDD promptly of inquiries of economic interest to the City and
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Attachment: 2_Exhibit A Scope of Services FY 2023-2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
Fiscal Year 2023/2024
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inquiries necessitating a response by the City.
h) Refer inquiries to businesses outside the City only if no equivalent service exists within the City.
2) City Marketing
Administration cost: $12,000
The Greater Coachella Valley Chamber of Commerce will proactively market city assets, events, and businesses. The goal of these marketing efforts is to (i) increase economic activity within the City, (ii) improve the positive public perception of Cathedral City, (iii) raise property values, (iv) add to the City’s tax base.
The Chamber will seek to connect Cathedral City-based businesses with businesses and/or customers outside of City limits.
For all City or Chamber-related events within Cathedral City, the chamber will use its social media, e-newsletters, and webpages to cross-promote events. The City’s PIO may submit news on a weekly basis for inclusion in the Chamber e-newsletter.
3) Shop Local First
Administration cost: $10,000
The Chamber will diligently administer the “Shop Local First” program (SLF) within the City. The Chamber will update and maintain the City’s Shop Local First webpage:
www.cccshoplocal.com. Administration of the SLF program will include:
a) Promotion of the SLF website,
b) Promote SLF program via other social media platforms, c) Distribution of printed materials (as provided by the City), d) Promote giveaways or local discounts as provided by local businesses. e) Create additional content to be used on social media postings
4. Event Services
Total cost for event services: $21,436
The Chamber and City will collaborate on the production of business and community- oriented events within the City. The City commits to sponsoring a variety of GCVCC special events through the year.
The Chamber will assume liability for all GCVCC-controlled events and services listed
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Attachment: 2_Exhibit A Scope of Services FY 2023-2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
Fiscal Year 2023/2024
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herein and name the City as an additional insured. In instances where events have multiple controlling agencies, liability for events should be shared appropriately. The Chamber will not carry financial liability for events or services they do not control nor have primary coordinating responsibility. If a service or event is not fulfilled, the City may re-appropriate the funds towards another service.
a) Annual State of the City
Event sponsorship: $19,500
The Greater Coachella Valley Chamber of Commerce has historically produced an Annual State of the City event with sponsorship from the City. As the format, costs, festivity, and production of special events continues to evolve, the Chamber aims to offer the City a basic event package with upgrade opportunities to enhance the event’s design.
The City’s custom sponsorship of the Annual State of the City event includes registration for three tables of eight guests at the event. Additional seats or tables will be made available to the City at the cost charged to the Chamber by the host facility.
The City is responsible for meeting the following milestones. Failure to meet these milestone deadlines may affect sales, marketing, and overall event outcomes. The City shall generate calendar dates for milestone meetings with the Chamber 6- months, 3-months, 2-months, and 1-month from the event to help ensure milestones are met.
Milestones Objectives
4-6 months prior to event
Identifying the Event Design Scheme or Theme (e.g.
- colors, themes)
4-6 months prior to event
Determining the format of the event (e.g. -
moderated panel, keynote speaker, etc. )
4-6 months prior to event Determining a loose framework for the events actual timeline
3 months prior to event Selecting a venue from what the Chamber has proposed
13-14 weeks prior to
event
Proof Period for Marketing Materials and Graphic
Design Elements
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Attachment: 2_Exhibit A Scope of Services FY 2023-2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
Fiscal Year 2023/2024
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The City’s State of the City event package includes:
i. Event planning, coordination, & day of event production ii. Vendor coordination & management
iii. Graphic design & invitation design (does not include printed invitations) iv. Standard marketing efforts through the Chamber network v. Invitation & registration management
vi. Breakfast or luncheon event
vii. Business awards
viii. Basic stage design (podium, microphone, flag display, & foliage)
The base package does not include printed invitations nor programs. Standard Chamber marketing efforts include e-blasts, calendar invitations, web listings, and social media sharing. The City is responsible for co-marketing the event through its database of businesses licensed in the City and its greater business network. The City’s promotion of the event shall include reference of GCVCC as the primary event host. The base package accounts for a morning or midday event featuring a breakfast or lunch component. It does not include dinner events or upgraded menus above market price banquet menus.
Stage design is limited to a podium, microphone, flag display, and foliage. The City may further customize the base package at additional expense to the City. Upgrades, additions, or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued. Such upgrades, additions and/or enhancements may include (but are not limited to): AV enhancements, outdoor event packages, upgraded dining menus, or advertising enhancements.
b) GCVCC Special Event Sponsorships
The City commits to sponsoring at least three (3) GCVCC special events (outlined below). In return, the Chamber will offer a 30% discount off listed sponsorship rates for all event sponsorships. The City will inform the Chamber which other city’s State of the City address the City would like to sponsor as well as any additional events, beyond the below listed three events, the City would like to sponsor. The 30% discount will apply assuming the City remains committed to sponsoring three total events. The Chamber will provide the City with necessary PR and marketing materials for all sponsored events.
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Attachment: 2_Exhibit A Scope of Services FY 2023-2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and Exhibit “A”
Greater Coachella Valley Chamber of Commerce
Business Engagement and Economic
Development Support Initiatives
Fiscal Year 2023/2024
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i. The Annual All Valley Mayor’s Event
Event sponsorship: $623
The City agrees to purchase a table at the Annual All Valley Mayor’s Event.
ii. Other City State of the City Events
Event sponsorship: $690
The City commits to a minimum of two registrations to the following Special Events: City of Coachella State of the City, City of Desert Hot Springs State of the City, City of Indio State of the City, City of La Quinta State of the City. The Chamber, in turn, offers a special rate for the City’s pre-registration. Additional seats may be purchased at list rates.
iii. The Annual Business Awards & Installation Event
Event sponsorship: $623
The City agrees to purchase a table at the Annual Business Awards and Installation Event.
5. Volunteerism:
Administration cost: No charge
The Greater Coachella Valley Chamber of Commerce will commit to hosting a promotional chamber booth at the following Special Events in Cathedral City: The Cathedral City Hot Air Balloon Festival, LGBTQ Days, and the Taste of Jalisco in 2024.
Additionally, the Chamber will staff its booth with volunteers for the duration of the event.
6. Cost Summary by Section:
1) Economic Development & Business Support Services $30,000 2) City Marketing $12,000
3) Shop Local First Website and General Program $10,000 4) Special Events (State of City, Other Events, & Volunteering) $21,436
2023/2024 Fiscal Year Contract (Full year of Chamber services plus cost of 2024 State of City)
$73,436
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Attachment: 2_Exhibit A Scope of Services FY 2023-2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023 and 1 EXHIBIT “B”
Greater Coachella Valley Chamber of Commerce -
Payment Program for City of Cathedral City
Fiscal Year 2023/2024
Section 1: Invoices
The Service Provider shall submit quarterly invoices to the City’s Accounting Manager with a copy to the City’s Economic Development Director at the end of each quarter. For the purposes of this Agreement, quarters end on:
Quarter 1 - September 30, 2023 Quarter 3 - March 31, 2024 Quarter 2 - December 31, 2023 Quarter 4 - June 30, 2024
Invoices along with required documentation shall be submitted within thirty (30) days of the end of each quarter.
Section 2: Required documentation
In one standard PDF file printable on 8.5” x 11”, each quarterly invoice shall include a copy of:
a) Quarterly report based on Exhibit “A” summarizing Chamber activities; b) Exhibit “B” Payment Program from the current Service Provider Agreement; c) Statement of Assets, Liabilities, and Owner’s Equity for the same quarter as the submitted invoice; and d) Statement of Activities Budget Performance for the same quarter as the submitted invoice.
Section 3: Payment
The City shall pay the Service Provider within thirty (30) days of receipt of an invoice, except as otherwise provided for herein. The annual contract will be paid in equal quarterly installments. The City reserves the right to adjust the fourth and final payment (Quarter 4 payment) for any services required in Exhibit A but not completed.
Section 4: Contested Invoices
Payment to the Service Provider shall not be made within the thirty (30) days of receipt of any invoice that is contested or questioned and returned by the City with a written explanation within the thirty (30) days of receipt of invoice.
A. The Service Provider shall provide the City with a written response to any invoice contested or questioned, and upon request of the City, the Service Provider shall provide the City with any and all documents related to any invoice.
Section 5: Early Termination or Suspension
A. In the event of early termination or suspension, the City shall compensate the Service Provider for all services rendered pursuant to the Agreement up to the time of the effective date of the early termination or suspension.
B. Compensation for services rendered in connection with a task that has not been completed at the time of the effective date of the early termination or suspension shall be provided to the Service Provider on a prorated basis to reflect the percentage of the specific task that has been completed at the aforementioned time.
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Attachment: 3_Exhibit B Payment Instructions FY2023-2024 (3563 : GCVCC Chamber of Commerce Service Agreement for January-June 2023
Cathedral City Page 1 of 1 Printed on 2/7/2023
Staff Report
City Council
Item No. 6.F
Meeting Date: January 11, 2023
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to COVID-19
City Council
RECOMMENDATION:
Update on Status of Emergency Proclamation. Possibl e action to continue or rescind Resolution 2020-06.
Update on Emergency Actions taken by City, County, State of Federal Agencies.
Possible consideration of additional measures to be taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
6.F
Packet Pg. 488