Cathedral City City Council
May 24, 2023

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, May 24, 2023
5:30 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

MAYOR
Rita Lamb

CITY COUNCIL MEMBERS

Mayor Pro Tem
Mark Carnevale

Councilmember
Nancy Ross

Councilmember
Raymond Gregory

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

1. SPECIAL PRESENTATIONS
A. Certificate of Recognition - Matiana Rosales
B. Certificate of Recognition - Antonio Baciu

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

3. COUNCIL REPORTS
This is an opportunity for each member of the City Council to repo rt on any conferences they attend, local events or make any other comments they may have.

4. CONSENT AGENDA
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time with out discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.

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

1. City Council - Study Session - May 10, 2023 3:00 PM

2. City Council - Regular Meeting - May 10, 2023 5:30 PM C. Receive and File Payment of Claims and Demands for April 2023 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency, the Cathedral City Public Finance Authority Board, and the Cathedral City Downtown Foundation Board receive and file payment of claims and demands in the aggregate sum of $7,764,576.27 for the
month of April 2023.

D. Fiscal Year 2023/2024 Appropriations Limit, Gann Initiative Limitation Recommendation: To approve the City’s appropriations limit for the fiscal year (FY) 2023/2024, Gann Initiative Limitation.

E. Establish the Annual Special Tax for Fiscal Year (FY) 2023/2024 (Rio Vista Village)
Recommendation: To adopt a Resolution of the Cathedral City Community Facilities District (CFD) No. 2000-1 (Rio Vista Village) establishing the annual special tax for FY 2023/2024
F. Ramon Bridge and Street Widening Project: Approval of Joint Use Agreement with Southern California Edison and Underground funding.

Recommendation: To approve the Joint Use Agreement (JUA) with Southern California Edison Company, for the relocation of Southern California Edison (SCE) facilities east of the intersection of Ramon Road and San Luis Rey Drive, and authorize the
City Manager to execute the JUA; and, authorize the funding for the JUA relocation work in the amount of $158,742 which includes a 15% contingency for unforeseen construction
costs with financial responsibilities apportioned to Coachella Valley Association of Governments (CVAG) in the amount of $119,056.50 and the City in the amount of $39,685.50,
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respectively.

5. ITEMS PULLED FROM CONSENT

6. PUBLIC HEARINGS
A. Approve the CDBG FY 2023-2024 Annual Action Plan
Recommendation: To approve the FY 2023-2024 Community Development Block Grant (CDBG) Annual Action Plan for submittal to the U.S. Department of Housing and Urban Development
(HUD); and, authorize the City Manager or designee to
execute the required certifications; and, execute all funding agreements and documents consistent with the FY 2023-
2024 Annual Action Plan.

7. LEGISLATIVE ACTIONS
A. On-Call Engineering Services - City Projects Agreement Approvals Recommendation: To approve two (2) year Agreements with NAI Consulting, Inc., Interwest Consulting Group, Fomotor Engineering and HR Green Pacific, Inc., for On-Call Engineering Support Services for various City Engineering and Public Works
Maintenance Divisions projects; and, authorize the City Manager to execute the Agreement documents.

B. On-Call Engineering Services - State and Federal Projects Agreement Approvals
Recommendation: Approve two (2) year Agreements with NAI Consulting, Inc. and Interwest Consulting Group for On-Call Engineering
Support and Grant Administration Services for State and Federally Funded Transportation Projects; and authorize the City Manager to execute the Agreement documents.

C. Cathedral Cove Center Development: Approval of Improvement Agreement for Parcel Map No. 37876
Recommendation: To conditionally approve the Improvement Agreement for Parcel Map No. 37876 with Cathedral Cove 1.0, LLC, and
authorize its execution on behalf of the City by the Mayor and City Clerk when all required surety bonds are received and deemed acceptable.

D. Approval of the Parks and Community Events Commission (PACE) support of the Free Movies for Kids at the Mary Pickford Theater 2023 Recommendation: To approve $400 from the Parks and Recreation Commission's (PACE) FY 2022-2023 Small Events Budget
to support the Mary Pickford Free Movies for Kids Event for the 2023 Summer Program.

E. Special Use Permit Mayan Festival 2023
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Recommendation: To approve Special Use Permit 2023-002 for the Maya La Feria International De Cultura to be held October 21, 2023 through October 22, 2023 in the Cathedral City Community Amphitheater, Festival Lawn, Civic Center Plaza, Avenida Lalo Guerrero, and Town Square Park.

F. Adopted Fiscal Year (FY) 2023/2024 and FY 2024/2025 Biennial Budget and Resolutions
Recommendation: To adopt the Fiscal Year (FY) 2023/2024 and FY 2024/2025 Biennial Budget

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

9. CLOSED SESSION
A. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.

Property Location: Approximately 1.8 acres, Parcel 3 of Tract No. 28339 Negotiating Parties: Unspecified Parties
Property Owner: City of Cathedral City
Under Negotiations: Price and Terms for potential sale of real property B. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.

Property Location: Approximately 13.5 acres south of East Palm Canyon Drive at Date Palm Drive
Negotiating Parties: City of Cathedral City as the Successor Agency to the former Redevelopment Agency and the City Urban Revitalization Corporation Property Owner: City Urban Revitalization Corporation
Under Negotiations: Price and Terms for potential sale of real property

ADJOURN
NOTES TO THE PUBLIC:

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

If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.

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

CITY COUNCIL

MINUTES

Study Session
Wednesday, May 10, 2023
3:00 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

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

• AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENT

2. CLOSED SESSION
Eric Vail, City Attorney, announced that the City Council will meet in Closed Session to discuss the following item listed on the agenda.

A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees:

Cathedral City Professional Firefighters Association (CCPFA) and Cathedral City Firefighters Management Association (CCFMA)

The City Council recessed into Closed Session at 3:01 p.m.

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The City Council reconvened at 3:50 p.m.

Eric Vail, City Attorney, announced that the City Council met in Closed Session to discuss item 2A. Conference with Labor Negotiator pursuant to Government Code Section 54956.6 with Cathedral City Professional Firefighters Association (CCFMA) and Cathedral City Firefighters Management Association (CCFMA). Direction was given, and there was not reportable action taken.

3. STUDY SESSION
A. Presentation - Coachella Valley Rescue Mission
Recommendation: There is no formal action required for this item. It is a presentation only.

Kimberly McKinney, Development and Grants Manager of Coachella Valley Rescue Mission (CVRM), provided a presentation on the facts and statistics related to CVRM.

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

B. Update from the Cannabis Task Force
Recommendation: This item is presented for information, discussion and direction only.

Charles McClendon, City Manager, provided an update from the Cannabis Task Force which included their discussions on past Council actions, expiration of inactive retail licenses, Fire Code regulations and carbon dioxide storage.

Councilmember Gregory expressed his concern with safety guidelines not being adhered to and feels the issue should be addressed.

After discussion, the City Council expressed support for the recommendations provided by staff and the Cannabis Task Force and directed staff to br ing back an ordinance for consideration.

C. Annual Rate Increase Request for Solid Waste and Recycling Collection for Residential, Commercial and Roll Off Services.

Recommendation: The annual rate increase request for the solid waste and recycling collection for residential, commercial and roll-off services is presented to the City Council for discussion, comments and direction in anticipation of being presented for Public Hearing and City Council approval at the June 28, 2023, City Council Meeting.

Deanna Pressgrove, Environmental Conservation and Public Works Manager, provided an overview of the proposed annual rate increase for solid waste and recycling collection. The presentation included information related to residential customers, commercial custo mers, roll-off services, SB 1383 and outreach education.

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Minutes Acceptance: Minutes of May 10, 2023 3:00 PM (Minutes Approval) Cathedral City P a g e 3 Printed on 5/18/2023
This item was presented for information and direction only, there was no formal action taken by the City Council.

ADJOURN
Mayor Rita Lamb adjourned the Study Session meeting at 5:02 p.m.

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

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Minutes Acceptance: Minutes of May 10, 2023 3:00 PM (Minutes Approval)

CITY COUNCIL

MINUTES

Regular Meeting
Wednesday, May 10, 2023
5:30 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Rita Lamb. • PLEDGE OF ALLEGIANCE
Councilmember Ernesto Gutierrez led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION)
Mayor Pro Tem Mark Carnevale recited a poem in honor of Mother's Day. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Present 5:30 PM
Mark Carnevale Mayor Pro Tem Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM
Ernesto Gutierrez Councilmember Present 5:30 PM

• AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENT

2. COUNCIL REPORTS
Councilmember Ernesto Gutierrez reported on the following:

• His participation at the City Hall at Your Corner, which was held at Panorama Park • His interactions with business owners, developers and residents

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• The gratitude he has received from residents related to the street improvements • The ongoing issue with commercial vehicles causing issues for residents • His meeting with City Manager McClendon and Assistant City Manager Ambrose • The upcoming State of the City Address, which will be held at the DoubleTree • His personal tour of the City to take note of issues
• Comments made by a resident at the last Council meeting, which he felt were offensive
• He wished everyone a Happy Hispanic and American Mother's Day

Councilmember Nancy Ross reported on the following:

• Her participation in the monthly Woman's meeting with Supervisor Karen Spiegal • Her attendance at the Desert Aids Project "dining out for life" • Her lunch at Brunch 101 with friends
• Her attendance at the play "Ramona" in Hemet
• Her meeting with a group called the Golden State Mobile Home Owners • Her "Notes from Nancy" column
• Her upcoming travel plans in the month of July
• Her attendance at the SCAG Annual Conference
• Her meeting with Assembly Member Greg Wallace
• Her interactions with constituents
• Her attendance at the Coachella Valley Mosquito and Vector Control Board of Trustees meeting
• Her meeting with City Manager McClendon and Assistant City Manager Ambrose • Her participation in Jury Duty
• The free swim lessons she is offering through the use of her Community Assistance Funds

Mayor Pro Tem Mark Carnevale reported on the following:

• His attendance at the SCAG Annual Conference
• His participation at the Senior Center's Cinco De Mayo Dinner, where h e provided dinner
• His attendance at the Noon Rotary meeting
• His interaction with a cannabis cultivator who is experiencing issues • The letters he received from concerned residents related to housing • The concerns he received from a Commissioner
• Commended staff for doing a great job cleaning up the homeless encampments • Nicolino's will be providing dinner for the Boys and Girls Club's Youth and Community Awards Dinner
• He will be attending the upcoming Harvey Milk Breakfast • The upcoming State of the City Address
• The upcoming CVEP meeting
• The upcoming CVAG Homeless Committee meeting
• The upcoming Williams Homes Ribbon Cutting Ceremony at Campanile • The upcoming Cathedral City High School Choir Vocal Awards • His meal at Elviras Taqueria
• He wished everyone a Happy Mothers Day

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Minutes Acceptance: Minutes of May 10, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 3 Printed on 5/18/2023

Councilmember Raymond Gregory reported on the following:

• His participation at the City Hall at Your Corner which was held at Panorama Park • His attendance at the grand opening of the Quick Quack Car Wash in Pl aza Rio Vista
• His attendance at the SCAG Annual Conference
• His attendance at the CVAG Public Safety Committee meeting • His attendance at the Riverside County Transportation Commission meeting • The upcoming State of the City Address, which be held at the DoubleTree • He thanked the Engineering Department for the REAS work that has been completed and the new shade covers in the parks

Mayor Rita Lamb reported on the following:

• Her attendance at the Mental Health Awareness Week recognition at the P alm Desert Civic Center
• Her attendance at the SCAG Annual Conference
• Her attendance at the Police Department's Community Safety presentation at the Senior Center
• Her attendance at the Senior Center's open house to raise awareness about their food bank
• Her attendance at the Coachella Valley Mountains Conservancy Board meeting • The upcoming Emergency Preparedness event
• Multiple articles in the Desert Sun newspaper
• The upcoming Cathedral City High School Senior Scholarship Awards • Her participa tion in the swearing in of the new Board of the Filipino American Association of Coachella Valley
• The upcoming "Get wet Cathedral City" program offered at Cathedral City High School

3. CONSENT AGENDA
A motion was made by Councilmember Ross and seconded b y Councilman Gutierrez to approve the following Consent Agenda items:

RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
A. Waive Full Reading of Ordinances on Agenda
M.O. 2023-66
B. Minutes Approval
M.O. 2023-67

1. City Council - Study Session - Apr 26, 2023 3:00 PM

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Minutes Acceptance: Minutes of May 10, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 4 Printed on 5/18/2023

2. City Council - Regular Meeting - Apr 26, 2023 5:30 PM C. CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19
Recommendation: To adopt a Resolution of Intention (ROI) to establish Improvement Area No. 19, CFD 2006-01.

Reso 2023-07

4. ITEMS PULLED FROM CONSENT

5. PUBLIC HEARINGS

6. LEGISLATIVE ACTIONS
A. Special Use Permit 2023-004 Coachella Valley Bully Fest Recommendation: To approve Special Use Permit 2023-004 for the Coachella Valley Bully Fest to be held on Saturday, January 13, 2024 in the Cathedral City Community Amphitheater.

Rebeka Oviedu, Palm Desert, expressed her support of this event.

A motion wa s made by Mayor Pro Tem Carnevale and seconded by Councilmember Gutierrez to approve Special Use Permit 2023 -004 for the Coachella Valley Bully Fest to be held on Saturday, January 13, 2024 in the Cathedral City Community Amphitheater and waive the $510 ap plication fee in lieu of a sponsorship of the event.

M.O. 2023-68
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Mayor Pro Tem
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
B. Special Use Permit 2023-005 for 2023 Battle in the Desert Recommendation: To approve Special Use Permit No. 2023-005 for the 2023 Battle in the Desert to be held on Saturday, October 14, 2023 in the Cathedral City Community Amphitheater.

A motion was made by Councilmember Gregor y and seconded by Mayor Lamb to approve Special Use Permit 2023 -005 for the Battle of the Desert to be held on Saturday, October 14, 2023 in the Cathedral City Community Amphitheater and waive the $510 application fee in lieu of a sponsorship of the event.

M.O. 2023-69

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Minutes Acceptance: Minutes of May 10, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 5 Printed on 5/18/2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
C. Award Contract to Jacobsson Engineering Construction Company for the Via De Anza Street Improvements Project - Phase II, CIP No. 8835 Recommendation: To award a contract to Jacobsson Engineering Construction, Inc. in the amount of $545,167 for constructing the CDBG Public Improvements Project: Via De Anza Street
Improvements Project - Phase II (C08835); and, approve a fifteen percent (15%) contingency in the amount of $81,775 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $626,942; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the Project and to issue the Notice to Proceed.

M.O. 2023-70

A motion was made by Councilmember Gregory and seconded by Mayor Lamb to award a contract to Jacobsson Engineering Construction, Inc. in the amount of $545,167 for constructing the CDBG Public Improvements Project: Via De Anza Street Improvements Project - Phase II (C08835); and, approve a fifteen percent (15%) contingency in the amount of $81,775 fo r any unfores eeable construction costs; thereby, bringing the total construction budget for this Project to $626,942; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insuranc e for the Pro ject and to issue the Notice to Proceed.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
D. Annual Renewal of the Lighting and Landscaping District Budget for Fiscal Year 2023/2024
Recommendation: To adopt three Resolutions to renew the annual assessments with Street Lighting and Landscape
Maintenance District No. 1 (Zones 1 through 54, non-
sequential)
Reso 2023-08
Reso 2023-09
Reso 2023-10

A motion was made by Councilmember Gregory and seconded by Councilmember Ross to adopt the following Resolutions:

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• A resolution of the City Council of the City of Cathedral City , California initiating proceedings for the annual levy of assessments for the City o f Cathedral City Street Lighting and Landscaping Maintenance District No. 1 for fiscal year 2023/2024

• A resolution of the City Council of the City of Cathedral City , California declaring its intention to levy and collect assessments for the City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1 for fiscal year 2023/2024

• A resolution of the City Council of the City of Cathedral City , California for preliminary approval of the Engineer’s Report for the City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1 for fiscal year 2023/2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
E. Approve the Public Arts Commission's Recommendation to Accept a Donation of a Val Samuelson Painting
Recommendation: To accept the Public Arts Commission's recommendation and approve the acceptance of a donation of a Val
Samuelson painting and authorize the City Manager to
execute an agreement with the donor to accept the artwork.

M.O. 2023-71

A motion was made by Mayor Pro Tem Carnevale and seconded by Councilmember Gregory to accept the Public Arts Commission's recommendation and approve the acceptance of a d onation of a Val Samuels on painting and authorize the City Manager to execute an agreement with the donor to accept the artwork.

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Mayor Pro Tem
SECONDER: Raymond Gregory, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
F. Accept Public Arts Commission Recommendation to Secure Sculptures at Amphitheater
Recommendation: To authorize staff to place additional rocks surrounding the Downtown kinetic art installation in an amount not to exceed $750.

M.O. 2023-72

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A motion was made by Council member Gutierrez and seconded by Mayor Lamb to authorize staff to place additional rocks surrounding the Downtown kinetic art installation in an amount not to exceed $750.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
G. Fiscal Year (FY) 2023/2024 and FY 2024/2025 Proposed Biennial Budget Recommendation: To approve the FY 2023/2024 and FY 2024/2025 Proposed Biennial Budget
M.O. 2023-73

A motion was made by Councilmember Gregory and seconded by Councilmember Ross to approve the FY 2023/2024 and FY 2024/2025 Proposed Biennial Budget
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez

7. DISCUSSION ON FUTURE AGENDA ITEMS
After discussion, it was the consensus of the City Council to agendize an item to receive a turf replacement program presentation at the June 28, 2023 meeting.

8. CLOSED SESSION

ADJOURN
Mayor Lamb adjourned the Regular Meeting at 7:20 p.m.

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

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Minutes Acceptance: Minutes of May 10, 2023 5:30 PM (Minutes Approval)

Cathedral City Page 1 of 1 Printed on 5/22/2023

Staff Report

City Council

Item No. 4.C

Meeting Date: May 24, 2023
From: Kevin Biersack, Financial Services Director
Title: Receive and File Payment of Claims and Demands for April 2023

City Council

RECOMMENDATION:

The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency, the Cathedral City Public Finance Authority Board, and the Cathedral City Downtown Foundation Board receive and file payment of claims and demands in the aggregate sum of $7,764,576.27 for the month of April 2023.

I HEREBY CERTIFY that in my judgment these demands were legally and owing by the City and/or the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency, the C athedral City Public Finance Authority, and the Cathedral City Downtown Foundation and the funds were available for payment thereof, and in all other respects, the demands conform to the criteria set for the in section 3.16.050 of the Cathedral City Municipal Code.

Kevin Biersack, Financial Services Director

ATTACHMENTS:

Demand Register Report April 2023

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CITY OF CATHEDRAL CITY

PAYROLL

DATE DESCRIPTION TOTAL
4/4/2023 Checks and Direct Deposit
Taxes, PERS, ICMA, Nationwide 190,920.00$
4/11/2023 Checks and Direct Deposit 778,669.45 $
Taxes, PERS, ICMA, Nationwide 497,211.39$
4/25/2023 Checks and Direct Deposit 697,755.35 $
Taxes, PERS, ICMA, Nationwide 448,859.10$
TOTAL PAYROLL 2,613,415.29 $

ACCOUNTS PAYABLE
DATE CHECK NO. TOTAL
4/13/2023 CK 10012153-10012207 / EFT 4702-4778 1,292,816.33$ 4/27/2023 CK 10012208-10012275 / EFT 4557-4636 567,167.94$ WIRE NO.

Various 9006471-9006486 3,291,176.71 $
TOTAL ACCOUNTS PAYABLE 5,151,160.98 $
COMBINED TOTAL FOR MONTH: 7,764,576.27 $
TOTAL ACCOUNTS PAYABLE DEMAND REGISTER REPORT (ATTACHED)$6,288,151.47 TOTAL PAYROLL CHECKS AND DIRECT DEPOSITS 1,476,424.80$
COMBINED TOTAL FOR MONTH: $7,764,576.27
DEMAND LISTINGS FOR THE MONTH OF APRIL 2023

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Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023)

TYPE DATE INVOICE
NUMBER
INVOICE 03/28/2023 2390
CHECK 04/27/2023
INVOICE 04/10/2023 20230410
EFT 04/13/2023
INVOICE 04/18/2023 4580
CHECK 04/27/2023
INVOICE 02/25/2023 230645
EFT 04/13/2023
INVOICE 04/01/2023 230988
EFT 04/27/2023
INVOICE 03/23/2023 246524
INVOICE 03/29/2023 246647
EFT 04/13/2023
INVOICE 04/05/2023 246778
INVOICE 04/11/2023 246826
EFT 04/27/2023
INVOICE 04/10/2023 77479
INVOICE 04/13/2023 77488
INVOICE 04/19/2023 77509
EFT 04/27/2023
INVOICE 04/01/2023 19734860
CHECK 04/27/2023
INVOICE 04/17/2023 10133
CHECK 04/27/2023
INVOICE 03/31/2023 537754
INVOICE 04/07/2023 538517
INVOICE 04/07/2023 538516
INVOICE 04/11/2023 538745
INVOICE 04/11/2023 539106
EFT 04/13/2023
INVOICE 03/10/2023 535620
INVOICE 03/10/2023 535618
INVOICE 04/14/2023 539230
INVOICE 04/21/2023 540088
INVOICE 04/21/2023 540087
EFT 04/27/2023
INVOICE 02/16/2023 96442
CHECK 04/27/2023
INVOICE 04/10/2023 20230410
EFT 04/27/2023
INVOICE 04/17/2023 44175
CHECK 04/27/2023
INVOICE 12/22/2022 20221222
EFT 04/13/2023
INVOICE 04/05/2023 20230405
EFT 04/13/2023
INVOICE 03/27/2023 BPS0315
EFT 04/13/2023
INVOICE 04/10/2023 BPS0316
EFT 04/27/2023
BROCK

PROFESSIONAL

SERVICES
03/14-03/27 AB939 DIVERSION RPT $1,500.00
EFT NUMBER 4709 $1,500.00
03/28-04/10 AB939 DIVERSION RPT $1,500.00
EFT NUMBER 4787 $1,500.00

BOYS & GIRLS CLUB

OF CATH CITY
FY23 COMMUNITY ASST GRANT 1Q $11,250.00
EFT NUMBER 4707 $11,250.00
FY23 COMMUNITY ASST GRANT 2Q $11,250.00
EFT NUMBER 4708 $11,250.00

BIO-TOX

LABORATORIES
MAR 2023 PROF SVCS-DRUG SCREEN

ANALYSIS
$713.00
CHECK NUMBER 10012215 $713.00

BIA - RIVERSIDE

COUNTY CHAPTER
12CE GRANT EASEMENT DATE PALM AND EPC $10,000.00
EFT NUMBER 4786 $10,000.00
EFT NUMBER 4785 $8,801.72
BEST SIGNS, INC. ALUMINUM BLADE SIGNS - CIVIC CTR $641.63 CHECK NUMBER 10012214 $641.63
GAS & DIESEL FUEL $1,856.61
GAS & DIESEL FUEL $757.79
GAS & DIESEL FUEL $3,457.59
GAS & DIESEL FUEL $1,303.62
EFT NUMBER 4706 $24,086.98
GAS & DIESEL FUEL $1,426.11
BECK OIL, INC. GAS & DIESEL FUEL $1,280.37
GAS & DIESEL FUEL $1,461.45
GAS & DIESEL FUEL $2,399.57
GAS & DIESEL FUEL $230.32
GAS & DIESEL FUEL $18,715.27
BAUMANN, RAY CITY VIDEO ENGINEERING_03-01, 07, 08, 14, 15, 22,
$71.25
CHECK NUMBER 10012213 $71.25
AT&T AT&T 9391064490: DHEC DOJ MAR 2023 $300.83
CHECK NUMBER 10012211 $300.83
EFT NUMBER 4780 $989.68

AMERICAN

FORENSIC NURSES
PROF SVCS-BLOOD DRAWS $50.10
PROF SVCS-BLOOD DRAWS $100.20
PROF SVCS-BLOOD DRAWS $200.40
EFT NUMBER 4783 $350.70

ALLSTAR FIRE
EQUIPMENT, INC.

WILDLAND BOOTS - FD $373.19
WILDLAND BOOTS - FD $374.55
EFT NUMBER 4705 $747.74
TRICERTIFIED NAVY PANTS $543.75
BRUSH JACKET - FD $445.93

ALBERT WEBB

ASSOCIATES
LANDAU & MCCALLUM DESIGN 2.23 $21,630.63
EFT NUMBER 4704 $21,630.63
LANDAU & MCCALLUM SIGNAL 3.23 $386.75
EFT NUMBER 4779 $386.75

AIRWAVE

COMMUNICATIONS
ENT.

INSTALL 78 MOTOROLA RADIOS $35,187.19
CHECK NUMBER 10012209 $35,187.19

AGUA CALIENTE

BAND OF
12CE GRANT EASEMENT DATE PALM AND EPC $10,000.00
EFT NUMBER 4703 $10,000.00

PAYMENT
AMOUNT
ROBERT A CULLEN CARPET CLEANING - FS 412 $250.00
CHECK NUMBER 10012208 $250.00
DEMAND REGISTER REPORT April 2023

VENDOR NAME DESCRIPTION INVOICE
AMOUNT

4.C.a
Packet Pg. 17
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 03/29/2023 883509
CHECK 04/13/2023
INVOICE 04/04/2023 884321
CHECK 04/27/2023
INVOICE 03/31/2023 2022-23 3RD
QTR
CHECK 04/13/2023
INVOICE 04/07/2023 33340
WIRE 04/07/2023
INVOICE 04/11/2023 2023-04
WIRE 04/12/2023
INVOICE 04/19/2023 FY 23 UAL
WIRE 04/19/2023
INVOICE 04/21/2023 33545
WIRE 04/21/2023
INVOICE 04/18/2023 000311
INVOICE 04/21/2023 359
EFT 04/27/2023
INVOICE 03/20/2023 HM14707
INVOICE 03/21/2023 HM60878
INVOICE 03/21/2023 HM60882
INVOICE 03/23/2023 HP26295
EFT 04/13/2023
INVOICE 02/28/2023 HB82067
INVOICE 04/14/2023 HZ693380
INVOICE 04/18/2023 JB96876
INVOICE 04/20/2023 JC94259
INVOICE 04/20/2023 jd38699
EFT 04/27/2023
INVOICE 04/01/2023 28-610-051
EFT 04/27/2023
INVOICE 04/04/2023 CA-14-033-
202304-13
EFT 04/13/2023
INVOICE 03/31/2023 2023-03MAR
EFT 04/13/2023
INVOICE 04/07/2023 28905B2303
INVOICE 04/07/2023 10166B-2303
INVOICE 04/07/2023 10166A-2303
CHECK 04/13/2023
INVOICE 04/10/2023 LLD-A-2303
INVOICE 04/11/2023 RR1-2303
INVOICE 04/11/2023 LLD-B-2303
INVOICE 04/11/2023 RR3-2303
INVOICE 04/11/2023 RR2-2303
INVOICE 04/12/2023 33300-RR-
2303
INVOICE 04/12/2023 33300-DF-2303
INVOICE 04/12/2023 33300-L-2303
INVOICE 04/12/2023 SPK2-2303
INVOICE 04/12/2023 LLD-D-2303
INVOICE 04/12/2023 LLD-C-2303
INVOICE 04/19/2023 SPK1-2303
INVOICE 04/19/2023 28905A-2303
CHECK 04/27/2023 CHECK NUMBER 10012223 $4,983.55
MAR 23 - 315739-848266 $2,592.32
MAR 23 - 317147-849674 $1,142.89
MAR 23 - 510413-514910 $30.49
MAR 23 - 304577-765650 $28.15
MAR 23 - 603703-887618 $850.21
MAR 23 - 307567-838510 $57.93
MAR 23 - 603699-887616 $50.58
MAR 23 - 605255-559874 $24.71
MAR 23 - 556555-556922 $39.85
MAR 23 - 553525-765406 $30.49
MAR 23 - 553679-556884 $52.72
MAR 23 - 204347-548662 $53.89

COACHELLA VALLEY

WATER DISTRICT
MAR 23 - 307461-838398 $84.02
MAR 23 - 182081-513606 $42.34
MAR 23 - 181911-513438 $819.61
CHECK NUMBER 10012171 $945.97
MAR 23 - 304559-765632 $29.32

COACHELLA VALLEY

CONSERVATION

COMMISSION
MAR23 MSHCP FEES $28,497.15
EFT NUMBER 4716 $28,497.15
MN8 ENERGY

OPERATING

COMPANY LLC
01/01-03/31 ELECTRIC POWER SVC $23,758.75
EFT NUMBER 4713 $23,758.75
MAP

COMMUNICATIONS,
INC.

APR23 VAC RENTAL HOTLINE $285.75
EFT NUMBER 4791 $285.75

REPLACE LAMP FOR PANASONIC - COUNCIL

CHAMBER
$628.00
EFT NUMBER 4789 $2,147.26
HP LASERJET PRO $309.93
CISCO 561 WIRELESS HEADSET $276.00
ERGONOMIC KEYBOARD/MOUSE - RECORDS $128.42
CISCO HEADSET (3) FOR PHONES $804.91

CDW GOVERNMENT,
INC.

ADOBE RENEWAL -

ACROBAT/PHOTOSHOP/PREMIERE/INDESIGN
$2,266.92
MICROSOFT OFFICE $200.00
MICROSOFT OFFICE $14.96
NETMOTION (PD REMOTE CONNECTION) $1,094.00
EFT NUMBER 4710 $3,575.88
WIRE NUMBER 9006488 $193,908.01

CANYON COPY &
PRINT
REPLACED 2 STREET BANNERS $141.38
BANNERS FOR BARRICADES - FOUNTAIN $897.19
EFT NUMBER 4788 $1,038.57
WIRE NUMBER 9006487 $2,898,000.00
PAYROLL RUN 1 - WARRANT 230425 $193,908.01
CALPERS PAYROLL RUN 1 - WARRANT 230411 $198,208.06
WIRE NUMBER 9006474 $198,208.06
APRIL HEALTH PREM $321,529.84
WIRE NUMBER 9006480 $321,529.84
FY 23 UAL $2,898,000.00

CA BUILDING

STANDARDS

COMMISSION
2022-23 3RD QTR BSA FEES $890.10
CHECK NUMBER 10012156 $890.10

C & M BUILDING

MATERIALS
SUPPLIES - PW $127.40
CHECK NUMBER 10012155 $127.40
TEMP POWER BOLLARD - FESTIVAL LAWN $11.30
CHECK NUMBER 10012217 $11.30

4.C.a
Packet Pg. 18
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 02/28/2023 82165423
EFT 04/13/2023
INVOICE 03/31/2023 82169372
EFT 04/27/2023
INVOICE 04/05/2023 120317685
EFT 04/27/2023
INVOICE 03/31/2023 86035
INVOICE 03/31/2023 86036
EFT 04/27/2023
INVOICE 04/19/2023 AN0000002678
EFT 04/27/2023
CREDIT
MEMO
04/14/2023 TR-RTN001468
INVOICE 04/14/2023 TR-INV002045
EFT 04/27/2023
INVOICE 03/31/2023 2023-03MAR
EFT 04/13/2023
INVOICE 03/29/2023 148803
EFT 04/13/2023
INVOICE 04/18/2023 149916
EFT 04/27/2023
INVOICE 03/31/2023 2022-23 3RD
QTR
CHECK 04/13/2023
INVOICE 03/21/2023 235940
INVOICE 03/23/2023 236083
INVOICE 03/31/2023 236284
EFT 04/13/2023
INVOICE 04/05/2023 S3077912.001
INVOICE 04/05/2023 S3065347.001
INVOICE 04/07/2023 S3079177.001
INVOICE 04/10/2023 S3065349.008
EFT 04/27/2023
INVOICE 03/27/2023 S3065349.006
INVOICE 03/27/2023 S3065349.005
INVOICE 03/27/2023 S3065349.004
CHECK 04/13/2023
INVOICE 04/01/2022 5491911
EFT 04/27/2023
INVOICE 04/12/2023 2023-03
CHECK 04/27/2023
INVOICE 03/31/2023 FY2023-3QTR
CHECK 04/13/2023
INVOICE 12/15/2022 2019421993
INVOICE 12/15/2022 2019421948
INVOICE 12/19/2022 2019422253
CHECK 04/27/2023
INVOICE 03/31/2023 32562425
EFT 04/13/2023
INVOICE 04/25/2023 20230427 EISENHOWER

MEDICAL CENTER
MAR 2023 PROF SVCS-MEDICAL EXAM 2303C-
2846
$1,200.00

EAN SERVICES-

ENTERPRISE CAR
JAN/FEB 2023 VEHICLE RENTAL $1,478.74
EFT NUMBER 4720 $1,478.74

DUNN-EDWARDS

CORPORATION
PAINT SUPPLIES - CENTURY PARK 16B $258.76
PAINT SUPPLIES - CENTURY PARK 16B $40.04
PAINT SUPPLIES - CENTURY PARK 16B $258.76
CHECK NUMBER 10012228 $557.56

DIVISION OF THE

STATE ARCHITECT
3RD QTR CASP FEES $394.00
CHECK NUMBER 10012174 $394.00

DESERT WATER
AGENCY
03/11-04/10 WATER SERVICE $4,553.91
CHECK NUMBER 10012227 $4,553.91

THE DESERT SUN

PUBLISHING

COMPANY
LEGAL ADS 3/1-3/31/23 $4,362.60
EFT NUMBER 4803 $4,362.60
CENTURY PARK LIGHTING $286.57
CHECK NUMBER 10012173 $1,723.37
CENTURY PARK LIGHTING $1,282.96
CENTURY PARK LIGHTING $153.84

DESERT ELECTRIC
SUPPLY
LIGHTING-LLD 17 PANORAMA PARK $309.25
CENTURY PARK LIGHTING $2,857.40
BOILING PUMP BREAKER - CIVCTR $458.85
CENTURY PARK LIGHTING $473.21
EFT NUMBER 4802 $4,098.71

DESERT AIR
CONDITIONING, INC.

REPLACE COMPRESSOR - CIVCTR $196.00
AC MAINT - FS 412 $1,023.72
INSTLL ENRGY MGMT SYS FOR PD-CIVCTR $27,312.00
EFT NUMBER 4718 $28,531.72

DEPARTMENT OF

CONSERVATION
2022-23 3RD QTR SMIP FEES $1,375.92
CHECK NUMBER 10012172 $1,375.92
DATA TICKET FEB23 CODE CITATION PROCESSING $383.18
EFT NUMBER 4717 $383.18
MAR23 CODE CITATION PROCESSING $816.71
EFT NUMBER 4797 $816.71

COACHELLA VALLEY

ASSOC OF

GOVERNMENTS
MAR23 COLLECTION OF TUMF $48,840.00
EFT NUMBER 4715 $48,840.00

CPS HUMAN

RESOURCES

SERVICES

ENTRY-LEVEL ANALYST WRITTEN EXAM
CREDIT
($35.00)
ADMINISTRATIVE ASSISTANT WRITTEN EXAM $654.50
EFT NUMBER 4796 $619.50

ANIMAL SERVICES -

RIVERSIDE COUNTY
MARCH 2023 ANIMAL CONTROL SVCS $16,399.05
EFT NUMBER 4838 $16,399.05

COUNSELING TEAM
INTL
MAR23 SUPPORT SERVICES-FD $300.00
MARCH 2023 PEER SUPPORT $562.50
EFT NUMBER 4795 $862.50

COSTAR REALTY
INFORMATION, INC.

APRIL 2023 PROPERTY PROFESSIONAL $479.17
EFT NUMBER 4794 $479.17

CORELOGIC

SOLUTIONS, LLC
FEB23 GEO. PACK - REALQUEST $150.00
EFT NUMBER 4714 $150.00
MAR23 GEO. PACK - REALQUEST $360.00
EFT NUMBER 4793 $360.00

4.C.a
Packet Pg. 19
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) CHECK 04/27/2023
INVOICE 04/04/2023 33246
WIRE 04/05/2023
INVOICE 04/11/2023 33341
WIRE 04/12/2023
INVOICE 04/25/2023 33546
WIRE 04/26/2023
INVOICE 03/20/2023 18908923
INVOICE 03/20/2023 18908899
EFT 04/13/2023
INVOICE 03/27/2023 18951533
INVOICE 03/28/2023 18961213
INVOICE 03/29/2023 18968444
INVOICE 03/30/2023 18980987
EFT 04/27/2023
INVOICE 03/03/2023 8-056-82230
CHECK 04/13/2023
INVOICE 03/31/2023 808591232
CHECK 04/27/2023
INVOICE 03/15/2023 2355047
INVOICE 03/15/2023 2359587
INVOICE 03/15/2023 2359603
INVOICE 03/15/2023 2327112
INVOICE 03/21/2023 2359603-1
INVOICE 03/22/2023 2393674
INVOICE 03/22/2023 2375873
EFT 04/13/2023
INVOICE 04/04/2023 2433589
EFT 04/27/2023
INVOICE 04/07/2023 25946
CHECK 04/27/2023
INVOICE 04/15/2023 372972
CHECK 04/27/2023
INVOICE 03/28/2023 20230328
INVOICE 04/02/2023 20230402
INVOICE 04/07/2023 10421-5-2304
CHECK 04/27/2023
INVOICE 04/14/2023 MISC-2303
CHECK 04/27/2023
INVOICE 04/21/2023 19014
EFT 04/27/2023
INVOICE 04/07/2023 9893-0323
EFT 04/27/2023
INVOICE 03/22/2023 2436243
EFT 04/13/2023
INVOICE 04/01/2023 30039-1
CHECK 04/13/2023
INVOICE 04/08/2023 6339
INVOICE 04/08/2023 6340
CHECK 04/27/2023
INVOICE 03/30/2023 SIN026527
EFT 04/13/2023
INVOICE 04/11/2023 33342
WIRE 04/12/2023

ICMA RETIREMENT
TRUST - 457
PAYROLL RUN 1 - WARRANT 230411 $44,035.89
WIRE NUMBER 9006483 $44,035.89

HINDERLITER, DE

LLAMAS AND
AUDTSVCS ; TRANSACTIONS TAX Q3/22 $349.46
EFT NUMBER 4725 $349.46

HIGH RESOLUTION

GRAPHIC

BUS CARDS-PARKS & COMM EVENTS
COMMISSIONERS (2)
$189.23
POSTCARD - MY CATHEDRAL CITY MOBILE APP $433.91
CHECK NUMBER 10012236 $623.14

HAMMER PUMPING,
INC.

OCOTILLO - SERVICE/TRIP FEE $165.00
CHECK NUMBER 10012178 $165.00

GRANITE CONSTR
CO FILE73523
EZ STREET MATERIAL - STREETS $1,611.53
EFT NUMBER 4724 $1,611.53

GRAFFITI

PROTECTION

COATINGS
MAR23 GRAFFITI REMOVAL SVC $4,340.00
EFT NUMBER 4809 $4,340.00
ANTONIO PESTANA TOWN SQUARE - PURPLE LIGHTS $3,250.00
EFT NUMBER 4808 $3,250.00
GAS COMPANY, THE 03/14-04/12 GAS SERVICE $922.26
CHECK NUMBER 10012235 $922.26

FRONTIER

COMMUNICATIONS
03/28/23-04/27/2023 PHONE LINE $216.71
04/02/23-05/01/23 INTERNET-RIVERSIDE
COUNTY
$226.69
04/07-05/06 INTERNET $2,380.00
CHECK NUMBER 10012233 $2,823.40
FIND INC. APR23 SB183 SERVICES CONTRACT FEE $1,375.00
CHECK NUMBER 10012232 $1,375.00
EFT NUMBER 4805 $78.48

FERGUSON, PRAET
& SHERMAN
PITCHESS MOTION 02/15/2023-03/28/2023 $2,849.00
CHECK NUMBER 10012231 $2,849.00
EFT NUMBER 4722 $975.32
WOMEN RESTROOM SINK FAUCET - PD $78.48
SUPPLIES - FS 411 $43.49
RESTROOM SINKS - SOCCER PARK $257.67

FERGUSON
ENTERPRISES, INC.
#1350
SUPPLIES - SOCCER PARK $257.67
SUPPLIES - MIXING VALVES - FS 411 $125.87
RESTROOM SINKS - SOCCER PARK $101.87
SUPPLIES - DRAIN REPAIR PARTS - FS 412 $39.39
RESTROOM SINKS - SOCCER PARK $149.36
FEDERAL EXPRESS SHIPPING CHARGES - PD $19.99
CHECK NUMBER 10012177 $19.99
SHIPPING CHARGES $41.17
CHECK NUMBER 10012230 $41.17
IRRIG SUPPLIES - SOCCER PARK $243.71
EFT NUMBER 4804 $2,532.84
IRRIG SUPPLIES - PANORAMA PK LLD 17 $16.15
IRRIG SUPPLIES - RAMON ROAD $2,112.59
WIRE NUMBER 9006493 $44,461.60

EWING IRRIGATION

PRODUCTS
IRRIG SUPPLIES - OCOTILLO PARK $19.56
IRRIG SUPPLIES - OCOTILLO PARK $13.02
EFT NUMBER 4721 $32.58
IRRIG SUPPLIES - PANORAMA PK LLD 17 $160.39

EMPLOYMENT

DEVELOPMENT
DEPT
PAYROLL RUN 2 - WARRANT 230404 $39,600.00
WIRE NUMBER 9006473 $39,600.00
PAYROLL RUN 1 - WARRANT 230411 $44,549.08
WIRE NUMBER 9006482 $44,549.08
PAYROLL RUN 1 - WARRANT 230425 $44,461.60
MEDICAL CENTER CHECK NUMBER 10012229 $1,200.00

4.C.a
Packet Pg. 20
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 04/25/2023 33547
WIRE 04/26/2023
INVOICE 03/24/2023 25AR1597883
EFT 04/13/2023
INVOICE 03/22/2023 192070101610
5 INVOICE 03/23/2023 192070101611
0 CHECK 04/13/2023
INVOICE 04/05/2023 BI 14482
INVOICE 04/05/2023 BI 14483
CHECK 04/27/2023
INVOICE 03/10/2023 16719
CHECK 04/27/2023
INVOICE 04/13/2023 6254048
CHECK 04/27/2023
INVOICE 03/17/2023 62413
INVOICE 03/17/2023 62412
INVOICE 03/31/2023 32366
EFT 04/13/2023
INVOICE 04/01/2023 106202
EFT 04/27/2023
INVOICE 04/01/2023 871010284
EFT 04/13/2023
INVOICE 04/05/2023 42119187
EFT 04/13/2023
INVOICE 03/18/2022 9009210701
INVOICE 03/27/2023 9009226118
EFT 04/13/2023
INVOICE 03/31/2023 9009238987
INVOICE 04/03/2023 9009251523
INVOICE 04/08/2023 9009256207
INVOICE 04/10/2023 9009258015
EFT 04/27/2023
INVOICE 03/10/2023 72
INVOICE 04/03/2023 73
EFT 04/13/2023
INVOICE 03/28/2023 114629296
INVOICE 04/02/2023 114659254
EFT 04/13/2023
INVOICE 01/20/2023 2688
CHECK 04/13/2023
INVOICE 03/30/2023 7302129
EFT 04/13/2023
INVOICE 04/05/2023 7275330-02
EFT 04/27/2023
INVOICE 03/31/2023 239106
EFT 04/27/2023
INVOICE 03/23/2023 1304602
EFT 04/13/2023
INVOICE 01/18/2023 1285901
INVOICE 01/23/2023 1287122
INVOICE 01/23/2023 1287093
INVOICE 01/24/2023 1287412 MEDICAL SUPPLIES (PARAMEDIC) $217.41 LIFE ASSIST, INC. MEDICAL SUPPLIES (PARAMEDIC) $678.17
EFT NUMBER 4737 $678.17
MEDICAL SUPPLIES (PARAMEDIC) $22.58
MEDICAL SUPPLIES (PARAMEDIC) $1,304.46
MEDICAL SUPPLIES (PARAMEDIC) $2,830.17

LIEBERT CASSIDY

WHITMORE
CA 180-00069 PD INVESTIGATION $552.00
EFT NUMBER 4819 $552.00

LEGAL DOCUMENT
SPECIALIST, INC.

PROCESS SERVICE - 03/29/23 $55.00
EFT NUMBER 4736 $55.00
PROCESS SERVICE - 04/04/23 $55.00
EFT NUMBER 4818 $55.00

LEAGUE OF

CALIFORNIA CITIES
2023 MEMBERSHIP DUES $100.00
CHECK NUMBER 10012182 $100.00

LAMAR TEXAS

LIMITED

PARTNERSHIP
03/28/2023 PS AIRPORT ADVERTISING $312.50
04/02/2023-04/29/2023 PS AIRPORT

ADVERTISING
$875.00
EFT NUMBER 4735 $1,187.50
EFT NUMBER 4816 $3,337.91

KREATIVE KUBES
OFFICE
WORK STATION SET UP - CIVCTR $3,000.00
PANEL CONNECTORS - CIVCTR $375.00
EFT NUMBER 4734 $3,375.00
03/9-04/8 KONICA MINOLTA $2,853.91
3/11-4/10 KONICA MINOLTA CPC A61E011012174 $30.39

KONICA MINOLTA
BUS.SOLUTIONS
2/19/23-3/18/23 KONICA MINOLTA CPC $668.85
03/11-03/24 KONICA MINOLTA CPC
A61E011012174
$24.23
EFT NUMBER 4733 $693.08
3/01-3/31 CPC C224E EAST PACT $89.18
3/04-4/03 C554E CPC DET A5AY011000024 $364.43

KONICA MINOLTA -
LEASE
2/9-03/8 KONICA MINOLTA LSE $21.43
EFT NUMBER 4732 $21.43
KONE, INC. MAR23 ELEVATOR MAINTENANCE $1,500.44
EFT NUMBER 4731 $1,500.44
JJJ ENTERPRISES QTR ALARM INSP - PRKG GARAGE $120.00
EFT NUMBER 4814 $120.00
JIMMY'S EQUIPMENT EQUIPMENT MAINT - WEEDEATER - PW $105.46 EQUIP REPAIR - PW $267.50
EQUIPMENT MAINT - WEEDEATER - PW $70.69
EFT NUMBER 4729 $443.65

JESSUP AUTO
PLAZA
VEHICLE REPAIR-M18 $800.34
CHECK NUMBER 10012240 $800.34

JERNIGANS

SPORTING GOODS,
INC.

SAFETY BOOTS - I. ELIZONDO $255.55
CHECK NUMBER 10012239 $255.55
JAS PACIFIC 03/1-03/15/23 CONTRACT SVCS $10,523.13
03/16-03/31/23 CONTRACT SVCS $10,225.00
CHECK NUMBER 10012238 $20,748.13

INTERSTATE ALL

BATTERY CENTER
BATTERY - CATHCYN BRIDGE $77.58
BATTERY - CATHCYN BIKE LANE $67.88
CHECK NUMBER 10012180 $145.46
IMAGE SOURCE 2/20/23-3/19/23 CONTRACT $183.74
EFT NUMBER 4728 $183.74
PAYROLL RUN 1 - WARRANT 230425 $44,150.21
WIRE NUMBER 9006494 $44,150.21

4.C.a
Packet Pg. 21
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) CREDIT
MEMO
02/21/2023 1295828
INVOICE 03/22/2023 1304387
INVOICE 03/24/2023 1304962
INVOICE 03/29/2023 1306041
INVOICE 03/29/2023 1306116
INVOICE 03/30/2023 1306298
INVOICE 03/30/2023 1306727
INVOICE 04/03/2023 1307292
INVOICE 04/04/2023 1307992
INVOICE 04/04/2023 1307995
INVOICE 04/06/2023 1308670
INVOICE 04/07/2023 1308944
INVOICE 04/10/2023 1309360
INVOICE 04/11/2023 1309589
INVOICE 04/11/2023 1309656
CREDIT
MEMO
04/13/2023 1310348
INVOICE 04/17/2023 1311053
EFT 04/27/2023
INVOICE 03/20/2023 4535359474
EFT 04/27/2023
INVOICE 04/12/2023 INV684863
EFT 04/27/2023
INVOICE 04/01/2023 FY23-11001
CHECK 04/13/2023
INVOICE 03/03/2023 90388
INVOICE 03/03/2023 90389
INVOICE 03/07/2023 90578
INVOICE 03/07/2023 90577
INVOICE 03/09/2023 90587
INVOICE 03/23/2023 90495
CHECK 04/27/2023
INVOICE 04/16/2023 PRM-080371
EFT 04/27/2023
INVOICE 03/15/2023 76473869
EFT 04/27/2023
INVOICE 04/11/2023 519085642
EFT 04/27/2023
INVOICE 04/10/2023 8281537988
INVOICE 04/10/2023 8281539747
EFT 04/13/2023
INVOICE 04/04/2023 MWG2239
INVOICE 04/07/2023 MGW2243
CHECK 04/13/2023
INVOICE 04/18/2023 MWG2244
CHECK 04/27/2023
INVOICE 04/03/2023 INV06-016155
EFT 04/13/2023
INVOICE 03/30/2023 033020232
EFT 04/27/2023
INVOICE 03/07/2023 2021-03.03-18
INVOICE 03/07/2023 2021-05.01-18

NAI CONSULTING,
INC.

PLAN CHECK FEES 2.23 $2,255.00
NAI ON-CALL SUPPORT-2.23 $584.50
MVR CONSULTING PROP 68 GRANT WORK $875.00
EFT NUMBER 4828 $875.00
MUNISERVICES, LLC UUT LEGAL SERVICES Q1 01/2023-03/2023 $4,755.91 EFT NUMBER 4744 $4,755.91
JORDAN FREEMAN MOTORCYCLE MAINT&REPAIR VIN #00074 C-81 $1,777.60 MOTORCYCLE MAINT&REPAIR VIN #13012 C-85 $664.52
CHECK NUMBER 10012186 $2,442.12
MOTORCYCLE MAINT&REPAIR VIN #00202 C-83 $2,331.56
CHECK NUMBER 10012245 $2,331.56

MOTOROLA
SOLUTIONS, INC.

APX DUAL BAND RADIOS FOR FIRE

DEPARTMENT
$940.54

APX DUAL BAND RADIOS FOR FIRE

DEPARTMENT
$239.71
EFT NUMBER 4743 $1,180.25

MISSION LINEN
SUPPLY
LINEN SUPPLIES FOR JAIL $60.15
EFT NUMBER 4827 $60.15
METLIFE APRIL 23 $30,463.96
EFT NUMBER 4825 $30,463.96

MANAGED HEALTH

NETWORK
EMPLOYEE ASSISTANCE PROGRAM - MAY 2023 $468.00
EFT NUMBER 4824 $468.00
PLANT TREE PROGRAM - CENTURY PK LLD16B $1,212.18
CHECK NUMBER 10012243 $4,121.96

MACIAS NURSERY,
INC.

SUPPLIES - E PALM CANYON $433.15
SUPPLIES - PANORAMA PARK LLD17 $192.33
SUPPLIES - E PALM CANYON $646.50
SUPPLIES - PANORAMA PARK LLD17 $1,228.35
SUPPLIES - PANORAMA PARK LLD17 $409.45

LVC MASTER

ASSOCIATION
MAY23 LLD9 LA PASADA LANDSCAPE $770.00
CHECK NUMBER 10012185 $770.00
LN CURTIS & SONS UNIFORMS - LARGE SX JACKETS $1,334.84
EFT NUMBER 4823 $1,334.84
EFT NUMBER 4820 $18,120.68

LINCOLN NATIONAL
LIFE INS. CO.

BL-1514485 APRIL 23 $24,101.13
EFT NUMBER 4821 $24,101.13
CR MEMO INV #1303003 MED SUPPLIES ($304.50)
MEDICAL SUPPLIES (PARAMEDIC) $1,417.61
MEDICAL SUPPLIES (PARAMEDIC) $184.53
MEDICAL SUPPLIES (PARAMEDIC) $23.93
MEDICAL SUPPLIES (PARAMEDIC) $304.50
MEDICAL SUPPLIES (PARAMEDIC) $1,812.40
MEDICAL SUPPLIES (PARAMEDIC) $2,355.11
MEDICAL SUPPLIES (PARAMEDIC) $103.19
MEDICAL SUPPLIES (PARAMEDIC) $453.42
MEDICAL SUPPLIES (PARAMEDIC) $1,162.95
MEDICAL SUPPLIES (PARAMEDIC) $463.38
MEDICAL SUPPLIES (PARAMEDIC) $468.41
MEDICAL SUPPLIES (PARAMEDIC) $1,350.00
MEDICAL SUPPLIES (PARAMEDIC) $1,253.27
MEDICAL SUPPLIES (PARAMEDIC) $2,759.28
MEDICAL SUPPLIES (PARAMEDIC) $38.28
CR MEMO MEDICAL SUPPLIES (PARAMEDIC) ($99.70)

4.C.a
Packet Pg. 22
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 03/07/2023 2021-05-VRES-
01 INVOICE 03/07/2023 2021-03.05-12
EFT 04/13/2023
INVOICE 03/07/2023 2021-05.02-18
EFT 04/27/2023
INVOICE 03/18/2023 642076
CREDIT
MEMO
03/20/2023 642153
INVOICE 03/21/2023 642280
INVOICE 03/21/2023 642255
CREDIT
MEMO
03/22/2023 642410
INVOICE 03/23/2023 642546
EFT 04/13/2023
INVOICE 03/28/2023 643022
INVOICE 03/31/2023 643621
CREDIT
MEMO
04/04/2023 643967
INVOICE 04/06/2023 644251
INVOICE 04/06/2023 644131
INVOICE 04/11/2023 644714
CREDIT
MEMO
04/13/2023 644901
INVOICE 04/18/2023 645464
EFT 04/27/2023
INVOICE 04/11/2023 33343
WIRE 04/11/2023
INVOICE 04/25/2023 33548
WIRE 04/25/2023
INVOICE 04/03/2023 70647
CHECK 04/27/2023
INVOICE 03/22/2023 1639073
EFT 04/27/2023
INVOICE 03/06/2023 2030223595
INVOICE 03/23/2023 2030224074
CHECK 04/13/2023
INVOICE 03/16/2023 2030223903
INVOICE 03/28/2023 2030223911
CHECK 04/27/2023
INVOICE 03/23/2023 90830
INVOICE 03/23/2023 90831
EFT 04/13/2023
INVOICE 04/11/2023 33344
WIRE 04/11/2023
INVOICE 04/24/2023 33549
WIRE 04/24/2023
INVOICE 04/13/2023 20230413
CHECK 04/13/2023
INVOICE 04/13/2023 41323
EFT 04/13/2023
INVOICE 07/01/2022 17498
INVOICE 07/01/2022 17544
INVOICE 03/22/2023 921314
CHECK 04/27/2023
INVOICE 04/03/2023 154597 POWERS AWARDS MILITARY STYLE BADGE - AGEN $11.85

DESERT CITIES

REPROGRAPHICS
SYSTEMS, INC.

AVENIDA LOS NINOS / CENTURY PARK $88.40
VIA DE ANZA - PHASE I $26.12
VIA DE ANZA - PHASE II $26.24
CHECK NUMBER 10012253 $140.76

PITNEY BOWES

RESERVE ACCOUNT
PB MAIL MACHINE RESERVE FCC: 44147676 $5,000.00
EFT NUMBER 4749 $5,000.00

PETTY CASH - KEVIN

BIERSACK
PETTY CASH REPLENISHMENT $201.65
CHECK NUMBER 10012189 $201.65

PENTEGRA
SERVICES, INC.

PAYROLL RUN 1 - WARRANT 230411 $11,641.24
WIRE NUMBER 9006477 $11,641.24
PAYROLL RUN 1 - WARRANT 230425 $11,543.48
WIRE NUMBER 9006489 $11,543.48
CHECK NUMBER 10012251 $1,834.34

PATTON DOOR AND
GATE
SERVICE DOORS - FS413 $838.68
SERVICE DOORS - FS413 $40.42
EFT NUMBER 4748 $879.10

PARKHOUSE TIRE
INC.

TIRES - FIRE TRUCK - FD $51.53
AMBULANCE TIRES - FD $834.85
CHECK NUMBER 10012188 $886.38
EQUIPMENT MAINT - JOHN DEERE 544-HS - PW $311.20
TIRES - FIRE TRUCK - FD $1,523.14

PALM SPRINGS
MOTORS, INC.

REPAIR - AMBULANCE VIN0847 $2,056.11
EFT NUMBER 4832 $2,056.11

PALM SPRINGS

AUTO GLASS & TINT
WINDOW TINT D-16 $429.00
CHECK NUMBER 10012249 $429.00
EFT NUMBER 4830 $1,103.31

NATIONWIDE

RETIREMENT

SOLUTION
PAYROLL RUN 1 - WARRANT 230411 $13,793.02
WIRE NUMBER 9006476 $13,793.02
PAYROLL RUN 1 - WARRANT 230425 $14,086.96
WIRE NUMBER 9006490 $14,086.96
CREDIT MEMO FOR INVOICE 629368 ($241.24)
AMBULANCE SUPPLIES - A/C COMPRESSOR $528.19
SUPPLIES - STICK ELECTRODE - PW $167.43
BATTERY, CORE DEPOSIT - FD $230.36
CREDIT MEMO INVOICE 559034 ($146.71)
FLEET SUPPLIES - HID CAPSULES $152.10
OIL DRY - FD $145.84
BATTERY, CORE DEPOSIT - FD $267.34
FLEET SUPPLIES - XENON HEADLIGHT $116.66
EFT NUMBER 4746 $1,506.75

DESERT AREA
CORP.

BATTERY, CORE DEPOSIT - FD $1,546.94
CREDIT MEMO CORE DEPOSIT INVOICE 642076 ($202.50)
FLEET SUPPLIES - ANTIFREEZE - FS 411 $45.65
FLEET SUPPLIES - ANTIFREEZE - FS 411 $47.83
CREDIT MEMO INVOICE 642255 ($47.83)
ON-CALL SUPPORT 2.23 $1,334.50
EFT NUMBER 4829 $1,334.50
PLAN CHECK FEES 2.23 $820.00
PLAN CHECK SERVICES 2.23 $2,327.00
EFT NUMBER 4745 $5,986.50

4.C.a
Packet Pg. 23
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) CHECK 04/27/2023
INVOICE 04/04/2023 R21044
INVOICE 04/04/2023 R20980
EFT 04/27/2023
INVOICE 04/11/2023 CC23004
EFT 04/27/2023
INVOICE 03/28/2023 23467731
INVOICE 03/28/2023 23467734
INVOICE 03/28/2023 23467732
EFT 04/13/2023
INVOICE 04/04/2023 23470786
INVOICE 04/04/2023 23470783
INVOICE 04/04/2023 23470784
INVOICE 04/11/2023 23473842
INVOICE 04/11/2023 23473838
INVOICE 04/11/2023 23473840
INVOICE 04/18/2023 23477011
INVOICE 04/18/2023 23477010
INVOICE 04/18/2023 23477013
EFT 04/27/2023
INVOICE 03/23/2023 3665
INVOICE 03/23/2023 3664
INVOICE 03/24/2023 3666
INVOICE 03/28/2023 3670
INVOICE 03/28/2023 3669
INVOICE 03/28/2023 3667
INVOICE 03/28/2023 3668
INVOICE 03/29/2023 3675
INVOICE 03/29/2023 3673
INVOICE 03/29/2023 3672
INVOICE 03/30/2023 3676
EFT 04/13/2023
INVOICE 03/29/2023 3674
INVOICE 04/03/2023 3677
INVOICE 04/03/2023 3678
INVOICE 04/03/2023 3679
INVOICE 04/03/2023 3680
INVOICE 04/05/2023 3681
INVOICE 04/05/2023 3682
INVOICE 04/06/2023 3683
INVOICE 04/06/2023 3684
INVOICE 04/10/2023 3685
INVOICE 04/11/2023 3689
INVOICE 04/11/2023 3688
INVOICE 04/11/2023 3691
INVOICE 04/11/2023 3687
INVOICE 04/11/2023 3686
INVOICE 04/11/2023 3690
INVOICE 04/12/2023 3692
INVOICE 04/12/2023 3695
INVOICE 04/20/2023 3704
EFT 04/27/2023
INVOICE 03/31/2023 INV58
EFT 04/13/2023

PUBLIC ENTITY RISK

MANAGEMENT
4THQTR WORKERS COMP PREM 22-23 $466,266.75
EFT NUMBER 4754 $466,266.75
FS 412 - CUT DOWN 3 TREES & CLEANUP $5,250.00
EFT NUMBER 4837 $48,660.00
VISTA CHINO/DATE PALM - SAND REMOVAL $2,150.00
VISTA CHINO - SAND REMOVAL $2,450.00
DATE PALM BRIDGE - SAND REMOVAL $1,850.00
DAVALL - CLEAN UP $1,275.00
MARAVILLA/ESPADA - SAND REMOVAL $985.00
BARISTO/AVE DEL PADRE RB - CLEAN UP $1,975.00
DINAHSHORE/WHISPPLMS PKWY - CLEANUP $1,595.00
DINAH SHORE BRIDGE - CLEANUP $1,675.00
E PALM CYN MEDIAN - GENERAL CLEAN UP $1,950.00
RIO VISTA COMMUNITY - SAND REMOVAL $5,500.00
DINAHSHORE MEDIANS- WEEDS REMOVAL $1,575.00
RAMON RD MEDIAN - TREES TRIM $2,975.00
RAMON RD MEDIAN - TREES TRIM $3,410.00
DATE PALM MEDIAN - CLEAN UP $1,595.00
TORTUGA RD - SAND REMOVAL $1,950.00
CYPRESS RB - CLEAN UP $2,850.00
VISTA CHINO/VERONA - SAND REMOVAL $5,000.00
30TH AVE - SAND REMOVAL $2,650.00
RIO VISTA WASH - SAND REMOVAL $5,200.00
EFT NUMBER 4752 $43,897.00
VISTACHINO/DATEPALM - SAND REMOVAL $1,985.00
DOG PARK - GENERAL CLEAN UP $1,525.00
MAR23 FACILITIES GROUNDS/AMPHITHEA $11,062.00
VENTURA/ENTRANCE WASH - SAND REMOVAL $6,500.00
MAR23 MONTHLY MAINT SVC $6,950.00
LANDAU HOMES LLD15 - TREE TRIM $1,250.00
EFT NUMBER 4836 $1,138.90

PS TREE SERVICE &

MAINTENANCE
DINAHSHORE/VAQUERO PKWY - CLEAN UP $2,475.00
BASKETBALL COURTS - GENERAL CLEAN UP $4,750.00
MERCY PARKING LOT - GENERAL CLEAN UP $1,350.00
CENTURY PARK LLD16B - MAIN LINE REPAIR $850.00
JANITORIAL SUPPLIES $191.09
STREETS UNIFORM RENTALS $107.17
GROUNDS UNIFORM RENTALS $29.96
GROUNDS UNIFORM RENTALS $29.96
STREETS UNIFORM RENTALS $107.17
JANITORIAL SUPPLIES $258.93
JANITORIAL SUPPLIES $277.49
GROUNDS UNIFORM RENTALS $29.96

PRUDENTIAL

OVERALL SUPPLY
JANITORIAL SUPPLIES $183.03
STREETS UNIFORM RENTALS $107.17
GROUNDS UNIFORM RENTALS $29.96
EFT NUMBER 4751 $320.16
STREETS UNIFORM RENTALS $107.17
PRINTER'S LINK BUSINESS CARDS-POS $77.21
EFT NUMBER 4834 $77.21

PREMIER SECURITY,
INC.
04/01-06/30 FIRE ALARM SVC $357.00
04/01-06/30 FIRE ALARM SVC - FD $396.00
EFT NUMBER 4833 $753.00
CHECK NUMBER 10012254 $11.85

4.C.a
Packet Pg. 24
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 04/10/2023 231533
CHECK 04/27/2023
INVOICE 03/22/2023 23-77040
CHECK 04/13/2023
INVOICE 03/31/2023 2023-03
CHECK 04/13/2023
INVOICE 04/09/2023 122
EFT 04/27/2023
INVOICE 03/29/2023 1646
INVOICE 04/04/2023 3106
INVOICE 04/04/2023 0153
CHECK 04/13/2023
INVOICE 03/31/2023 22402
CHECK 04/13/2023
INVOICE 04/11/2023 1672-6
CHECK 04/27/2023
INVOICE 03/31/2023 8003625060
CHECK 04/13/2023
INVOICE 04/18/2023 54607
EFT 04/27/2023
INVOICE 03/23/2023 4003188
INVOICE 03/27/2023 4004204
CHECK 04/13/2023
INVOICE 04/11/2023 4009192
CHECK 04/27/2023
INVOICE 04/04/2023 1374
EFT 04/27/2023
INVOICE 02/01/2023 4127423
INVOICE 02/01/2023 4123586
CHECK 04/27/2023
INVOICE 03/31/2023 512341
EFT 04/13/2023
INVOICE 04/13/2023 512600
EFT 04/27/2023
INVOICE 03/31/2023 MISC-2303
INVOICE 04/03/2023 9074-2303
INVOICE 04/03/2023 9690-2303
INVOICE 04/05/2023 32100-2303
CHECK 04/13/2023
INVOICE 04/01/2023 MISC-2303-A
INVOICE 04/19/2023 SPK-2303-A
INVOICE 04/19/2023 CITY-2303-A
INVOICE 04/19/2023 68594-2303-A
INVOICE 04/20/2023 0005-2303
CHECK 04/27/2023
INVOICE 04/07/2023 040723
EFT 04/13/2023
INVOICE 03/23/2023 15159960-
032323
EFT 04/13/2023
INVOICE 03/29/2023 18401120
032923
EFT 04/13/2023
INVOICE 03/16/2023 3533165605 STAPLES

ADVANTAGE
SUPPLIES - PD $53.61
SPARKLETTS LOC:7600067 MAR23 PW WATER $210.34
EFT NUMBER 4759 $210.34
LOC:18401119 02/28/2023-03/17/2023 WATER $256.98
EFT NUMBER 4760 $256.98

SOUTHERN

CALIFORNIA GAS
CO.
03/01-04/01 - ACCT:063-943-529-1 $79.80
EFT NUMBER 4758 $79.80
03/02-03/30 STREET/OUTDOORELECTRIC $676.90
CHECK NUMBER 10012259 $10,760.87
03/21-04/18 68700 AVE LALO GUERRERO $4,412.36
03/21-04/18 PARKING STRUCTURE ELECTRIC $3,949.44
03/13-04/12 ELECTRICAL CHARGES $162.10
03/21-04/18 SOCCER PARK ELECTRIC $1,560.07

SOUTHERN

CALIFORNIA EDISON
03/01-03/31 ELECTRICAL CHARGES $1,954.51
03/01-03/31 LLD LAMPS&IRRIG ELECTRIC CHGS $1,338.39
03/01-03/31 STREET LAMPS $18,240.44
03/07-04/04 FIRE DEPT. ELECTRIC $1,476.87
CHECK NUMBER 10012198 $23,010.21

SOUTH COAST

EMERGENCY
VEHICLE REPAIRS FIRETRUCK $448.55
EFT NUMBER 4757 $448.55
FLEET SUPPLIES - WIPERS, INTAKE SCREEN $347.79
EFT NUMBER 4844 $347.79

SOUTH COAST AIR

QUALITY MGMT
FLAT FEE FY22-23 EMISSION 411 $151.85
EM ELEC GEN-DIESEL 411 $468.76
CHECK NUMBER 10012258 $620.61
SO CAL GRAFIX INC. VINYL INSTALLATION $258.13
EFT NUMBER 4843 $258.13

SMITH PIPE &

SUPPLY COMPANY
IRRIG SUPPLIES - PW $14.90
IRRIG SUPPLIES - PW $47.03
CHECK NUMBER 10012197 $61.93
IRRIG SUPPLIES - PW $12.23
CHECK NUMBER 10012257 $12.23

SINGLEWIRE

SOFTWARE LLC
TIME VALUE SOFTWARE - TVALUE X 250 $1,550.00
EFT NUMBER 4842 $1,550.00
SHRED-IT USA LLC MAR23 SHREDDING SVCS $10,960.53
CHECK NUMBER 10012196 $10,960.53

SHERWIN WILLIAMS
PAINT
SUPPLIES - STREETS - PW $36.91
CHECK NUMBER 10012256 $36.91

SCOTT FAZEKAS &
ASSOCIATES, INC.

MAR23 PLAN CHECK SVCS $40,221.26
CHECK NUMBER 10012195 $40,221.26
SAM'S CLUB DIRECT SUPPLIES-DISPATCH $82.06
SUPPLIES - PW $318.55
SUPPLIES-COMMUNITY ACADEMY CONF.

SUPPLIES
$17.35
CHECK NUMBER 10012194 $417.96
S.C.R.A.P. GALLERY ENV ED SVCS $4,500.00
EFT NUMBER 4839 $4,500.00

RIVERSIDE COUNTY

AUDITOR

CONTROLLER
MARCH 2023 PARKING $3,847.50
CHECK NUMBER 10012192 $3,847.50

RIVERSIDE COUNTY

RECORDER
22-292670 ASSESOR PDC RQST - FEB23 $52.00
CHECK NUMBER 10012193 $52.00

QUALITY STREET

SERVICE
APR 23 PRKG LOT SWEEPING SVC $550.00
CHECK NUMBER 10012255 $550.00

4.C.a
Packet Pg. 25
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 03/19/2023 3533408262
INVOICE 03/23/2023 3533616835
INVOICE 03/24/2023 3533689373
INVOICE 03/24/2023 3533689376
INVOICE 03/24/2023 3533689372
INVOICE 03/24/2023 3533689374
INVOICE 03/24/2023 3533689375
INVOICE 03/25/2023 3533906481
INVOICE 03/26/2023 3533928225
EFT 04/13/2023
INVOICE 03/24/2023 3533689377
INVOICE 03/29/2023 3534070943
INVOICE 03/29/2023 3534070942
INVOICE 03/29/2023 3534070941
INVOICE 04/02/2023 3534911956
INVOICE 04/05/2023 3535053780
INVOICE 04/05/2023 3535053781
INVOICE 04/05/2023 7607639250
INVOICE 04/07/2023 3535181487
INVOICE 04/11/2023 3535406669
INVOICE 04/13/2023 3535530152
INVOICE 04/13/2023 3535530151
INVOICE 04/15/2023 3535803654
INVOICE 04/16/2023 3535826465
CREDIT
MEMO
04/19/2023 3535952061
EFT 04/27/2023
INVOICE 04/26/2023 1Q23-0426
WIRE 04/26/2023
INVOICE 03/21/2023 FAUD-
00003595
CHECK 04/13/2023
INVOICE 04/11/2023 33345
WIRE 04/11/2023
INVOICE 04/25/2023 33550
WIRE 04/25/2023
INVOICE 03/02/2023 643423
INVOICE 04/05/2023 645684
CHECK 04/27/2023
INVOICE 04/01/2023 3006407532
EFT 04/13/2023
INVOICE 03/21/2023 0461493-IN
EFT 04/13/2023
INVOICE 02/08/2023 34
EFT 04/13/2023
INVOICE 03/23/2023 168580769-0
CHECK 04/13/2023
INVOICE 04/01/2023 3396121-
202303-1
CHECK 04/13/2023
INVOICE 04/01/2023 FY23-11001
EFT 04/13/2023
INVOICE 03/31/2023 39843
CHECK 04/13/2023
INVOICE 03/29/2023 045-414254TYLER

TECHNOLOGIES,

ENTERPRISE RESOURCE PLANNING SYSTEM
03/23
$573.75

TURBO DATA
SYSTEMS, INC.

MARCH 2023 PRKG CITATION PROCESSING $461.32
CHECK NUMBER 10012203 $461.32

TRUPPELLI,
GEORGE
MAY23 RETIREMENT $1,575.90
EFT NUMBER 4767 $1,575.90

TRANSUNION RISK &

ALTERNATIV
MARCH 2023 SOFTWARE SUBSCRIPTION $126.80
CHECK NUMBER 10012201 $126.80
U.S. TELEPACIFIC
CORP.
03/23-04/22 CITY PHONES $4,358.22
CHECK NUMBER 10012200 $4,358.22
T.Y. LIN

INTERNATIONAL
CONSTRUCTION MANAGEMENT 11.22 $6,062.65
EFT NUMBER 4764 $6,062.65
STEVEN
ENTERPRISES, INC.
20LB ENGINEERING BOND $290.01
EFT NUMBER 4763 $290.01
STERICYCLE, INC. APRIL 2023 BIOHAZARD DISPOSAL SVC $117.75 EFT NUMBER 4762 $117.75

CA DEPT OF

JUSTICE
FEB 2023 PRE-EMPLOYMENT LIVESCAN (8) $392.00
MARCH 2023 LIVESCAN FINGERPRINT $162.00
CHECK NUMBER 10012218 $554.00

CA STATE

DISBURSEMENT
UNIT
PAYROLL RUN 1 - WARRANT 230411 $3,289.36
WIRE NUMBER 9006478 $3,289.36
PAYROLL RUN 1 - WARRANT 230425 $3,289.36
WIRE NUMBER 9006491 $3,289.36

CA STATE

CONTROLLER'S
OFFICE
ANNUAL STREET REPORT FY 22/23 $3,998.06
CHECK NUMBER 10012157 $3,998.06

CA DEPT OF TAX

AND FEE ADMIN
(CDTFA)
1Q23-0426 USE TAX $992.00
WIRE NUMBER 9006495 $992.00
SUPPLIES-BLDG ($75.98)
EFT NUMBER 4845 $3,574.45
SUPPLIES-FINANCE $72.17
SUPPLIES-BLDG $51.96
SUPPLIES-HR $31.53
SUPPLIES-BLDG $75.98
SUPPLIES-FIRE $132.88
SUPPLIES-FIRE $40.79
SUPPLIES-BLDG $75.98
SUPPLIES - FD $173.67
SUPPLIES-ADMIN $117.71
SUPPLIES-CIV CTR $1,935.32
SUPPLIES-CODE $81.33
SUPPLIES-CODE $108.73
SUPPLIES-PD $715.63
SUPPLIES-FIRE $36.75
SUPPLIES - HR $52.33
EFT NUMBER 4761 $1,265.39
SUPPLIES-FINANCE $10.34
SUPPLIES-CODE $29.95
SUPPLIES-CITY HALL $441.42
SUPPLIES - ENG $333.52
ADVANTAGE SUPPLIES-CODE $41.26
SUPPLIES-CODE $6.41
SUPPLIES-COMMUNITY DEVELOPMENT $133.13
SUPPLIES - FIRE $163.42

4.C.a
Packet Pg. 26
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) EFT 04/13/2023
INVOICE 03/01/2023 220230095
INVOICE 03/01/2023 22-2302883
INVOICE 04/01/2023 320230103
INVOICE 04/01/2023 22-2303275
EFT 04/13/2023
INVOICE 03/31/2023 2022 UUT
CHECK 04/27/2023
INVOICE 03/31/2023 2022 UUT
CHECK 04/27/2023
INVOICE 04/06/2023 BW6398662
INVOICE 04/11/2023 BW6398777
INVOICE 04/13/2023 BW6398859
INVOICE 04/17/2023 180143
INVOICE 04/18/2023 BW6399003
INVOICE 04/18/2023 BW6399011
CHECK 04/27/2023
INVOICE 12/22/2022 115905
INVOICE 03/31/2023 116245
INVOICE 03/31/2023 115746
INVOICE 03/31/2023 115844
INVOICE 03/31/2023 116980
EFT 04/13/2023
INVOICE 03/17/2023 116801
INVOICE 03/23/2023 116889
INVOICE 03/23/2023 116890
INVOICE 03/23/2023 116877
INVOICE 04/07/2023 117063
INVOICE 04/07/2023 117059
INVOICE 04/10/2023 117078
INVOICE 04/10/2023 117068
INVOICE 04/12/2023 117065
INVOICE 04/17/2023 117130
EFT 04/27/2023
INVOICE 04/02/2023 9931527600
CHECK 04/27/2023
INVOICE 04/10/2023 9932255467
CHECK 04/27/2023
INVOICE 04/10/2023 9932255465
CHECK 04/27/2023
INVOICE 04/04/2023 9931746470
CHECK 04/27/2023
INVOICE 04/10/2023 9932174641
CHECK 04/27/2023
INVOICE 04/10/2023 9932255466
CHECK 04/27/2023
INVOICE 04/10/2023 9932174642
CHECK 04/27/2023
INVOICE 04/05/2023 18747
EFT 04/13/2023
INVOICE 03/24/2023 869151506231
2 CHECK 04/13/2023
INVOICE 03/24/2023 81596700 WAXIE SANITARY
SUPPLY
CLEANING SUPPLIES - FD $445.64

VOYAGER FLEET

SYSTEMS INC
CNG & FUEL PURCHASE $916.76
CHECK NUMBER 10012205 $916.76
CHECK NUMBER 10012274 $40.01

VOHNE LICHE
KENNELS, INC.

MONTHLY TRAINING - MARCH 2023 $200.00
EFT NUMBER 4773 $200.00
CHECK NUMBER 10012273 $126.12
04/11-05/10 MIS BROADBAND SVC $40.01
CHECK NUMBER 10012272 $524.27
4/11-5/10 CODE BROADBAND SVC BOOSTER $126.12
CHECK NUMBER 10012271 $2,332.61
04/11-05/10 BROADBAND SVCS $524.27
CHECK NUMBER 10012270 $1,136.62
03/05/2023-04/04/2023 MDC AIRCARDS $2,332.61
VERIZON WIRELESS 03/03/23-04/02/23 FD DATA CELL ACCESS $814.34 CHECK NUMBER 10012268 $814.34
03/11/23-04/10/23 FM DATA CELL ACCESS $120.03
CHECK NUMBER 10012269 $120.03
03/11/2023-04/10/2023 MDC AIRCARDS $1,136.62
OIL CHANGE, TIRE SRVC - D18 $308.35
EFT NUMBER 4848 $4,914.34
OIL AND FILTER CHANGE - C54 $164.04
VEHICEL MAINT - M18 $592.07
OIL AND FILTER CHANGE - C30 $116.40
TIRE SRVC, VALVE STEM - D49 $32.93
VEHICLE MAINT ENG 2007 GMC WO#850 $420.69
BRAKE REPLACEMENTS - C30 $509.42
VEHICEL MAINT - M18 $196.40
VEHICLE MAINT ENG 2008 FORD WO#840 $1,233.25
EFT NUMBER 4770 $580.05
VEHICLE MAINT ENG 2008 FORD WO#851 $1,340.79

VALLEY SMOG &

AUTO REPAIR
SMOG INSPECTION - C76 $48.75
TIRE MOUNT/BALANCE - C36 $30.00
OIL & FILTER CHANGE - D49 $116.35
SMOG INSPECTION - D47 $48.75
VEHICLE MAINT CODE 2020 FORD WO#890 $336.20
KEYS FOR GUN LOCKER - BARNETT $59.81
CHECK NUMBER 10012267 $304.82

VALLEY LOCK &
SAFE
KEYS FOR RANGE STAFF $11.75
AMPHITHEATRE - KEYS $57.64
SUPPLIES - KEYS - AMPHITHEATRE PK $19.85
MAINT - REPAIR LOCK IN HR - CIVCTR $130.00
KEYS - TRAFFIC BARNETT $25.77
ANNE WOODBERRY 2022 UUT REFUND $25.53
CHECK NUMBER 10012266 $25.53
STANLEY ASABEZ 2022 UUT REFUND $41.83
CHECK NUMBER 10012261 $41.83

UNDERGROUND

SERVICE ALERT

SOUTHERN

CALIFORNIA
DIGALERT TICKETS $181.50
DIGALERT TICKETS $59.18
DIGALERT TICKETS $206.00
DIGALERT TICKETS $59.18
EFT NUMBER 4769 $505.86

TECHNOLOGIES,
INC. EFT NUMBER 4768 $573.75

4.C.a
Packet Pg. 27
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 04/14/2023 81644906
EFT 04/27/2023
INVOICE 03/31/2023 SLS550483
CHECK 04/27/2023
INVOICE 03/06/2023 W51290
INVOICE 03/31/2023 W52195
EFT 04/27/2023
INVOICE 04/05/2023 010-54459
INVOICE 04/12/2023 010-54381
INVOICE 04/18/2023 010-54411
EFT 04/27/2023
INVOICE 04/03/2023 23030699
EFT 04/13/2023
INVOICE 03/23/2023 3693662
INVOICE 03/31/2023 3700908
EFT 04/13/2023
INVOICE 04/03/2023 3701697
INVOICE 04/04/2023 3703283
INVOICE 04/14/2023 3710289
INVOICE 04/14/2023 3710392
EFT 04/27/2023
INVOICE 04/14/2023 23-2008
EFT 04/27/2023
INVOICE 03/15/2023 586762330
INVOICE 04/15/2023 586787770
EFT 04/27/2023
INVOICE 10/28/2022 492
INVOICE 04/10/2023 515
CHECK 04/27/2023
INVOICE 04/01/2023 10734711
EFT 04/27/2023
INVOICE 03/30/2023 3302023Smith
CHECK 04/13/2023
INVOICE 04/07/2023 287241
CHECK 04/27/2023
INVOICE 04/17/2023 2023128
CHECK 04/27/2023
INVOICE 03/24/2023 26885
CHECK 04/13/2023
INVOICE 04/11/2023 33346
CHECK 04/13/2023
INVOICE 04/25/2023 33551
CHECK 04/27/2023
INVOICE 04/11/2023 33347
CHECK 04/13/2023
INVOICE 04/25/2023 33552
CHECK 04/27/2023
INVOICE 04/12/2023 2023-03A
WIRE 04/12/2023
INVOICE 04/13/2023 2023-03CC
WIRE 04/13/2023
INVOICE 04/10/2023 2023-03BKCD
WIRE 04/10/2023
INVOICE 04/11/2023 2023-03

WELLS FARGO
BANK N.A
BK CARDS PMT $25,073.24
WIRE NUMBER 9006475 $25,073.24
MAR23 CLIENT ANALYSIS $3,057.43

WELLS FARGO

MERCHANT

SERVICES LLC
MAR PROCESSING FEE $31.00
WIRE NUMBER 9006484 $31.00
MAR PROCESSING FEE $6,369.67
WIRE NUMBER 9006485 $6,369.67

COLONIAL LIFE &

ACCIDENT

INSURANCE

COMPANY
PAYROLL RUN 1 - WARRANT 230411 $5,032.29
CHECK NUMBER 10012170 $5,032.29
PAYROLL RUN 1 - WARRANT 230425 $4,878.59
CHECK NUMBER 10012222 $4,878.59
BASIC CDA PAYROLL RUN 1 - WARRANT 230411 $3,518.32
CHECK NUMBER 10012154 $3,518.32
PAYROLL RUN 1 - WARRANT 230425 $3,408.70
CHECK NUMBER 10012212 $3,408.70

TURNOUT

MAINTENANCE

COMPANY
UNIFORMS - FD $1,168.00
CHECK NUMBER 10012204 $1,168.00

NEXT LEVEL TURF &

PLANT CARE
WEED ABATEMENT - VARIOUS MEDIANS $2,230.00
CHECK NUMBER 10012246 $2,230.00

KEENAN &

ASSOCIATES
OPEN ENROLLMENT SITE - AIRBO $875.00
CHECK NUMBER 10012241 $875.00

KC'S LAWNMOWER

SHOP, LLC
SUPPLIES - MOTO MIX - FD $268.69
CHECK NUMBER 10012181 $268.69

GARDA CL WEST,
INC.

APR23 SERVICES $256.71
EFT NUMBER 4806 $256.71

DESERT ANTS
ENGINEERING, INC.

CONCRETE PADS - AMPHITHEATER $2,750.00
VISTA CHINO/LANDAU SIDEWALK REPAIR $19,380.00
CHECK NUMBER 10012224 $22,130.00

DE LAGE LANDEN

FINANCIAL SVC
2/15/23-3/14/23 CISCO LEASE/PURCH PMT
847344
$10,161.53
3/15/23-4/14/23 CISCO LEASE/PURCH PMT
847344
$10,161.53
EFT NUMBER 4799 $20,323.06
EFT NUMBER 4853 $2,838.85
DAWN OIL SHARPS & MEDICATIONS DISPOSAL $1,594.00
EFT NUMBER 4798 $1,594.00
CPR STAT-PADZ ELECTRODE $799.75
PEDI-PADZ ELECTRODES $328.99

ZOLL MEDICAL
CORP.

CPR STAT-PADZ ELECTRODE $799.75
PEDI-PADZ ELECTRODES $1,128.74
EFT NUMBER 4778 $1,928.49
MICROSTREAM ORAL-NASAL CO2 FILTER LINE $551.60
SINGLE USE SENSOR FOR PEDIATRICS $1,158.51

WITTMAN

ENTERPRISES LLC
MAR2022 BILLING SERVICE $10,648.00
EFT NUMBER 4776 $10,648.00

WILLDAN FINANCIAL

SERVICES
FY21/22 ANNUAL DISCLOSURE SVCS $4,000.00
FY21/22 ANNUAL DISCLOSURE SVCS $2,700.00

NOTICE OF OCCURR OF LISTED EVENT DISCL
SVCS
$250.00
EFT NUMBER 4852 $6,950.00
WESTERN PUMP CSA -30 DAY DESIGNATED UST OPERATOR
INSP 3/1/23
$225.00
CSA -30 DAY DESIGNATED UST OPERATOR
INSP 3/29/23
$225.00
EFT NUMBER 4851 $450.00
WELLDYNE RX 03/16-31 SHARP'S DISPOSAL PROGRAM $21.16
CHECK NUMBER 10012275 $21.16
SUPPLY CLEANING SUPPLIES - FD $814.35
EFT NUMBER 4849 $1,259.99

4.C.a
Packet Pg. 28
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) WIRE 04/11/2023
INVOICE 03/31/2023 592-001664
EFT 04/27/2023
INVOICE 03/27/2023 23954
CHECK 04/13/2023
INVOICE 03/27/2023 57738
EFT 04/27/2023
INVOICE 04/27/2023 GEM0523Q9E
C
WIRE 04/27/2023
INVOICE 03/09/2023 030923
INVOICE 03/09/2023 030623
INVOICE 03/09/2023 030723
INVOICE 03/23/2023 032323
INVOICE 03/30/2023 033023
INVOICE 03/30/2023 032923
EFT 04/13/2023
INVOICE 04/05/2023 040523
INVOICE 04/07/2023 040723
INVOICE 04/14/2023 041423
EFT 04/27/2023
INVOICE 04/12/2023 050123
EFT 04/13/2023
INVOICE 04/13/2023 030123A
EFT 04/27/2023
INVOICE 04/10/2023 Dfb942
CHECK 04/27/2023
INVOICE 04/21/2023 1313
EFT 04/27/2023
INVOICE 04/08/2023 7143
CHECK 04/13/2023
INVOICE 03/23/2023 5161746A
CHECK 04/13/2023
INVOICE 03/31/2023 2022 UUT
CHECK 04/27/2023
INVOICE 11/06/2022 13479014
INVOICE 04/09/2023 14120830
CHECK 04/27/2023
INVOICE 03/31/2023 2022 UUT
CHECK 04/27/2023
INVOICE 04/10/2023 3217281
EFT 04/27/2023
INVOICE 04/03/2023 INV-13137
EFT 04/13/2023
INVOICE 04/04/2023 33247
WIRE 04/05/2023
INVOICE 04/11/2023 33348
WIRE 04/12/2023
INVOICE 04/25/2023 33553
WIRE 04/26/2023
INVOICE 03/31/2023 IS645517
EFT 04/27/2023
INVOICE 04/12/2023 5948
EFT 04/27/2023
STC TRAFFIC, INC HAWK CROSSING RAMON 3.23 $360.29
EFT NUMBER 4846 $360.29
WIRE NUMBER 9006492 $137,419.48

ALTA LANGUAGE
SERVICES, INC.
03/14/2023 BILINGUAL TEST $66.00
EFT NUMBER 4781 $66.00

UNITED STATES

TREASURY
PAYROLL RUN 2 - WARRANT 230404 $151,320.00
WIRE NUMBER 9006472 $151,320.00
PAYROLL RUN 1 - WARRANT 230411 $181,694.74
WIRE NUMBER 9006481 $181,694.74
PAYROLL RUN 1 - WARRANT 230425 $137,419.48
FLOCK GROUP, INC. (1) FLOCK FALCON CAMERAS &

IMPLEMENTATION
$2,850.00
EFT NUMBER 4723 $2,850.00

ATLANTIC RADIO

TELEPHONE
MAR23 SAT PHONE - FD $155.20
EFT NUMBER 4784 $155.20

UUT-MCAULEY,

MICHAEL
2022 UUT REFUND $100.05
CHECK NUMBER 10012264 $100.05

UNIVERSAL

PROTECTION

SERVICE, LP
CITYWIDE SECURITY SVC PATROL 10/22 $3,384.00
CITYWIDE SECURITY SVC PATROL 03/23 $3,384.00
CHECK NUMBER 10012210 $6,768.00

UUT-FLETCHER,
DIANE
2022 UUT REFUND $24.21
CHECK NUMBER 10012262 $24.21

TECH DATA

CORPORATION
RAPID RECOVERY SOFTWARE RENEWAL $1,141.98
CHECK NUMBER 10012199 $1,141.98

PROFESSIONAL

INTERPRETING, LLC
07/07;07/11;08/25;08/26/22 TRANSLATIONS-

VARIOUS
$251.94
CHECK NUMBER 10012190 $251.94

DECKARD

TECHNOLOGIES,
INC.

STVR - COMPLIANCE SERVICES $2,041.67
EFT NUMBER 4800 $2,041.67
DESERT FEED BAG K9 DOG FOOD $134.83
CHECK NUMBER 10012226 $134.83

MIDAMERICA

ADMINISTRATIVE &

RETIREMENT

SOLUTIONS
CATHCIHRA1G5 - RETIREE CONTRIBUTION MAY $129,605.84
EFT NUMBER 4741 $129,605.84
CATHCIHRA1G5 - ACTIVE CONTRIBUTION
MARCH
$10,800.00
EFT NUMBER 4826 $10,800.00
HOMELESS CAMP CLEAN-UP $3,975.00
EFT NUMBER 4840 $8,904.00
CIMARRON COMMUNITY - CLEAN UP $2,067.00
HOMELESS CAMP CLEAN-UP $2,862.00
HOMELESS CAMP CLEAN-UP $3,578.00
EFT NUMBER 4756 $14,148.00

SAME DAY EXPRESS
LLC
HOMELESS CAMP CLEAN-UP $3,578.00
VARIOUS LOCATION - CLEANUP ASSIST PROG $954.00
SPECIAL PROJECT - PANORAMA PK $1,350.00
HOMELESS CAMP CLEAN-UP $3,578.00
VARIOUS LOCATION - CLEANUP ASSIST PROG $1,110.00

CA DEPT OF HEALTH

CARE SERVICES
Q4 FY22-23 GEMT QAF FEE $36,027.18
WIRE NUMBER 9006486 $36,027.18

UNIFORMS PLUS,
INC.

UNIFORMS - FD $1,752.99
EFT NUMBER 4847 $1,752.99

EL GRANDE METAL,
INC.

SUPPLIES - VISTA CHINO WASH $485.82
CHECK NUMBER 10012176 $485.82

CLEANCOR

HOLDINGS LLC
MAR23 MAINT SERVICES CNG STATION $465.00
EFT NUMBER 4792 $465.00
WIRE NUMBER 9006479 $3,057.43

4.C.a
Packet Pg. 29
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 03/28/2023 230328-A
INVOICE 03/28/2023 230328-B
EFT 04/13/2023
INVOICE 03/29/2023 9803-0160-22
EFT 04/13/2023
INVOICE 03/22/2023 1623022
INVOICE 03/22/2023 1515178
INVOICE 03/22/2023 1623023
INVOICE 03/24/2023 9623214
INVOICE 03/30/2023 3610208
INVOICE 03/30/2023 3623836
INVOICE 04/03/2023 9510951
EFT 04/13/2023
INVOICE 03/29/2023 4014569
INVOICE 04/04/2023 8052881
INVOICE 04/13/2023 9611571
INVOICE 04/13/2023 9611572
INVOICE 04/17/2023 5064933
EFT 04/27/2023
INVOICE 03/31/2023 033123
CHECK 04/13/2023
INVOICE 04/04/2023 WO-11909
INVOICE 04/04/2023 WO-11910
INVOICE 04/04/2023 11909
INVOICE 04/04/2023 11910
INVOICE 04/24/2023 WO-11859
CHECK 04/27/2023
INVOICE 03/24/2023 33023731
INVOICE 03/24/2023 33023943
INVOICE 03/24/2023 33021725
INVOICE 03/30/2023 33023319
INVOICE 04/03/2023 35596599
EFT 04/13/2023
INVOICE 04/18/2023 35597704
EFT 04/27/2023
INVOICE 01/09/2023 923834
INVOICE 03/24/2023 923143
INVOICE 03/28/2023 960508
INVOICE 03/29/2023 923783
INVOICE 03/30/2023 989864
INVOICE 03/30/2023 923027
CREDIT
MEMO
04/03/2023 960508-A
CHECK 04/13/2023
INVOICE 04/05/2023 960704
INVOICE 04/05/2023 960702
INVOICE 04/06/2023 923222
INVOICE 04/17/2023 923194
CHECK 04/27/2023
INVOICE 04/01/2023 28
CHECK 04/13/2023
INVOICE 04/01/2023 048
CHECK 04/27/2023
INVOICE 04/13/2023 004CCNOEL GOETZ BEE REMOVAL - CIVCTR $450.00 CHECK NUMBER 10012242 $734.86
ARSEN

GUYUMDZHYAN
FLEET MAINT MARCH 2023 - 5 VEHICLES $90.00
CHECK NUMBER 10012158 $90.00
MAR23 CAR WASH $124.00
CHECK NUMBER 10012219 $124.00
SUPPLIES-HLO $110.38
SUPPLIES - FESTIVAL LAWN $406.43
SUPPLIES - PW $124.44
SUPPLIES - STREETS $93.61
RTN SUPPLIES - WIREMOLD CORD KIT - FD ($15.06)
CHECK NUMBER 10012184 $405.24
SUPPLIES - PD $57.54
SUPPLIES - SOCCER PARK $111.82
EFT NUMBER 4850 $66.00

LOWES HOME

IMPROVEMENT
SUPPLIES - SHELF BOOKCASE - FD $46.69
SUPPLIES - PW $65.59
SUPPLIES - WIREMOLD CORD KIT - FD $30.11
SUPPLIES - PUSH BROOMS, BUCKET - FD $108.55
EFT NUMBER 4775 $783.70
APR23 PW PEST CONTROL $66.00

RENTOKIL NORTH
AMERICA, INC.

MAR23 CIV CTR PEST CONTROL $265.60
MAR23 AMPHITHEATRE PEST CONTROL $186.85
MAR23 CIV CTR-RODENT CONTROL $84.70
MAR23 STA 411 PEST CONTROL $66.00
MAR23 STA 412 PEST CONTROL $180.55
COMMERCIAL TRIP CHARGE $125.00
CHECK NUMBER 10012260 $1,025.00
COMMERCIAL DOOR SERVICE - FS 413 $225.00
COMMERCIAL DOOR SERVICE - FS 413 $225.00
EFT NUMBER 4811 $779.14

TRKR HOLDINGS,
INC.

TROUBLESHOOT DOOR - FS 411 $125.00
CHECK NUMBER 10012202 $125.00
COMMERCIAL DOOR REPAIR $225.00
COMMERCIAL DOOR REPAIR $225.00
MAINT - LLD 16 CENTURY PARK $5.03
ZIPWALL SPRNG LOADED 4 POLE - CIVCTR $391.12
SUPPLIES - PW $266.90
SUPPLIES - CLOCK BATTERIES - CIVCTR $16.25
EFT NUMBER 4726 $385.47
SUPPLIES - PW $99.84
SUPPLIES - KITCHN EXHST HEAD - FS 413 $282.96
SUPPLIES - PICTURE HANGER STRIPS $14.13

HOME DEPOT

CREDIT SERVICES
SUPPLIES - FESTIVAL LAWN $8.45
SUPPLIES - SOCCER PARK $11.85
SUPPLIES - DRINKING FOUNTAIN - FS 411 $6.41
FIRE CHIEF OFFICE OUTLT COVRS - FS 410 $45.30
EXHAUST HEAD DUCT TAPE - FS 413 $16.37

ADVANTEC

CONSULTING

ENGINEERS INC
HSIP CYCLE 9A 2.28.23 $6,042.85
EFT NUMBER 4702 $6,042.85
VICENTE MERCADO ELECTSUPPLIES - AMPHITHEATER $3,704.56
ELECTSUPPLIES - AMPHITHEATER $3,170.00
EFT NUMBER 4772 $6,874.56

4.C.a
Packet Pg. 30
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) CHECK 04/27/2023
INVOICE 03/08/2023 8-2209700
EFT 04/13/2023
INVOICE 03/22/2023 34845695
EFT 04/13/2023
INVOICE 02/22/2023 34273763
INVOICE 04/07/2023 35243070
EFT 04/27/2023
INVOICE 03/30/2023 2023-0330
INVOICE 04/12/2023 2023-0413
EFT 04/13/2023
INVOICE 02/28/2023 2023-44
INVOICE 04/04/2023 2023-55
EFT 04/27/2023
INVOICE 03/31/2023 2023-CC-02
EFT 04/13/2023
INVOICE 04/01/2023 2303
EFT 04/13/2023
INVOICE 12/07/1942 45019
CHECK 04/27/2023
INVOICE 10/19/2022 82440
INVOICE 11/21/2022 83283
EFT 04/27/2023
INVOICE 03/21/2023 161162
EFT 04/13/2023
INVOICE 03/30/2023 5
CHECK 04/27/2023
INVOICE 02/20/2023 20223189
EFT 04/27/2023
INVOICE 04/01/2023 2023-1
CHECK 04/13/2023
INVOICE 03/13/2023 INV-220511-
0038568
EFT 04/13/2023
INVOICE 04/11/2023 INV-220511-
0038570
EFT 04/27/2023
INVOICE 04/07/2023 22-4721
CHECK 04/27/2023
INVOICE 03/21/2023 216859
EFT 04/13/2023
INVOICE 04/01/2023 2023-003
EFT 04/13/2023
INVOICE 03/31/2023 052702033123
CHECK 04/13/2023
INVOICE 03/30/2023 378487033023
CHECK 04/13/2023
INVOICE 03/24/2023 336787032423
CHECK 04/13/2023
INVOICE 03/26/2023 335557032623
CHECK 04/13/2023
INVOICE 03/24/2023 578698032423
CHECK 04/13/2023 CHECK NUMBER 10012163 $319.98
CHECK NUMBER 10012162 $699.70
INTERNET ACCESS 03/24-04/23 $319.98
CHECK NUMBER 10012161 $267.62
FIBER SVC FS411 03/26-04/25 $699.70

CHARTER

COMMUNICATIONS

HOLDINGS, LLC
SPECTRUM RECEIVER DUAL 03/31-04/30 $27.36
CHECK NUMBER 10012159 $27.36
CITY HALL INTERNET 03/30-04/29 $2,363.67
CHECK NUMBER 10012160 $2,363.67
CABLE SVC FS411 03/24-04/23 $267.62
MARTIN MAGANA LAND USE ENTITLEMENT SVCS. $3,150.00
EFT NUMBER 4740 $3,150.00

WOODARD &
CURRAN, INC.

CWSRF PLANNING GRANT APP 2.23 $1,496.25
EFT NUMBER 4777 $1,496.25

PALM SPRINGS
PUMP, INC.

REPLACE MOTOR BEARINGS - CIVCTR $735.42
CHECK NUMBER 10012250 $735.42

CENTER FOR

INTERNET
SECURITY, INC.
400 CIS SERVICES MDR $2,000.00
EFT NUMBER 4711 $2,000.00
400 CIS SERVICES MDR $2,000.00
EFT NUMBER 4790 $2,000.00
WEXLER, PATRICIA PROF SVC - YOGA INSTRUCTOR $1,250.00
CHECK NUMBER 10012206 $1,250.00
BGF LLC ADS FOR LGBT DAYS-BANNER & NEWSLETTER $620.00
EFT NUMBER 4807 $620.00

HORIZONS
CONSTRUCTION CO.

INT'L INC.

AMPHITHEATER IMPROVEMENTS FINAL $34,624.00
CHECK NUMBER 10012237 $34,624.00

HR GREEN PACIFIC,
INC.

DPD PAVEMENT REHAB- DESIGN 3.23 $135,825.75
EFT NUMBER 4727 $135,825.75

INTERWEST

CONSULTING
GROUP, INC.

EDISON WORK TO WIDEN EPC 9.22 $13,740.00
EDISON WORK TO WIDEN EPC 10.22 $4,227.50
EFT NUMBER 4813 $17,967.50

GALLAGHER

BENEFIT SERVICES,
INC.

FLEET COORD, FIN SVCS CLASSIFICATION
REVIEW
$1,750.00
CHECK NUMBER 10012234 $1,750.00

MKASHIWAGI

CONSULTING, LLC
PROFESSIONAL SERVICE 3.23 $14,700.00
EFT NUMBER 4742 $14,700.00
DANIEL SALINERO TRANSLATION SERVICES - PW $187.36
EFT NUMBER 4766 $187.36

DEL VALLE
INFORMADOR, INC.
1/4 PAGE ADS FEB (4) FULL COLOR $800.00
1/4 PAGE ADS MARCH (5) FULL COLOR-JOIN

CATH CITY
$1,000.00
EFT NUMBER 4801 $1,800.00
RODRIGUEZ, RAUL VEHICLE REPAIR - M06 $250.00
AMBULANCE REPAIRS - SPRINGS & A/C $1,648.00
EFT NUMBER 4755 $1,898.00

LINDE GAS &
EQUIPMENT, INC.

CYLINDER RENT - PARAMEDIC $495.89
EFT NUMBER 4738 $495.89
CYLINDER RENT - PARAMEDIC $521.26
OXYGEN SUPPLIES - PARAMEDIC $741.53
EFT NUMBER 4822 $1,262.79
VERDE DESIGN, INC. DREAM HOMES PARK PROJECT 1.23 $42,592.50 EFT NUMBER 4771 $42,592.50
CHECK NUMBER 10012247 $450.00

4.C.a
Packet Pg. 31
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) INVOICE 03/30/2023 580611033023
CHECK 04/13/2023
INVOICE 03/22/2023 577542032223
CHECK 04/13/2023
INVOICE 04/01/2023 580603040123
CHECK 04/13/2023
INVOICE 03/28/2023 577559032823
CHECK 04/13/2023
INVOICE 03/26/2023 577567032623
CHECK 04/13/2023
INVOICE 03/27/2023 357627032723
CHECK 04/13/2023
INVOICE 04/07/2023 641868040723
CHECK 04/27/2023
INVOICE 04/07/2023 208143606
EFT 04/27/2023
INVOICE 03/31/2023 14843
CHECK 04/27/2023
INVOICE 03/31/2023 14
EFT 04/13/2023
INVOICE 04/06/2023 15
INVOICE 04/06/2023 16
INVOICE 04/20/2023 17
EFT 04/27/2023
INVOICE 03/31/2023 033123.06
EFT 04/13/2023
INVOICE 04/10/2023 5678
INVOICE 04/10/2023 5679
EFT 04/27/2023
INVOICE 04/01/2023 160470001040
123
EFT 04/13/2023
INVOICE 03/23/2023 1261013003
CHECK 04/13/2023
INVOICE 03/21/2023 INV005
INVOICE 03/28/2023 INV006
EFT 04/13/2023
INVOICE 04/03/2023 2023-04
WIRE 04/03/2023
INVOICE 03/30/2023 S112361
INVOICE 03/30/2023 S112362
INVOICE 03/30/2023 S112373
INVOICE 03/30/2023 S112375
INVOICE 03/30/2023 S112374
EFT 04/13/2023
INVOICE 03/27/2023 102
INVOICE 04/01/2023 103
CHECK 04/13/2023
INVOICE 03/30/2023 4056
EFT 04/13/2023
INVOICE 04/07/2023 2023-098 DESERT ELITE

ELECTRIC AND

REPLACED PEDESTAL -

RAMON&CATHEDRALCYN
$1,079.17

WATERSHAPE
CONSULTING, INC.

CONSULTING, FINAL - CIVCTR $1,800.00
EFT NUMBER 4774 $1,800.00
EFT NUMBER 4719 $5,110.03

APPLIED

FILTRATION LLC
SUPPLIES - WATER TREATMENT $1,701.99
MAR23 WATER TREATMENT $700.00
CHECK NUMBER 10012153 $2,401.99

DUTHIE ELECTRIC

SERVICE

CORPORATION
AUTOMATIC TRANSFER SWITCH - CIVCTR $812.95
AUTOMATIC TRANSFER SWITCH - FS 411 $812.95
REPAIRS - FS 411 $1,327.99
REPAIRS - FS 413 $560.98
REPAIRS - FS 412 $1,595.16

GLOBAL PAYMENTS
DIRECT, INC.

MAR23 SVCS FEES $96.35
WIRE NUMBER 9006471 $96.35
NICOLE CUHNEY YOGA IN THE PARK 03/21/23 $125.00
YOGA IN THE PARK 03/28/23 $125.00
EFT NUMBER 4747 $250.00

NICHOLS

CONSULTING

ENGINEERS, CHTD
PAVEMENT MGMT PROGRAM 2.23 $8,059.00
CHECK NUMBER 10012187 $8,059.00

CHARTER

COMMUNICATIONS

HOLDINGS, LLC
PSEC FIBER SVC 04/01-04/30 $1,450.91
EFT NUMBER 4712 $1,450.91

INLAND FLEET

SOLUTIONS, INC
ODYSSEY BATTERIES - FD $3,659.54
ANNUAL TRUCK MAINTENANCE $14,590.82
EFT NUMBER 4812 $18,250.36
EFT NUMBER 4815 $338.00

MAAS COMPANIES,
INC.

FACILITIES MASTER PLAN - MARCH 2023 $6,641.25
EFT NUMBER 4739 $6,641.25

JOSE ARMANDO JR

RIVERA GONZALEZ
FLEET MAINT-CAR WASH (14) $224.00
EFT NUMBER 4730 $224.00
FLEET MAINT-CAR WASH (4) $98.00
FLEET MAINT-CAR WASH (5) $80.00
FLEET MAINT-CAR WASH (10) $160.00

CLIENTFIRST

CONSULTING

GROUP, LLC
PRELIMINARY INITIATIVES & STAFF REVIEW $5,983.75
CHECK NUMBER 10012221 $5,983.75
CHECK NUMBER 10012220 $219.98

SIMPLOT AB RETAIL
INC.

SUPPLIES - SOCCER PARK $1,718.25
EFT NUMBER 4841 $1,718.25
CHECK NUMBER 10012169 $319.98
INTERNET SVC 04/07-05/06 $219.98
CHECK NUMBER 10012168 $699.70
INTERNET SVC 03/27-04/26 $319.98
CHECK NUMBER 10012167 $699.70
FIBER SVC PW 03/26-04/25 $699.70
CHECK NUMBER 10012166 $267.62
FIBER SVC FS 413 03/28-04/27 $699.70
CHECK NUMBER 10012165 $699.70
CABLE SVC FS413 04/01-04/30 $267.62
CHECK NUMBER 10012164 $262.15
FIBER SVC FS412 03/22-04/21 $699.70
CABLE SVC FS412 03/30-04/29 $262.15

4.C.a
Packet Pg. 32
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) CHECK 04/27/2023
INVOICE 04/17/2023 1011
CHECK 04/27/2023
INVOICE 03/29/2023 84906500
CHECK 04/27/2023
INVOICE 03/23/2023 2103853
EFT 04/13/2023
INVOICE 03/31/2023 2022 UUT
CHECK 04/27/2023
INVOICE 03/31/2023 3018-216970
CHECK 04/27/2023
INVOICE 03/22/2023 106
EFT 04/13/2023
INVOICE 04/11/2023 108
EFT 04/27/2023
INVOICE 02/27/2023 1
CHECK 04/13/2023
INVOICE 03/21/2023 1
CHECK 04/13/2023
INVOICE 03/28/2023 1
CHECK 04/13/2023
INVOICE 03/28/2023 1
CHECK 04/13/2023
INVOICE 03/30/2023 1
CHECK 04/13/2023
INVOICE 03/31/2023 20230331
EFT 04/13/2023
INVOICE 03/31/2023 2022 UUT
CHECK 04/27/2023
INVOICE 03/23/2023 813
EFT 04/27/2023
INVOICE 04/01/2023 27581
EFT 04/27/2023
INVOICE 03/22/2023 1DWW-4XT7-
16FG
EFT 04/27/2023
INVOICE 04/25/2023 20230425
CHECK 04/27/2023
INVOICE 02/21/2023 S22277
INVOICE 02/21/2023 S22250
EFT 04/27/2023
100-300-310-311-8500-8503 INTERNET $5,583.83 100-300-310-311-8600-8601 PROFESSIONAL & TECHNICAL SVCS $1,974.50 100-100-130-134-8200-8221 NONCAPITAL EQUIP - COMPUTERS $1,500.00 100-300-310-312-8200-8201 MATERIALS & SUPPLIES $468.15 100-100-150-152-8200-8201 MATERIALS & SUPPLIES $31.03 100-100-150-152-8200-8221 NONCAPITAL EQUIP - COMPUTERS $585.93 FUND 100 GENERAL FUND
100-300-310-312-8600-8601 PROFESSIONAL & TECHNICAL SVCS $2,463.70 100-300-310-312-8400-8401 FLEET MAINTENANCE & OPERATIONS $7,149.67 100-100-150-155-8200-8201 MATERIALS & SUPPLIES $141.73 100-100-150-157-8200-8201 MATERIALS & SUPPLIES $391.82 DEMAND MONTHLY TOTALS $6,288,151.47 $6,288,151.47

DISTRIBUTION SUMMARY

GREENFIELDS

OUTDOOR FITNESS,
INC.

CC SOCCER PARK - OUTDOOR FITNESS
EQUIPM.
$45,730.05
OCOTILLO PARK - OUTDOOR FITNESS EQUIPM. $6,908.76
EFT NUMBER 4810 $52,638.81

PHILIP RAYMOND

TABOADA
SIDEWALK REPAIR CDBG PROGRAM $800.00
CHECK NUMBER 10012252 $800.00

AMAZON CAPITAL
SERVICES, INC.

SUPPLIES - CODE $35.83
EFT NUMBER 4782 $35.83
NEXTREQUEST, LLC 3 FREE MONTHS,APP CONFIG,2 WEB TRAINING

SESSIONS
$1,500.00
EFT NUMBER 4831 $1,500.00

LA PRENSA HISPANA
INC.

VIA DE ANZA PHASE II $1,485.00
EFT NUMBER 4817 $1,485.00

UUT - THOMAS

POLLOCK
2022 UUT REFUND $3.84
CHECK NUMBER 10012265 $3.84
TAULI ANDERSON TA PRODUCTION APRIL 2023 VIDEO $500.00
EFT NUMBER 4765 $500.00
LOPEZ, ARTURO CC WATERSMART LANDSCAPES $500.00
CHECK NUMBER 10012183 $500.00
WOLLERT, STEVEN CC WATERSMART LANDSCAPES $500.00
CHECK NUMBER 10012207 $500.00
DOWNEY, MORTON CC WATERSMART LANDSCAPES $500.00
CHECK NUMBER 10012175 $500.00
RAD, NASSER CC WATERSMART LANDSCAPES $500.00
CHECK NUMBER 10012191 $500.00
INGRAM, NORMAN CC WATERSMART LANDSCAPES $500.00
CHECK NUMBER 10012179 $500.00
MICHELLE L. COLEY PRE-EMPLOYMENT POLYGRAPHS -

CASTANEDA, RAMOS
$500.00
EFT NUMBER 4750 $500.00
PRE-EMPLOYMENT POLYGRAPHS - SIERRA $250.00
EFT NUMBER 4835 $250.00

O'REILLY AUTO

ENTERPRISES, LLC
FLEET SUPPLIES - SPLITTER, CAR CHARGER $49.99
CHECK NUMBER 10012248 $49.99

UUT - ROZALIND

HOLBROOK
2022 UUT REFUND $48.38
CHECK NUMBER 10012263 $48.38

PTS PROVIDERS,
INC.

APR23 PUBLIC PAYPHONE $35.00
EFT NUMBER 4753 $35.00

BOUND TREE

MEDICAL LLC
MEDICAL SUPPLIES - IV SOLUTION $264.69
CHECK NUMBER 10012216 $264.69

MAKE POST RUSH
LLC
BANNERS FOR STATE OF THE CITY $540.00
CHECK NUMBER 10012244 $540.00

ELECTRIC AND
CONSTRUCTION, CHECK NUMBER 10012225 $1,079.17

4.C.a
Packet Pg. 33
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) 100-100-110-111-8700-8701 CONFERENCE/MEETING/TRAINING $43.07 100-100-130-132-8700-8706 MEMBERSHIPS $41.75 100-400-480-481-8200-8201 MATERIALS & SUPPLIES $16,767.29 100-100-130-131-8700-8701 CONFERENCE/MEETING/TRAINING $42.85 100-900-910-911-8300-8327 CREDIT CARD FEES $6,497.02 100-100-140-141-8300-8301 MAINTENANCE AND OPERATIONS $1,193.14 100-300-330-331-8500-8503 INTERNET $814.34 100-300-330-331-8300-8301 MAINTENANCE AND OPERATIONS $2,178.63 100-300-330-334-8200-8216 SHOP SUPPLIES $24,572.41 100-300-330-331-8600-8601 PROFESSIONAL & TECHNICAL SVCS $300.00 100-300-330-334-8600-8601 PROFESSIONAL & TECHNICAL SVCS $46,785.18 100-300-330-332-8400-8401 FLEET MAINTENANCE & OPERATIONS $22,585.80 100-300-330-332-8200-8201 MATERIALS & SUPPLIES $1,528.68 100-300-330-332-8200-8217 UNIFORMS AND SAFETY GEAR $4,240.26 100-300-330-331-8500-8506 TRASH/OTHER UTILITIES $797.39 100-500-510-511-8500-8503 INTERNET $859.94 100-100-140-142-8300-8301 MAINTENANCE AND OPERATIONS $9,162.92 100-100-140-142-8500-8503 INTERNET $7,582.48 100-100-140-135-8200-8220 ADVERTISING $540.00 100-100-150-156-8800-8802 INFRASTRUCTURE $20,000.00 100-100-130-132-8600-8601 PROFESSIONAL & TECHNICAL SVCS $3,159.00 100-100-140-135-8300-8301 MAINTENANCE AND OPERATIONS $619.37 100-100-140-142-8500-8506 TRASH/OTHER UTILITIES $27.36 100-100-130-132-8600-8621 PRE-EMPLOYMENT SERVICES $1,036.50 100-100-150-157-8400-8401 FLEET MAINTENANCE & OPERATIONS $398.20 100-100-150-155-8400-8401 FLEET MAINTENANCE & OPERATIONS $18.00 100-300-310-311-8300-8301 MAINTENANCE AND OPERATIONS $988.43 100-100-150-156-8400-8401 FLEET MAINTENANCE & OPERATIONS $3,048.73 100-900-910-911-6150-6154 UUT ELECTRICITY $143.53 100-100-150-156-8600-8601 PROFESSIONAL & TECHNICAL SVCS $183,122.26 100-300-330-331-8200-8201 MATERIALS & SUPPLIES $717.80 100-900-910-911-6150-6153 UUT GAS $32.95 100-100-130-134-8200-8220 ADVERTISING $1,346.40 100-100-130-132-8200-8220 ADVERTISING $1,000.00 100-100-110-113-8650-8658 COMMUNITY/PROGRAM ASSISTANCE $22,500.00 100-100-150-152-8200-8220 ADVERTISING $1,619.20 100-000-000-000-3120-3132 GARNISHMENTS $6,987.70 100-000-000-000-3120-3150 PENTAGRA 457 DEF COMP $22,775.74 100-000-000-000-3120-3123 SOC SECURITY TAX PAYABLE $1,158.92 100-000-000-000-3120-3125 MEDICARE TAX PAYABLE $84,758.64 100-000-000-000-3120-3124 STATE INCOME TAX PAYABLE $128,610.68 100-000-000-000-3120-3122 FEDERAL INCOME TAX PAYABLE $384,516.66 100-100-140-141-8600-8601 PROFESSIONAL & TECHNICAL SVCS $9,103.43 100-000-000-000-3120-3126 PERS CONTRIBUTION $392,116.07 100-100-150-157-8300-8301 MAINTENANCE AND OPERATIONS $1,850.09 100-100-150-157-8600-8601 PROFESSIONAL & TECHNICAL SVCS $2,327.42 100-400-410-411-8200-8218 SMALL TOOLS $99.84 100-000-000-000-3120-3130 SECTION 125 BENEFIT PLANS $16,837.90 100-400-410-411-8300-8301 MAINTENANCE AND OPERATIONS $44,135.47 100-500-510-511-8600-8601 PROFESSIONAL & TECHNICAL SVCS $1,500.00 100-300-310-311-8200-8201 MATERIALS & SUPPLIES $1,235.89 100-000-000-000-3150-3164 USE TAX PAYABLE- CITY ($84.20) 100-400-410-411-8200-8201 MATERIALS & SUPPLIES $2,522.74 100-300-310-313-8300-8301 MAINTENANCE AND OPERATIONS $1,723.29

4.C.a
Packet Pg. 34
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) 100-100-130-132-8300-8301 MAINTENANCE AND OPERATIONS $326.18 100-100-110-111-8300-8301 MAINTENANCE AND OPERATIONS $186.04 100-900-910-911-8200-8219 POSTAGE SHIPPING AND FREIGHT $5,000.00 100-900-910-911-8300-8301 MAINTENANCE AND OPERATIONS $54.62 100-100-150-156-8300-8301 MAINTENANCE AND OPERATIONS $576.31 100-000-000-000-2120-2124 PREPAID EXPENSES $1,141.98 100-000-000-000-3120-3139 NATIONWIDE 457 DEF COMP $27,879.98 100-100-150-156-8200-8201 MATERIALS & SUPPLIES $333.52 100-300-310-311-8700-8701 CONFERENCE/MEETING/TRAINING $17.35 100-500-510-511-8300-8301 MAINTENANCE AND OPERATIONS $1,690.00 100-100-130-131-8400-8401 FLEET MAINTENANCE & OPERATIONS $16.00 100-100-140-135-8400-8401 FLEET MAINTENANCE & OPERATIONS $16.00 100-900-910-911-8400-8401 FLEET MAINTENANCE & OPERATIONS $32.00 100-100-140-142-8400-8401 FLEET MAINTENANCE & OPERATIONS $16.00 100-400-480-481-8500-8501 ELECTRIC $9,838.67 100-100-110-111-8800-8802 INFRASTRUCTURE $17,850.00 100-300-330-331-8200-8217 UNIFORMS AND SAFETY GEAR $1,768.63 100-300-330-335-8500-8502 TELEPHONE $155.20 100-300-330-332-8300-8301 MAINTENANCE AND OPERATIONS $258.13 100-300-330-334-8400-8401 FLEET MAINTENANCE & OPERATIONS $5,067.15 100-100-140-142-8300-8326 EQUIPMENT LEASES $20,323.06 100-300-310-311-8600-8610 LEGAL FEES $3,401.00 100-100-130-133-8200-8220 ADVERTISING $1,587.50 100-100-130-133-8200-8209 SPECIAL REVENUE EXPENDITURES $1,161.38 100-300-330-331-8200-8219 POSTAGE SHIPPING AND FREIGHT $25.16 100-100-130-134-8200-8219 POSTAGE SHIPPING AND FREIGHT $16.01 100-100-150-152-8300-8326 EQUIPMENT LEASES $5.36 100-100-140-135-8300-8326 EQUIPMENT LEASES $5.35 100-100-150-157-8300-8326 EQUIPMENT LEASES $5.36 100-100-150-155-8300-8326 EQUIPMENT LEASES $5.36 100-900-910-911-6150-6152 UUT VIDEO (CABLE) $54.33 100-100-130-131-8700-8706 MEMBERSHIPS $100.00 100-000-000-000-3120-3146 ICMA ROTH 457 DEF COMP $460.00 100-900-910-911-6150-6151 UUT TELECOMMUNICATIONS $13.03 100-000-000-000-3120-3138 ICMA 457 DEF COMP $66,306.93 100-000-000-000-3120-3144 ICMA 401(A) DEF COMP $21,419.17 100-900-910-911-6400-6411 ANIMAL LICENSES ($6,506.00) 100-400-410-411-8200-8217 UNIFORMS AND SAFETY GEAR $119.84 100-100-150-150-8200-8209 SPECIAL REVENUE EXPENDITURES $4,657.00 100-300-310-317-8600-8601 PROFESSIONAL & TECHNICAL SVCS $22,905.05 100-100-150-150-3320-3331 COMMUNITY DEVELOPMENT DEPOSITS $4,657.00 100-100-150-150-6500-6529 PLANNING PLAN REVIEW ($4,657.00) 100-100-130-134-8600-8601 PROFESSIONAL & TECHNICAL SVCS $251.94 100-900-910-911-6500-6533 ADMIN SUPPORT REIMBURSEMENT ($459.17) 100-500-510-511-8500-8501 ELECTRIC $3,466.33 100-100-150-157-8500-8503 INTERNET $514.22 100-500-510-511-8500-8504 WATER $4,326.96 100-400-410-411-8500-8505 STREET UTILITIES INTERIOR $13,032.57 100-500-510-511-8200-8201 MATERIALS & SUPPLIES $4,119.95 100-500-510-511-9400-9416 TFR OUT 261 LAND/LIGHT DIST $13,166.99 100-400-480-481-8300-8301 MAINTENANCE AND OPERATIONS $72,616.64 100-400-480-481-8500-8503 INTERNET $120.03 100-100-130-132-8700-8701 CONFERENCE/MEETING/TRAINING $11.98 100-100-150-157-8700-8701 CONFERENCE/MEETING/TRAINING $27.00

4.C.a
Packet Pg. 35
Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) FLEET MAINTENANCE & OPERATIONS $1,166.20
243-400-460-461-8500-8504 WATER $245.21 FUND 241 SUB-TOTAL $28,029.16
FUND 243 MEASURE A TRANSPORTATION
243-400-460-461-8200-8217 UNIFORMS AND SAFETY GEAR $214.36 243-400-460-461-8300-8301 MAINTENANCE AND OPERATIONS $23,932.09 243-400-460-461-8200-8201 MATERIALS & SUPPLIES $2,453.72 243-400-460-461-8400-8401
241-400-460-461-8500-8504 WATER $245.24 241-400-460-461-8500-8501 ELECTRIC $17.66 FUND 241 GAS TAX / HIGHWAY USERS TAX
241-400-460-461-8200-8217 UNIFORMS AND SAFETY GEAR $214.32 241-400-460-461-8300-8301 MAINTENANCE AND OPERATIONS $23,932.08 241-400-460-461-8200-8201 MATERIALS & SUPPLIES $2,453.68 241-400-460-461-8400-8401 FLEET MAINTENANCE & OPERATIONS $1,166.18 FUND 236 PUBLIC EDUC & GOVT ACCESS
236-900-910-911-8300-8301 MAINTENANCE AND OPERATIONS $628.00 236-900-910-911-8600-8601 PROFESSIONAL & TECHNICAL SVCS $71.25 FUND 236 SUB-TOTAL $699.25
FUND 235 DEVELOPER FEES
235-500-510-511-9300-9301 TFR OUT 100 GENERAL FUND $53,127.34 235-000-000-000-3310-3311 DEFERRED REVENUE - BILLABLE $53,127.34 235-000-000-000-6450-6451 DEVELOPMENT IMPACT FEES ($53,127.34) FUND 235 SUB-TOTAL $53,127.34
FUND 233 TRAFFIC SAFETY
233-900-910-911-8600-8601 PROFESSIONAL & TECHNICAL SVCS $4,308.82 FUND 233 SUB-TOTAL $4,308.82
100-400-410-411-8500-8504 WATER $79.90 FUND 100 SUB-TOTAL $1,941,102.63
100-400-480-481-8500-8509 GAS $922.26 100-400-480-481-8500-8504 WATER $3,306.98 100-400-480-481-8600-8601 PROFESSIONAL & TECHNICAL SVCS $6,641.25 100-400-480-481-8500-8508 SOLAR $23,758.75 100-000-000-000-3150-3162 SALES TAX PAYABLE - STATE $495.10 100-000-000-000-3150-3163 USE TAX PAYABLE - COUNTY $36.63 100-100-140-142-8500-8502 TELEPHONE $4,358.22 100-300-330-334-8300-8301 MAINTENANCE AND OPERATIONS $1,017.15 100-300-310-311-8200-8219 POSTAGE SHIPPING AND FREIGHT $19.99 100-100-130-132-8200-8221 NONCAPITAL EQUIP - COMPUTERS $804.91 100-100-130-131-8200-8201 MATERIALS & SUPPLIES $117.71 100-100-140-141-8200-8201 MATERIALS & SUPPLIES $82.51 100-500-510-511-7400-7421 TFR IN 235 DEVELOPER FEES ($53,127.34) 100-300-310-311-8500-8502 TELEPHONE $216.71 100-900-910-911-6800-6802 INTEREST TO BE ALLOCATED $3,057.43 100-500-510-511-8800-8802 INFRASTRUCTURE $53,127.34 100-100-150-155-8600-8601 PROFESSIONAL & TECHNICAL SVCS $60,969.39 100-900-910-911-8500-8502 TELEPHONE $35.00 100-100-140-142-8200-8221 NONCAPITAL EQUIP - COMPUTERS $14.96 100-100-140-142-8600-8601 PROFESSIONAL & TECHNICAL SVCS $5,983.75 100-100-150-155-8300-8301 MAINTENANCE AND OPERATIONS $140.21 100-100-130-132-8200-8201 MATERIALS & SUPPLIES $83.86 100-100-130-133-8300-8301 MAINTENANCE AND OPERATIONS $186.05 100-100-150-152-8300-8301 MAINTENANCE AND OPERATIONS $140.20 100-100-130-134-8300-8301 MAINTENANCE AND OPERATIONS $186.05 100-100-130-131-8300-8301 MAINTENANCE AND OPERATIONS $186.05

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Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) FUND 453 ASSESSMENT DIST 04-01 DEBT SVC
FUND 452 ASSESSMENT DIST 03-01 DEBT SVC
452-900-910-911-8600-8604 ADMIN CONSULTING SERVICES $600.00 FUND 452 SUB-TOTAL $600.00
FUND 451 COMM FAC DIST 00-01 DEBT SVC
451-900-910-911-8600-8604 ADMIN CONSULTING SERVICES $1,000.00 FUND 451 SUB-TOTAL $1,000.00
FUND 449 ASSESSMENT DIST 01-01 DEBT SVC
449-900-910-911-8600-8604 ADMIN CONSULTING SERVICES $600.00 FUND 449 SUB-TOTAL $600.00
FUND 331 SUB-TOTAL $140,731.79
FUND 448 ASSESSMENT DIST 96-1 DEBT SVC
448-900-910-911-8600-8604 ADMIN CONSULTING SERVICES $600.00 FUND 448 SUB-TOTAL $600.00
SUCCESSOR AGENCY EXPENDITURES $212.30
331-100-150-155-8200-8209 SPECIAL REVENUE EXPENDITURES $48,840.00 FUND 261 SUB-TOTAL $14,153.16
FUND 331 CAPITAL PROJECTS
331-100-150-156-8800-8802 INFRASTRUCTURE $41,303.01 331-100-150-156-8600-8601 PROFESSIONAL & TECHNICAL SVCS $43,827.79 331-100-150-156-8200-8231 FEDERAL GRANT EXPENDITURES $6,548.69 331-100-150-156-8200-8232
261-500-510-511-8500-8505 STREET UTILITIES INTERIOR $4,308.28 261-500-510-511-8500-8507 STREET UTILITIES ARTERIAL $2,963.09 FUND 261 LANDSCAPE & LIGHTING DISTRICTS
261-500-510-511-8300-8301 MAINTENANCE AND OPERATIONS $17,769.47 261-500-510-511-8500-8504 WATER $2,279.14 261-500-510-511-7300-7301 TFR IN 100 GENERAL FUND ($13,166.99) 261-500-510-511-8500-8501 ELECTRIC $0.17 FUND 256 FIRE NON-GRANT AND OLD GRANTS
256-300-330-331-8200-8209 SPECIAL REVENUE EXPENDITURES $1,180.25 FUND 256 SUB-TOTAL $1,180.25
FUND 255 POLICE NON-GRANT
255-300-310-311-8200-8209 SPECIAL REVENUE EXPENDITURES $171.34 FUND 255 SUB-TOTAL $171.34
FUND 251 COMM DEV BLOCK GRANT
251-100-150-156-8600-8601 PROFESSIONAL & TECHNICAL SVCS $2,934.36 251-900-910-911-8650-8658 COMMUNITY/PROGRAM ASSISTANCE $800.00 FUND 251 SUB-TOTAL $3,734.36
FUND 248 ROAD REHAB & MAINT ACT
248-100-150-156-8800-8802 INFRASTRUCTURE $22,017.38 FUND 248 SUB-TOTAL $22,017.38
246-100-130-133-8300-8301 MAINTENANCE AND OPERATIONS $1,350.00 FUND 246 SUB-TOTAL $33,295.90
246-100-130-133-8600-8601 PROFESSIONAL & TECHNICAL SVCS $187.36 246-900-910-911-8200-8228 PRINTING $433.91 MATERIALS & SUPPLIES $1,236.45
246-900-910-911-8600-8620 ENVIRONMENTAL SERVICES $8,875.00 FUND 243 SUB-TOTAL $28,155.89
FUND 246 SOLID WASTE/RECYCLING
246-900-910-911-8650-8658 COMMUNITY/PROGRAM ASSISTANCE $4,567.00 246-900-910-911-8300-8301 MAINTENANCE AND OPERATIONS $6,490.02 246-900-910-911-8200-8209 SPECIAL REVENUE EXPENDITURES $10,156.16 246-900-910-911-8200-8201
243-400-460-461-8500-8505 STREET UTILITIES INTERIOR $126.65 243-400-460-461-8500-8501 ELECTRIC $17.66

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Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) TOTAL $6,288,151.47
FUND 711 SUB-TOTAL $31,616.34
FUND 999 SUSPENSE
999-000-000-000-3110-3110 P-CARD PAYABLE $25,073.24 FUND 999 SUB-TOTAL $25,073.24
FUND 711 SPECIAL DEPOSITS
711-000-000-000-3320-3326 MSHCP FEE $28,785.00 711-000-000-000-3320-3324 SMIP FEE $1,448.34 711-000-000-000-3320-3329 BSA FEE $989.00 711-000-000-000-3320-3336 STATE BUSINESS LICENSE FEE $394.00 FUND 612 SUB-TOTAL $3,882,343.42
FUND 613 TECHNOLOGY
613-000-000-000-2140-2146 CONSTRUCTION WORK IN PROCESS $573.75 FUND 613 SUB-TOTAL $573.75
612-100-122-122-8300-8305 GENERAL CLAIMS & JUDGMENTS $1,575.90 612-100-122-122-8020-8021 PERS $2,898,000.00 612-100-122-122-8020-8041 MEDICAL INSURANCE-RETIREE $151,263.08 612-100-122-122-8020-8033 WORKERS COMP INSURANCE $466,266.75 612-100-122-122-8020-8028 VISION INSURANCE-ACTIVE $3,142.87 612-100-122-122-8020-8040 VISION INSURANCE-RETIREE $1,946.98 612-100-122-122-8020-8027 DENTAL INSURANCE-ACTIVE $16,684.65 612-100-122-122-8020-8039 DENTAL INSURANCE-RETIREE $8,689.46 FUND 612 INSURANCE
612-100-122-122-8020-8029 LIFE INSURANCE $9,176.23 612-100-122-122-8020-8031 SHORT TERM DISABILITY INSURANC $11,550.41 612-100-122-122-8020-8030 LONG TERM DISABILITY INSURANCE $3,374.49 612-100-122-122-8020-8032 MEDICAL INSURANCE-ACTIVE $310,672.60 FUND 611 EQUIPMENT REPLACEMENT
611-000-000-000-2110-2123 FUEL - LIQUID $33,386.25 611-000-000-000-2120-2126 FUEL - CNG $964.01 611-000-000-000-8800-8801 EQUIPMENT $35,187.19 FUND 611 SUB-TOTAL $69,537.45
FUND 561 SUCCESSOR TO HOUSING FUNCTION
561-900-910-911-8300-8301 MAINTENANCE AND OPERATIONS $1,350.00 FUND 561 SUB-TOTAL $1,350.00
FUND 530 REDEVELOPMENT OBLIG RETIRE
530-900-910-911-8600-8604 ADMIN CONSULTING SERVICES $1,450.00 FUND 530 SUB-TOTAL $1,450.00
FUND 491 PUBLIC FIN AUTH DEBT SVC
491-900-910-911-8600-8604 ADMIN CONSULTING SERVICES $1,500.00 FUND 491 SUB-TOTAL $1,500.00
FUND 454 ASSESSMENT DIST 04-02 DEBT SVC
454-900-910-911-8600-8604 ADMIN CONSULTING SERVICES $600.00 FUND 454 SUB-TOTAL $600.00
453-900-910-911-8600-8604 ADMIN CONSULTING SERVICES $600.00 FUND 453 SUB-TOTAL $600.00

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Attachment: Demand Register Report April 2023 (3756 : Receive and File Payment of Claims and Demands for April 2023) CREDIT CARD STATEMENTS ATTACHED:

EMPLOYEES

ANNE AMBROSE

KEVIN BIERSACK

MICHAEL CONTRERAS

JOHN CORELLA

GEORGE CRUM

CHRISTINA HARRISON

RYAN HUNT

JENNIFER NELLIS

DEANNA PRESSGROVE

ROBERT RODRIGUEZ

CRAIG SANBORN

EUGENIA TORRES

STEPHEN TUMIR

ROBERT WILLIAMS

ZERO BALANCE ON CREDIT CARD
NO STATEMENT ISSUED:

TRACEY HERMOSILLO

JEREMY POWERS

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Cathedral City Page 1 of 2 Printed on 5/22/2023

Staff Report

City Council

Item No. 4.D

Meeting Date: May 24, 2023
From: Kevin Biersack, Financial Services Director
Title: Fiscal Year 2023/2024 Appropriations Limit, Gann Initiative Limitation

City Council

RECOMMENDATION:

To approve the City’s appropriations limit for the fiscal year (FY) 2023/2024, Gann Initiative Limitation.

BACKGROUND:

In 1979, one year after Proposition 13 was adopted, the voters approved Proposition 4, referred to as the Gann Initiative. This proposition is now Article XIIIB of the California Constitution. In June 1990, the original Article XIIIB (Proposition 4) and its implementing Chapter 1205/80 were modified by Proposition III and SB88 (Chapter 60/90). The Gann Initiative was aimed at government spending and places l imitations on appropriations of revenue from the “proceeds of taxes”. These proceeds are defined to include: (1) all tax revenues; (2) revenue from the investment of tax revenues; (3) revenue from user charges and regulatory fees to the extent it exceeds t he reasonable cost of providing the service; and (4) local government subventions received from the State.

In order to determine the “Gann Limit”, the City was required to establish a base year 1981/1982 appropriations limitation. Each year this limitatio n has been adjusted to reflect changes in population and the cost of living. Beginning with the 1990/1991 Appropriations Limit, the annual adjustment factors changed. Instead of using the lesser of California Per Capita Income of U.S. CPI to measure inflation, each city may choose:

• The growth in the California Per Capita Income, OR
• The growth in the non -residential assessed valuation due to new construction with the city.

In addition, instead of using only the population growth of the City, each city may choose to use the population growth within its County. These are both annual elections.

After determining the dollar limit, the budgeted or anticipated “tax revenues” are calculated and compared to the “Gann Limit”. If the City exceeds its “Gann Limit” in any

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Cathedral City Page 2 of 2 Printed on 5/22/2023
one year, they may avoid a tax refund if they fall sufficiently below the Limit in the next fiscal year. They then have two more years to refund any remaining excess by revising tax rates or fee schedules, or return monies already collected, or obtain a successful override vote.

DISCUSSION:

For fiscal year (FY) 2023/2024, staff estimates tax proceeds to be received, as well as tax proceeds appropriated by the City Council, will, as in prior years, continue to be under the legal limit. The City's appr opriations limit for FY 2023/2024 is established at $101,602,596, a 4.8 percent increase over the FY 2022/2023 limit. This is the maximum amount of tax proceeds the City will be able to receive and appropriate in the coming fiscal year. The City's appropriations subject to the limit for FY 2023/2024 are estimated to be $49,003,773. Therefore, the City's FY 2023/2024 adopted budget appropriations subject to the limit are $52,598,823 less than the appropriation limit.

FISCAL IMPACT:

None

ATTACHMENTS:

Gann Limit Resolution_FY24
Gann Limit_by fiscal year_FY24

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RESOLUTION NO. 2023-__

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY, CALIFORNIA, ESTABLISHING THE
CITY’S APPROPRIATION LIMIT FOR FISCAL YEAR 2023/2024

WHEREAS, Section 7910 of the Government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following year; and

WHEREAS, the appropriations limit for the preceding fiscal year was duly and regularly established as $96,953,579 by Resolution of the City Council; and

WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost -of-living and in population (City or County, whichever is greater).

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cathedral City as follows:

SECTION 1. The appropriations limit for the City of Cathedral City, as established in accordance with Section 7902(b) of the California Government Code, for the fiscal year 2023/2024 is $101,602,596.

SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropria tions limit for fiscal year 2023/2024 will be available to the public in the Finance Department of the Cit y and in the Office of the City Clerk at least fifteen days prior to this date.

APPROVED AND ADOPTED THIS _______ DAY OF _____________, 2023.

MAYOR

ATTEST: APPROVED AS TO CONTENT:

CITY CLERK DEPARTMENT HEAD

APPROVED:

CITY MANAGER

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Attachment: Gann Limit Resolution_FY24 (3755 : Fiscal Year 2023/2024 Appropriations Limit, Gann Initiative Limitation)

CATHEDRAL CITY
2023/24 GANN LIMIT CALCULATION
Per Capita % Change Factor
Income Change Population (CPI) or Per Capita Annual
Fiscal Year Factor Change Factor X Population Limitation 2000/2001 1.0491 1.0448 1.096 $29,578,598
2001/2002 1.0782 1.0360 1.117 $33,039,743
2002/2003 0.9873 1.0388 1.026 $33,885,800
2003/2004 1.0231 1.0369 1.061 $35,947,832
2004/2005 1.0328 1.0337 1.068 $38,378,098
2005/2006 1.0526 1.0387 1.093 $41,960,141
2006/2007 1.0396 1.0345 1.075 $45,126,714
2007/2008 1.0442 1.0331 1.079 $48,681,030
2008/2009 1.0429 1.0271 1.071 $52,145,298
2009/2010 1.0062 1.0144 1.021 $53,224,147
2010/2011 0.9746 1.0140 0.988 $52,598,465
2011/2012 1.0251 1.0181 1.044 $54,894,615
2012/2013 1.0377 1.0107 1.049 $57,573,658
2013/2014 1.0512 1.0100 1.062 $61,126,644
2014/2015 0.9977 1.0112 1.009 $61,669,096
2015/2016 1.0382 1.0129 1.052 $64,850,776
2016/2017 1.0537 1.0126 1.067 $69,194,262
2017/2018 1.0369 1.0156 1.053 $72,866,7920.000 $0
2018/2019 1.0367 1.0140 1.051 $76,598,577
2019/2020 1.0385 1.0117 1.051 $80,478,329
2020/2021 1.0373 1.0079 1.045 $84,139,664
2021/2022 1.0573 1.0091 1.067 $89,770,411
2022/2023 1.0755 1.0042 1.080 $96,953,579
2023/2024 1.0444 1.0034 1.048 $101,602,596
PURSUANT TO GOVERNMENT CODE SECTION 37200
2023/2024 Appropriations Subject to Limitation $49,003,773 Appropriations Limit $101,602,596
Amount Under Limit $52,598,823

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Attachment: Gann Limit_by fiscal year_FY24 (3755 : Fiscal Year 2023/2024 Appropriations Limit, Gann Initiative Limitation)

Cathedral City Page 1 of 2 Printed on 5/22/2023

Staff Report

City Council

Item No. 4.E

Meeting Date: May 24, 2023
From: Kevin Biersack, Financial Services Director
Title: Establish the Annual Special Tax for Fiscal Year (FY) 2023/2024 (Rio Vista Village)

City Council

RECOMMENDATION:

To adopt a Resolution of the Cathedral City Community Facilities District (CFD) No. 2000-1 (Rio Vista Village) establishing the annual special tax for FY 2023/2024

BACKGROUND:

When the Rio Vista Village project was approved, the City created CFD No. 2000 -1.

The District obtained $12,230,000 in bonds to provide the public infrastructure for the project. The properties within Rio Vista Village became responsible for the payment of the bond debt service, as well as some administrative costs. In the fall of 2000, the property owners (a majority owned by the original developer, Burnett companies) voted to approve this District and the assessments, at a maximum not-to-exceed rate.

DISCUSSION:

The properties are assessed annually through the County Tax Roll to provi de funds paying the debt service on the outstanding bonds. Each year, the City Council must authorize a Resolution to establish the levy and placement of the assessment on the County Tax Roll. This resolution must be approved to have the necessary funds required to meet the debt service. The assessments for FY 2023/2024 do not exceed the legally agreed-to maximum rates.

FISCAL IMPACT:

The assessments for FY 2023/2024 do not exceed the legally agreed-to maximum rates and are necessary to meet the debt ser vice obligations of the CFD. Should Council elect not to approve the resolution, the city’s General Fund would be obligated for approximately $328,954 in debt service this upcoming fiscal year.

ATTACHMENTS:

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FY2324-CathCity-CFD 2000-1-Reso to Client

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RESOLUTION NO. _____________________

RESOLUTION OF THE CITY OF CATHEDRAL CITY
COMMUNITY FACILITIES DISTRICT NO. 2000-1

ESTABLISHING ANNUAL SPECIAL TAX FOR
FISCAL YEAR 2023/2024

WHEREAS, the City of Cathedral City, located in Riverside County, California (hereinafter referred to as the "Legislative Body"), has initiated proceedings, held a public hearing, conducted an election, and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code o f the State of California. Community Facilities District No. 2000-1 shall hereinafter be referred to as the "District"; and, WHEREAS, this Legislative Body by Ordinance, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this Legislative Body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

SECTION 2. That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year (2023/2024) for the referenced District is hereby determined and established as set forth in the attached, referenced, and incorporated Exhibit "A".

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Attachment: FY2324-CathCity-CFD 2000-1-Reso to Client (3746 : Establish the Annual Special Tax for Fiscal Year (FY) 2023/2024 (Rio Vista SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Legislative Body and is not in excess of that as previously approved by the qualified electors of the District and is in compliance with Proposition 218, Section XIIID of the California State Constitution.

SECTION 4. That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following:

A. Payment of principal and interest on any outstanding authorized bonded indebtedness; and,
B. Necessary replenishment of bond reserve funds or other reserve funds; and, C. Payment of costs and expenses of authorized public facilities; and, D. Repayment of advances and loans, if appropriate; and, E. Payment of District administrative costs.

The proceeds of the special taxes shall be used as set forth above and shall not be used for any other purpose.

SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

SECTION 6. All monies above collected shall be paid into the District funds, including any bond fund and reserve fund.

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Attachment: FY2324-CathCity-CFD 2000-1-Reso to Client (3746 : Establish the Annual Special Tax for Fiscal Year (FY) 2023/2024 (Rio Vista SECTION 7. The Auditor of the County is hereby directed to enter in the next Co unty assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax" or by any other suitable designation, the installment of the special tax and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A".

SECTION 8. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties, and percentages so collected and from what property collected and also provide a statement of any percentages retained for the expense of making any such collection.

PASSED, APPROVED AND ADOPTED by the City Co uncil of the City of Cathedral City, California this ______ day of_____________, 2023 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
_________________________________________

MAYOR OF THE CITY OF CATHEDRAL CITY

ATTEST:

_______________________________________

CLERK OF THE CITY OF CATHEDRAL CITY
COMMUNITY FACILITIES DISTRICT 2000-1

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Attachment: FY2324-CathCity-CFD 2000-1-Reso to Client (3746 : Establish the Annual Special Tax for Fiscal Year (FY) 2023/2024 (Rio Vista EXHIBIT “A”

City of Cathedral City
Community Facilities District No. 2000-1
Fiscal Year 2023/2024 Special Tax Rates

MAXIMUM SPECIAL TAX RATE

1. Developed Property

a. Maximum Special Tax

The Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be the greater of (i) the amount derived by the application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax.

b. Assigned Special Tax

The Assigned Special Tax for Fiscal Year 2023/2024 for each Land Use Class is shown below in Table 1.

TABLE 1

Assigned Special Taxes for Developed Property
For Fiscal Year 2023/2024
Community Facilities District No. 2000-1

(1) The Assigned Special Tax rates above is increased by an amount equal to two percent (2%) of the amount in effect for the previous fiscal year. Please refer to section 1(d).

Land Use
Class Description Lot Size Assigned Special Tax
Per Unit/Acre (1)
1 Single Family Detached
Property
8,000 or more square
feet $2,232.76 per Unit
2 Single Family Detached
Property
6,000-7,999 square
feet $1,953.67 per Unit
3 Single Family Detached
Property
5,000-5,999 square
feet $1,604.79 per Unit
4 Single Family Detached
Property
Less than 5,000 square
feet $1,395.48 per Unit
5 Single Family Attached
Property Not Applicable $1,046.60 per Unit
6 Non-Residential
Property Not Applicable $13,939.54 per Acre

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Attachment: FY2324-CathCity-CFD 2000-1-Reso to Client (3746 : Establish the Annual Special Tax for Fiscal Year (FY) 2023/2024 (Rio Vista c. Backup Special Tax

The Fiscal Year 2023/2024 Backup Special Tax for an Assessor’s Parcel of Developed Property shall equal $13,939.54 per Acre.

d. Increase in the Assigned Special Tax and Backup Special Tax

On each July 1, commencing on July 1, 2001, the Assigned Special Tax and the Backup Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous fiscal year.

2. Undeveloped Properties, Taxable Property Owner Association Property, Taxable Public Property and Taxable Religious Property.

a. Maximum Special Tax

The Fiscal Year 2023/2024 Maximum Special Tax for Undeveloped Property, Taxable Property Owner Association Property, Taxable Public Property, and Taxable Religious Property in CFD No. 2000 -1 shall be $14,186.37 per Acre.

b. Increase in the Maximum Special Tax

On each July 1, commencing on July 1, 2001, the Maximum Special Tax for Undeveloped Property, Taxable Property Owner Association Property, Taxable Public Property, and Taxable Religious Property shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous fiscal year.

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Attachment: FY2324-CathCity-CFD 2000-1-Reso to Client (3746 : Establish the Annual Special Tax for Fiscal Year (FY) 2023/2024 (Rio Vista

Cathedral City Page 1 of 3 Printed on 5/22/2023

Staff Report

City Council

Item No. 4.F

Meeting Date: May 24, 2023
From: John Corella, Director of Engineering/Public Works Title: Ramon Bridge and Street Widening Project: Approval of Joint Use Agreement with Southern California Edison and
Underground funding.

City Council

RECOMMENDATION:

To approve the Joint Use Agreement (JUA) with Southern California Edison Company, for the relocation of Southern California Edison (SCE) facilities east of the intersection of Ramon Road and San Luis Rey Drive, and authorize the City Manager to execute the JUA; and, authorize the funding for the JUA relocation work in the amount of $158,742 which includes a 15% contingency for unforeseen construction costs with financial responsibilities apportioned to Coachella Valley Association of Governments (CVAG) in the amount of $119,056.50 and the City in the amount of $39,685.50, respectively.

BACKGROUND:

In 2009, the City entered into an agreement to partner with the City of Palm Springs to widen the Ramon Road cor ridor from San Luis Rey Drive to Candlewood Drive, as well as widening the Ramon Road Bridge over the Whitewater River Channel. The design for the widening of the Ramon Road Bridge over the Whitewater River Channel and associated street improvements project (Project) is currently 100% complete. The final right of ways necessary to complete the Project have either been acquired, cleared and/or are in the final stages, which will allow the Project to move forward.

In 2017, the City formed an Undergroun d Utility District to facilitate the use of SCE Rule 20A Tariff Funds to underground poles from Crossley Road to Agua Caliente Trail. That project used all available Rule 20A funds prior to the Rule 20A funding program being phased out.

Along the north s ide of Ramon Road , 130 feet east of San Luis Rey and continuing for 120 feet , Southern California Edison (SCE) owns and maintains an overhead power distribution line, including power poles with shared Spectrum and telecommunication lines. The proposed Pro ject requires roadway widening in this area and necessitates these facilities be either relocated or undergrounded similar to the undergrounding of the SCE lines east of Agua Caliente Trail. A location map is included as Exhibit “A.”

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DISCUSSION:

At this location, SCE, has prior rights on this small section of Ramon Road by virtue of an easement granted to the California Electric Power Company in 1947, by the subdivider of the original Palm Springs Country Club Estates Subdivision (attached).

That easement document predates the County of Riverside’s acceptance of this small portion of Ramon Road (all prior to City incorporation) . Consequently, SCE is not required to move its facilities at its own cost. As a result, the Project will have to absorb these power pole relocation costs with Project funding.

This undergrounding Project is proposing to relocate the SCE power lines, poles and related facilities outside of the original 1947 easement. Therefore, SCE requires the execution of a Joint Use Agreement ( JUA) (attached), which in effect, replaces SCE’s former easement area with a new area, as depicted in Exhibit “A” of the JUA and gives SCE the same rights in the new area as it had in the former easement. Please note the City and SCE have executed several similar JUAs in the past, usually in conjunction with prior transmission/distribution line relocations or undergrounding projects.

This portion of the Project is outside the eligible HBP federal funding area of the Project, but still within the overall Pr oject limits. Pu rsuant to the funding agreement with CVAG and Palm Springs for the Project , the local funding amounts will be 75% funded by CVAG with Regional Measure A funds and the remaining 25% apportioned share s divided between Palm Springs and Cathedral City.

SCE has provided a Relocation Cost Liability Letter, attached to this Staff Report detailing the estimated total cost of the relocation work at $137,742. In accordance with the CVAG funding agreement, CVAG will be responsible for $103,306.50 an d the City will be responsible for $34,435.50.

Staff is requesting City Council approve the Joint Use Agreement (JUA) with Southern California Edison Company for the relocation of Southern California Edison (SCE) facilities east of the intersection of Ram on Road and San Luis Rey Drive and authorize the City Manager to execute the JUA. Staff is also requesting City Council authorize the funding for the JUA relocation work in the amount of $158,742 which includes a 15% contingency for unforeseen construction costs with financial responsibilities apportioned to Coachella Valley Association of Governments (CVAG) in the amount of $119,056.50 and the City in the amount of $39,685.50, respectively.

FISCAL IMPACT:

The estimated cost for the SCE’s undergrounding work is $13 7,742. As this is an estimate, Staff is requesting an approximate 15% contingency for unforeseen construction costs in the amount of $21,000, bringing the total cost of the request to $158,742.

Thus, the estimated cost apportionment is as follows:

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CVAG (75%): $119,056.50 (331-100-150-156-8600-8601)
City (25%): $39,685.50 (331-100-150-156-8200-8232)

ATTACHMENTS:

Exhibit A Edison JUA sketch
1947 Edison easement
1329_Distribution Relocation Final Design TD1681386 Rev 1-29-2021_MC Comments 1329 - Cost Liability Letter Executed
Draft Edison JUA document Apr 23

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Attachment: Exhibit A Edison JUA sketch (3758 : SCE Joint Use Agreement for Ramon Road Bridge)

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Attachment: 1947 Edison easement (3758 : SCE Joint Use Agreement for Ramon Road Bridge)

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Attachment: 1947 Edison easement (3758 : SCE Joint Use Agreement for Ramon Road Bridge)

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Attachment: 1329_Distribution Relocation Final Design TD1681386 Rev 1-29-2021_MC Comments (3758 : SCE Joint Use Agreement for Ramon Road Bridge)

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Attachment: 1329 - Cost Liability Letter Executed (3758 : SCE Joint Use Agreement for Ramon Road Bridge)

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Attachment: 1329 - Cost Liability Letter Executed (3758 : SCE Joint Use Agreement for Ramon Road Bridge)

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENTARY TRANSFER TAX $ NONE (VALUE
AND CONSIDERATION LESS THAN $100.00)

DISTRICT

PALM SPRINGS

WORK ORDER
801564057
SERIAL No.
73262A

MAP SIZE
046-117

AFFECTS SCE

DOCUMENTS
________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM: 600-1926-1
APN: 677-430-040
APPROVED:

VEGETATION & LAND

MANAGEMENT
BY
SF
DATE
04/19/2023

273975

JOINT USE AGREEMENT

THIS AGREEMENT, made and entered into this day of , 20 , by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, s uccessor in interest to California Electric Power Company hereinafter called "Company", and the CITY OF CATHEDRAL CITY, a municipal corporation of the State of California, hereinafter called "City",

W I T N E S S E T H:

THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:

That certain Subdivision Right of Way easement recorded August 26, 1947, as Instrument No. 3201, in Book 847, Page 298 of Official Records, in the Office of the Riverside County Recorder, hereinafter referred to as "Company's Easement"; and

WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improveme nt of Ramon Road in said City, County of Riverside, State of California, hereinafter referred to as "highway right of way" , as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject t o Company's easement; and

WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or u se of s aid street or highway, and City desires to eliminate such interference or obstruction;

NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:

The location of Compan y's easement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred t o as "new underground location," and shown and designated as "A rea in Joint Use Agreement" on said print marked "Exhibit A".

City hereby agrees to pay for the total direct and indirect costs incurred by Company for relocating its facilities from Company's easement and reconstructing the same in the new location, including, but not limited to, th e cost of acquiring any easements or rights of way ov er private property.

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Attachment: Draft Edison JUA document Apr 23 (3758 : SCE Joint Use Agreement for Ramon Road Bridge) Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975

-2-
In consideration of the payment to Company of the cost of relocation as aforesaid, and upon acquisition of any and all easements over private property as may be r equired for the re location of Company's facilities to the new location, Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now i nstalled pursuant to Company's easement within said highway right of w ay. Company hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and i n the new location within said highway right of way, upon and subject to the terms and conditions herein contained.

City acknowledge s Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and eas ement to use, in c ommon with the public's use of said street or highway , said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reason able notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the traveling public.

In the event that th e future use of sa id highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such nece ssity and agree to reimburse Company on demand for its costs incurred i n complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the co st thereof, and upon approval of such plans by City, Company will promptly procee d to effect such rearrangement, relocation, reconstru ction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstru ction shall be req uired and City will (1) enter into a Joint Use Agreem ent on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed docu ment(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easemen t or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements.

City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's ti tle to said new lo cation or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reaso nable costs arising therefrom, such as, but not limited to, costs to acquir e any r ight of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence. City warrants that the City’s rights to the new location will allow the Company to exercise all the rights granted by the Company’s easement.

Except as expressly set forth h erein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere un duly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other part y. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction

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Attachment: Draft Edison JUA document Apr 23 (3758 : SCE Joint Use Agreement for Ramon Road Bridge) Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975

-3-
or maintenance of said st reet or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.

Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere wit h the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.

This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns.

IN WITNESS WHEREOF, the parties hereto have cau sed this agr eement to be executed in duplicate by their respective offi cers thereunto duly authorized, as of the day and year herein first above written.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By: _________________________________________
Monica Contreras
Real Estates & Facilities Advisor
Land Management Eastern Region
Vegetation & Land Management

CITY OF CATHEDRAL CITY,
a municipal corporation

By: _________________________________________
Charles P. McClendon, City Manager

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Attachment: Draft Edison JUA document Apr 23 (3758 : SCE Joint Use Agreement for Ramon Road Bridge) Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975

-4-
A notary public or other officer comple ting 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.

State of California )

County of )

On _______________________ before me, , a Notary Pu blic, personally appeared , 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 a nd 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 PERJU RY under the laws of the State of California that the foreg oing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________

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Packet Pg. 90
Attachment: Draft Edison JUA document Apr 23 (3758 : SCE Joint Use Agreement for Ramon Road Bridge) Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975

-5-
A notary public or other officer completing th is 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.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , 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 ack nowledged to me that he/she/they executed the same in his/her/the ir 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 _______________________________

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Packet Pg. 91
Attachment: Draft Edison JUA document Apr 23 (3758 : SCE Joint Use Agreement for Ramon Road Bridge) Joint Use Agreement
Between S. C. E., a corp. and
The City of Cathedral City
Affects SCE Document(s): 237975

-6-
A notary public or other officer completing this certi ficate 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.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , 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 PENAL TY 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 _______________________________

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Attachment: Draft Edison JUA document Apr 23 (3758 : SCE Joint Use Agreement for Ramon Road Bridge)

Cathedral City Page 1 of 3 Printed on 5/22/2023

Staff Report

City Council

Item No. 6.A

Meeting Date: May 24, 2023
From: John Corella, Director of Engineering/Public Works Title: Approve the CDBG FY 2023-2024 Annual Action Plan

City Council

RECOMMENDATION:

To approve the FY 2023 -2024 Communit y Development Block Grant (CDBG) Annual Action Plan for submittal to the U.S. Department of Housing and Urban Development (HUD); and, authorize the City Manager or designee to execute the required certifications; and, execute all funding agreements and doc uments consistent with the FY 2023-2024 Annual Action Plan.

BACKGROUND:

The Community Development Block Grant (CDBG) program, awarded from U.S.

Department of Housing and Urban Development (HUD), allows Cathedral City to carry out a wide range of commun ity development activities directed toward revitalizing neighborhoods, economic development, and improving community facilities and services, principally for low-to-moderate (low-mod) income individuals.

As an entitlement City, Cathedral City receives an nual entitlement funds to address the priority needs of the community which are outlined in the 5 -Year Consolidated Plan (Con Plan). In consistency with the 5 -Year Con Plan and as part of the Con Plan objectives, the Annual Action Plan (AAP) identifies how CDBG funds will be allocated in the upcoming fiscal year.

On February 27, 2023, HUD released the information on the City FY 2023 -2024 CDBG allocation in the amount of $569,557 . This year’s allocation is $46,062 lower than the City’s FY 2022-2023 CDBG allocation.

At the April 12, 2023 City Council Study Session, staff presented the draft of the proposed FY 2023 -2024 AAP to the City Council for review and comments. At this meeting, there were no modifications recommended by the City Council to the proposed FY 2023-2024 AAP.

Per the City’s adopted Community Participation Plan (CPP), an advertisement for “Notice of Availability for Review and Comments” (Notice) was published in the Desert

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Sun on April 16 and May 10, 2023. The Notice was posted at the fol lowing sites:

Cathedral City Civic Center; Cathedral City Senior Center; Boys and Girls Club of Cathedral City; and Cathedral City Library. The draft document of the FY 2023 -2024 AAP was also available to the public and the community at the Civic Center an d Cathedral City Library; and it was uploaded to the City website for a period of thirty (30) days.

DISCUSSION:

FY 2023-2024 AAP
For this fiscal year, City Staff is proposing the allocation of funds as shown in the following table:

ADMINISTRATIVE (≤20%) FUNDING
Planning and Administration $ 93,911
Inland Fair Housing and Mediation Board (IFHMB) $ 20,000 Total Funding Allocated $ 113,911

PUBLIC SERVICES (≤15%) FUNDING

Total Funding Allocated $ -

PUBLIC IMPROVEMENTS (>80%) FUNDING
Via De Anza Street Improvements Project, Phase III $ 445,646 Sidewalk Repair Assistance Program $ 10,000
Total Funding Allocated $ 455,646

TOTAL FUNDING $ 569,557

According to the Waiver of 24 CFR 91.105 and 24 CFR 91.115 that was sent to all entitlement grantees, the Community Participation Plan also requires the City hold one public hearing to allow anyone interes ted in the process an opportunity to share their opinion reg arding the types of programs and services described in the 5 -Year Consolidated Plan and the Annual Action Plan. A public hearing will be held tonight, May 24, 2023, during the regularly scheduled City Council meeting. Please note there were no public comments received during the 30-day commenting period.

FISCAL IMPACT:

All funding through the CDBG Program is on a reimbursement basis based on the Annual Action Plan entitlement amounts. The Public Improvement Via De Anza Project Phase III will be brought before the City Council for approval within FY 2023 -2024 for construction services. At this time, there is no fiscal impact.

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ATTACHMENTS:

FY 2023-2024 Final Draft Annual Action Plan

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FY 2023-2024 ANNUAL ACTION PLAN

SECOND PROGRAM YEAR

ENGINEERING DEPARTMENT
68-700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92253
(760) 770-0319

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Attachment: FY 2023-2024 Final Draft Annual Action Plan (3757 : Approve the CDBG FY 2023-2024 Annual Action Plan)

Annual Action Plan
2023
1 OMB Control No: 2506‐0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
Cathedral City is located between the cities of Palm Springs and Rancho Mirage in the west end of the Coachella Valley approximately 115 miles from Los Angeles. Incorporated in 1981, development in the City began in 1925 as a housing subdivision of Palm Springs. The City is currently the second most populous city in the Coachella Valley.

Although the Coachella Valley is known as a playground for the wealthy there are many residents at low-income levels, including senior citizens, large family households and single- parent households. These groups, plus continued diversification in demographics, have resulted in an increased need for housing resources. Potential conflicts among different groups can create fair housing and equal opportunity concerns. The City has traditionally used CDBG funds to help further fair housing choice, by partnering with a non-profit organization to provide fair housing education and other services.

The Community Development Block Grant (CDBG) Program is administered by the Department of Housing and Urban Development (HUD) and is authorized by Title I of the Housing and Community Development Act of 1974, as amended. CDBG is one of the longest continuously run programs at HUD. The grant program provides communities with resources through annual grants on a formula basis to address a broad range of unique community development needs. The primary objective of CDBG is to enhance and maintain urban communities through the provision of decent housing, a suitable living environm ent and the expansion of economic opportunities predominantly for persons or households of low to moderate income. Cathedral City is a CDBG Entitlement Community and receives direct annual allocations of CDBG program funds from HUD.

The Annual Allocation Plan serves as the City’s application for CDBG funds, outlining the proposed use and allocation of funds for Federal Fiscal Year 2023-2024.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The FY 2023-2024 Annual Action Plan (AAP) describes the proposed projects and goals the City plans to implement during Program Year (PY) 2023, the second year of the City’s Five-Year Consolidated Plan. The City will use its CDBG allocation to assist in the development of sustainable communities by supporting projects that objectives to provide decent housing, create sustainable living environments, and expansion of economic opportunities for low to moderate income persons. The City is required to adopt an Annual Action Plan for the use of these funds

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Attachment: FY 2023-2024 Final Draft Annual Action Plan (3757 : Approve the CDBG FY 2023-2024 Annual Action Plan)

Annual Action Plan
2023
2 OMB Control No: 2506‐0117 (exp. 09/30/2021)
which serves as the means to meet the application and submission requirements for the CDBG Program. Cathedral City does not receive ESG, HOME or HOPWA funding from HUD.

This Annual Action Plan outlines activities that will be undertaken during the program year beginning July 1, 2023 and ending on June 30, 2024. These activities will benefit low- to moderate-income residents, neighborhoods that are designated Target Areas, and City-wide benefits. The proposed projects and activities undertaken by the City meet the HUD national objectives specified to create suitable living environments, accessibility, removal of slum or blight, and are of urgent need.

Via De Anza Sidewalk Improvements:

For FY 2023-2024, the City of Cathedral City is proposing to make sidewalk improvements in a low- and moderate-income area of Census Tract 449.15 (Block Group 2) referred to as Via De Anza. Currently, Via De Anza is missing sections of sidewalk, curb, and gutter between Ortega Road and Dinah Shore. The construction of these sections provides a safe path of travel for residents in the area and improve drainage duri ng rain events. The proposed improvements are part of the third phase of this improvement project.

6.A.a
Packet Pg. 98
Attachment: FY 2023-2024 Final Draft Annual Action Plan (3757 : Approve the CDBG FY 2023-2024 Annual Action Plan)

Annual Action Plan
2023
3 OMB Control No: 2506‐0117 (exp. 09/30/2021)

CC LMSID Block Group Map

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Attachment: FY 2023-2024 Final Draft Annual Action Plan (3757 : Approve the CDBG FY 2023-2024 Annual Action Plan)

Annual Action Plan
2023
4 OMB Control No: 2506‐0117 (exp. 09/30/2021)

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

In FY 2021-2022, the City's Entitlement Award; $656,357 of CDBG Funding. CDBG funds were apportioned for community programs and services benefiting low- and moderate-income residents. The Program included activities that furthered fair housing choice, promoted health and wellness for the senior community, and provided homeless services for individuals and families, as well as increased economic development and accessibility through public improvements. The City spent $517,500 in CDB G-CV funds from the previous year’s funding. The CDBG-CV funds were used for public service and economic development.

Via De Anza Phase II
In FY 2022-2023, the City allocated CDBG funding for Via De Anza Street - Phase II.

Improvements included the removal of existing asphalt pavement, shaping, moisturizing, and compacting existing base material and asphalt paving, sidewalk gap closures, concrete driveway approaches, ADA compliant sidewalk ramps, and curb and gutter gap closures, as well as removal and reconstruction of garden walls. The City chose to use the largest share of the FY 2022-2023 CDBG allocation to continue improvements in the Via De Anza area through a second phase of the project.

Sidewalk Repair Assistance Program
In FY 2022-2023, The City started a sidewalk repair program to assist low- and moderate-income persons in CDBG eligible areas. The program was initially started with $15,000 in CDBG funds, and only one resident that completed this Program and claimed their voucher for this Program.

4. Summary of Citizen Participation Process and consultation process Prior to adopting a Consolidated Plan or Annual Action Plan, the City of Cathedral City will make available to citizens, public agencies, and additional interested parties a draft of these documents.

The draft plan will include information on the amount of assistance the jurisdiction expects to receive from HUD. It will also in clude explanations of each program that the City plans to apply for and the estimated amount of such funds benefiting low and moderate-income persons.

The City held a public hearing to gather citizens’ views and to respond to proposals and questions during different stages of the development of the Action Plan. This hearing covered topics regarding housing and community development needs , development of the proposed activities and review of program performance. Additional ly, the City encouraged feedback from residents and interested parties to submit written responses to the CDBG/Engineering Department during the 30-day public comment period..

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The Notice of Availability for Public Comment on the FY 2023-24 Draft Annual Action Plan was advertised in the Desert Sun, a newspaper of general circulation in English and Spanish and was available for review on the City’s website (www.cathedralcity.gov). The Draft Annual Action Plan was made available for public review and comment - for 30 days beginning April 16, 2023, through May 16, 2023. The Action Plan is also available electronically on the City's website.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

The Annual Action Plan was made available for public review and comment for a -30-day period beginning April 16, 2023 through May 16, 2023. No public comments were received during this period.

The City of Cathedral City held a public hearing on Wednesday, May 24, 2023 during its regularly scheduled City Council Meeting. City Council opened the public hearing to allow any member of the public to comment on the Annual Action Plan and its content. No public comments were received during the hearing.

6. Summary of comments or views not accepted and the reasons for not accepting them.

No public comments were received during this period.

7. Summary
The City of Cathedral City contacted its neighboring CDBG entitlement partners to see what each organization is doing to increase public participation in the Program. Based on the feedback gathered, many of the cities are adhering to their Citizen Participation Plan and are only allowing public input during public hearings and the required commenting period. The City will continue to explore other methods to encourage public participation and community input.

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency CATHEDRAL CITY
CDBG Administrator CATHEDRAL CITY Engineering Department HOPWA Administrator
HOME Administrator
HOPWA-C Administrator
Table 1 – Responsible Agencies

Narrative (optional)
Engineering Department: The Engineering Department serves as primary unit that manages the CDBG Program for the City.

Engineering is responsible for preparing the Assessment of Fair Housing, Consolidated Plan, Annual Action Plans (AAP), Consolidated Annual Performance Evaluation Reports (CAPER) and related repor ts. The Department coordinates all public improvements and ensures satisfactory product and service del ivery by all sub-recipients and contacto rs and commits to meeting HUD requirements in its entirety.

Consolidated Plan Public Contact Information
Name and Title: John A. Corella, P.E., Director of Engineering/Public Works Address: 68-700 Avenida Lalo Guerrero
Phone: 760-770-0327
Email: [email protected]

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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City typically reaches out to citizens, municipal officials, nonprofit agencies, public housing agencies, governmental agencies, and the Continuum of Care in preparing this plan. These meetings are summarized in the Citizen Participation Section of this plan.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City is continuing to seek opportunities in enhancing coordination between public and assisted housing providers and private and governmental health, mental health, and other service agencies:
 The Housing Authority of Riverside County provides residents throughout the County with rental assistance to those that are eligible based on income. The Authority administers the Section 8 Rental Assistance Program. They also own and operate the affordable housing projects throughout the County and collaborate with local jurisdictions with rehabilitating and upgrading multi-family housing units.
 Riverside County Continuum of Care is comprised of representatives from public, private, and nonprofit agencies including homeless and formerly homeless individuals that are committed to assisting in facilitating a continuum of care planning process throughout the County. This coalition assesses the need for affordable housing and homeless services countywide in order to provide a seamless delivery of services to those in need.  Department of Public and Social Services administers programs under the anti-poverty umbrella for the County of Riverside. The main goal for residents is to move them towards self-sufficiency and moving poor families from poverty. DPSS assists residents on many levels including childcare, education, em ployment training, health and human services, homeless and housing.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City will continue to do its best to coordinate and consult with the Riverside County Continuum of Care (CoC) to address the needs of the homeless populations. For this program year, the City is proposing to allocate approximately $100,000 in the City’s general fund budget for homeless support services to address the needs of homeless individuals and families that are at risk of being homeless. In addition, the City's Police Department has a homeless taskforce and resources to build cases for such homeless persons, document their needs, and offer the necessary assistance needed for them to get back on their feet and/or prevent homelessness.

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This joint effort has worked successfully in the past, and the City pledges its continuing support of the endeavor.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not administer ESG funds.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities.

The City will continue to coordinate and consult with the Riverside County Continuum of Care (CoC) to address the needs of the homeless populations. For this program year, the City is proposing to allocate approximately $100,000 in the City’s general fund budget for homeless support services to address the needs of homeless individuals and families that are at risk of being homeless. In addition, the City's Police Department has a homeless taskforce and resources to build cases for such homeless persons, document their needs, and offer the necessary assistance needed for them to get back on their feet and/or prevent homelessness.

This joint effort has worked successfully in the past, and the City pledges its continuing support of the endeavor.

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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Cathedral City Senior Center Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The City has been in contact with the Cathedral City Senior Center to collect input regarding the CDBG Program. Among some of the items discussed were the information in the Action Plan, public services, and available funding.
2 Agency/Group/Organization Angel View Inc.

Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Angel View previously provided programs and services to residents with disabilities. For the preparation of the Draft Action Plan, the City emailed an electronic version of the Plan for Angel View to review and provide feedback regarding the programs and services the City is proposing to fund.
3 Agency/Group/Organization COACHELLA VALLEY RESCUE MISSION Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy

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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
CVRM previously provided homeless services to individuals and families in Cathedral City. For the preparation of the Draft Action Plan, the City emailed an electronic version of the Plan to CVRM to review and provide feedback regarding the programs and services the City is proposing to fund.
4 Agency/Group/Organization Transgender Health and Wellness Agency/Group/Organization Type Services-Health
Services - Victims
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Transgender Health and Wellness Center previously provided mental health services to residents of the transgender community in Cathedral City. For the preparation of the Draft Action Plan, the City emailed an electronic version of the Plan to the Transgender Health and Wellness Center to review and provide feedback regarding the programs and services the City is proposing to fund.
5 Agency/Group/Organization Desert Access and Mobility
Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Desert Access and Mobility (previously Desert Blind) is seeking funding to provide services to the seeing impaired community of Cathedral City. For the preparation of the Draft Action Plan, the City emailed an electronic version of the Plan for Desert Access and Mobility to review and provide feedback regarding the programs and services the City is proposing to fund.

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Identify any Agency Types not consulted and provide rationale for not consulting All agencies required for consultation during the development of the FY 2022-2026 Consolidated Plan Process were contacted.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of
Plan
Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum
of Care
Riverside County
Board of
Governance
The City of Cathedral City allocates CDBG Federal funding for homeless services which is also one of the main goals of Riverside County's Continuum of Care (CoC). In addition to the Board or Governance, the regional Program also has subcommittees that focus on various public services; one committee dedicated to ending homelessness.

Housing
Element
City of Cathedral
City
Based on the Regional Housing Needs Allocation (RHNA) set forth by the State of California, The Housing Element is the City's chief policy document for the development of affordable and market rate housing. Consistent with this policy document, the City will maintain and enhance the quality of existing residential neighborhoods through and promote and encourage fair housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition, or family size.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting.

The City of Cathedral City's citizen participation processes is outlined in the adopted Community Participation Plan (CPP). For the FY 2023-2024 Annual Action Plan, the City held a public hearing to gat her citizens’ views and to respond to proposals and question s during different stages of the development of the Action Plan. This hearing covered topics regarding housing and community development needs, development of the proposed activities and revi ew of program performance. Additionally, the City encouraged feedback from residents and interested parties to submit written responses to the CDBG/Engineering Department during the public comment period for the FY 2023-2024 Annual Action Plan.

The Notice of Availability for Public Comment on the FY 2023-24 Draft Annual Action Plan was advertised in the Desert Sun, a newspaper of general circulation, in English and Spanish and was av ailable for review on the City’s website (www.cathedralcity.gov).

The Draft Annual Action Plan was made available for public review and comment for a 30-day period beginning April 16, 2023, through May 16, 2023.

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Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted and
reasons
URL (If
applicable)
1 Newspaper
Ad
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing

Any interested
resident or agency
The Public Notice for
the Action Plan's 30-
day availability was
published in the local
Desert Sun
newspaper.

No comments
regarding the
publishing of the
newspaper ad.

No comments
regarding the
publishing of the
newspaper ad.

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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted and
reasons
URL (If
applicable)
2 Internet
Outreach
Minorities

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing

Any interested
resident or agency
A Public Hearing was
held for May 24, 2023
during the regularly
scheduled City
Council Meeting.

Information regarding
the Draft Action Plan
was made available
on the City's website
under "Engineering
News" and CDBG
webpage to
encourage public
participation.

No comments
regarding the
publishing of the
newspaper ad.

No comments
regarding the
publishing of the
newspaper ad.

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Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted and
reasons
URL (If
applicable)
3 Public
Hearing
Minorities

Non-English
Speaking - Specify
other language:

Spanish

Persons with
disabilities

Non-
targeted/broad
community

Residents of
Public and
Assisted Housing

All interested
parties.

A Public Hearing was
held for May 24, 2023
during the regularly
scheduled City
Council Meeting.

No comments
regarding the
publishing of the
newspaper ad.

No comments
regarding the
publishing of the
newspaper ad.

Table 4 – Citizen Participation Outreach

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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
One of the main challenges of meeting community needs is inadequate resources. As with most of the priority goals, the need far exceed the City’s available resources; that are not enough to address all the needs of low- and moderate-income persons or spec ial needs residents in the City. It is anticipated that Federal and private funding sources for housing and community development programs will remain limited economic conditions recover. Even under these circumstances, the City strives to make progress in implement ing its public improvement projects while meeting Consolidated Plan objectives.

Cathedral City is slated to receive an allocation of $569,557 for FY 2023-2024. Funds will be used primarily for public facilit y (infrastructure) improvements, fair housing activities and program administration. The proposed projects are primarily for the benefit of low- and moderate-income persons in Cathedral City.

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CBDG Program.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 2 Expected Amount
Available
Remainder
of Con
Plan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Public -
Federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements 569,557 0 0 569,557 1,185,176
The City did not have any
prior year resources.

Table 5 - Expected Resources – Priority Table

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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
Cathedral City does not receive HOME, or ESG grants and is not required to provide matching funds for these programs. While th e CDBG program does not require a match. The City seeks opportuni ties for ways to leverage CDBG funding with other funding to complete or expand activities and projects in low- and moderate-income areas. For activities and project that require matching funds, the City will utilize CDBG funds for such match(es) to benefit low- and moderate-income clientele or area. The City has tradit ionally used CDBG funds to support road and sidewalk improvements in low- and moderate-income areas, leveraging State and local transportation funds.

In FY 2023-2024 ,Cathedral City will leverage an amount greater than $95,000 in general revenue funds to area non-profit organizations to provide public services to assist homeless persons .This change in program funding and structure will allow the City to concentrate CDBG funds on much needed public facility (infrastructure) improvements in low- and moderate-income area and fair housing services.

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If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City’s Regional Housing Needs Assessment for 2022-2027 estimates that a total of 2,549 housing units will be built in Cathedral City. Of these, 1,199 are expected to be constructed for those of above moderate income. These units are expected to be market-driven and constructed as single-family units typical of those already in Cathedral City. As shown in the “Housing Costs and Affordability” analysis above, moderate income households in Cathedral can afford currently marketed housing in the community. The City has also identified sites for moderate income units in its land inventory to bolster the availability of these units during the planning period.

Data provided in the City’s General Plan offers a list of available parcels to meet the City’s RHNA allocation. The data below includes the Assessor’s Parcel Number (APN), acreage, and potential number of units that could be developed on each parcel. The table also provides a comparison of each site’s permitted density per the Development Code and the realistic density of the site, which has been adjusted to account for space required for infrastructure, open space, and the commercial components of the mixed-use zones. The City has an RHNA allocation of 893 units for low-, very-low- and extremely-low-income units. The inventory of sites could accommodate 1,088 lower-income units in the DTC, DRN, MXC, R-2 and R-3 zones, which exceeds the lower- income RHNA allocation.

Discussion
None.

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome
Indicator
1 Administration
and Fair
Housing
Activities

2023

2024
Administration
and Fair
Housing
Citywide Administration

Fair Housing
CDBG: $93,911
CDBG: $20,000
Public service
activities other
than
Low/Moderate
Income Housing
Benefit: 800
Persons
Assisted

2 Construct or
upgrade public
facilities and
infrastructure

2023

2024
Non-Housing
Community
Development
Census
Tract
044915

Citywide
Infrastructure
Community Facilities
(Public Facilities)
CDBG:$445,646

CDBG: $10,000
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Benefit:
2730
Low/Moderate
Income
Households :10

Table 6 – Goals Summary

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Goal Descriptions
1 Goal Name Administration and Fair Housing
Goal
Description
Funds will be used for CDBG program planning and administration. Funds in the amount of $20,000 will be allocated for Fair Housing Activities
2 Goal Name Construct or upgrade public facilities and infrastructure.

Goal
Description
Non-Housing low/mod area infrastructure. CDBG funds will be used for Improvements at Via De Anza ($445,646) and the Sidewalk Assistance Program ( $10,000)

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Projects
AP-35 Projects – 91.220(d)
Introduction
The Annual Action Plan provides a concise summary of the eligible programs or activities that will be undertaken during the program year to address the priority needs and specific objectives identified in the City's Consolidated Plan.

Projects
# Project Name
1 Program Administration: Planning and Management
2 Program Administration: Inland Fair Housing & Mediation Board 3 Public Improvements: Via De Anza Sidewalk Improvements 4 Public Improvements: Sidewalk Repair Assistance Program Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
As stated in the Consolidated Plan, the City will use a place-based strategy during the planning period. The geographic distribution of funding is predicated somewhat on the nature of the activity to be funded. It is the City’s intent to fund activities in the areas most directly affected by the needs of low-income residents and those with other special needs.

The Annual Action Plan directs investment geographically to eligible neighborhoods. An area benefit activity is one that benefits all residents in an eligible area, where at least 51% of the residents are low- and moderate-income persons. Public infrastructure improvements are an area benefit activity when they are in a predominately low- and moderate-income neighborhood.

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AP-38 Project Summary
Project Summary Information
1 Project Name Program Administration: Planning and Management Target Area Citywide
Goals Supported Support special needs programs and services Construct or upgrade public facilities and infrastructure.

Reduce the number of fair housing complaints based
Needs Addressed Administration and Fair Housing
Funding CDBG: $93,911
Description Administrative CDBG funding will be used to manage the overall program processes and planning. The Administrative Allowance for managing the CDBG program is a maximum of twenty percent (20%). The Administrative Allowance may be used to fund program planning activities such as the development of comprehensive plans, community development plans, energy strategies, capacity building, environmental studies, neighborhood plans and other plans. Administrative CDBG funding includes salaries, wages, and related costs of City Staff involved in program management, monitoring, and evaluation.

Target Date 6/30/2024
Estimate the
number and type
of families that
will benefit from
the proposed
activities
Administration of the program is Citywide, targeting low- and moderate-income residents. This activity is used to manage subrecipients and contractors funded by CDBG funds.

Location
Description
City of Cathedral City, Engineering Department, 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234.

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Planned
Activities
Administrative CDBG funding will be used to manage the overall program processes and planning. The Administrative Allowance for managing the CDBG program is a maximum of twenty percent (20%). The Administrative Allowance may be used to fund program planning activities such as the development of comprehensive plans, community development plans, energy strategies, capacity building, environmental studies, neighborhood plans and other plans. Administrative CDBG funding includes salaries, wages, and related costs of City Staff involved in program management, monitoring, and evaluation.
2 Project Name Program Administration: Inland Fair Housing & Mediation Board Target Area Citywide
Goals Supported Support special needs programs and services Reduce the number of fair housing complaints based
Needs Addressed Administration and Fair Housing
Funding CDBG: $20,000
Description A portion of the Administrative Cap allowance will be used to fund fair housing activities through Inland Fair Housing and Mediation Board (IFHMBIFHMB will provide Cathedral City with fair housing services to assist approximately 800 persons/households (including education, outreach and enforcement designed to further the fair housing objectives of the Fair Housing Act and of the Assessment of Fair Housing (AFH). IFHMB will provide at least two educational workshops to the stakeholders of Cathedral City and mobility counseling to educate residents about the benefits of moving to higher opportunity.

Target Date 6/30/2024
Estimate the
number and type
of families that
will benefit from
the proposed
activities
The City is goals is to contract with Inland Fair Housing to assist in resolving, at least, 800 complaints. In addition, Inland Fair Housing and Mediation Board will also assist the City is achieving goals identified in the Analysis of Impediments to Fair Housing Choice Report (AI)
Location
Description
Inland Fair Housing and Mediation Board (Citywide), 82921 Indio Blvd #10, Indio, CA 92201.

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Planned
Activities
IFHMB assist individuals in resolving issues related to housing discrimination, homeownership sustainability, rental complaints, and disputes in court through the provision of resource recommendations, education, and mediation. IFHMB will be used to provide valuable feedback in preparation of the AI
3 Project Name Public Improvements: Via De Anza Sidewalk Improvements Target Area Census Tract 044915
Goals Supported Construct or upgrade public facilities and infrastructure.

Needs Addressed Infrastructure
Community Facilities (Public Facilities)
Funding CDBG: $445,646
Description For FY 2023-2024, the City of Cathedral City is proposing sidewalk improvements located in a low- and moderate-income area of Census Tract 449.15 (Block Group 2) referred to as Via De Anza.

Currently, Via De Anza is missing sections of sidewalk, curb, and gutter between Ortega Road and Dinah Shore. The construction of these sections provides a safe path of travel for residents in the area and improve drainage during rain events. These
improvements will help improve the appearance of this area.

Target Date 6/30/2024
Estimate the
number and type
of families that
will benefit from
the proposed
activities
According to current HUD data for Block Group 2, Census Tract 449.15 estimates a low-mod universe of 2,730 individuals with

66.8% of this amount considered low- and moderate-income residents.

Location
Description
The proposed project is located in Census Tract 449.15; generally, bound between Ortega Road and Olancha Road. The City may use CDBG funding to leverage other resources to extend the scope of work to Dinah Shore.

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Annual Action Plan
2023
26 OMB Control No: 2506‐0117 (exp. 09/30/2021)
Planned
Activities
Cathedral City is proposing the construction of curb and gutter located in a low- and moderate-income area of Census Tract 449.15 (Block Group 2) referred to as Via De Anza Sidewalk Improvements. Currently, Via De Anza is missing sections of sidewalk, curb, and gutter between Ortega Road to the north and Dinah Shore to the south. The construction of these sections provides a safe path of travel for residents in the area and improve drainage during rain events. These improvements will help improve the appearance of this area.

4 Project Name Sidewalk Repair Assistance Program
Target Area Citywide
Goals Supported Construct or upgrade public facilities and infrastructure.

Needs Addressed Infrastructure
Community Facilities (Public Facilities)
Funding CDBG: $10,000
Description Assist residents with the sidewalk repairs related to code compliance cases.

Target Date 6/30/2024
Estimate the
number and type
of families that
will benefit from
the proposed
activities
10 Low-to-mod income households
Location
Description
City-wide, CDBG LMI Block groups
Planned
Activities
Sidewalk Repair Assistance Program

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Annual Action Plan
2023
27 OMB Control No: 2506‐0117 (exp. 09/30/2021)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Cathedral City has approximately eight Census Tracts that qualify to receive CDBG assistance.

After the required percentage allocations for Admi nistration and Public Services, the City will allocate at least, 65% of CDBG funding towards public improvements. As previously mentioned, the City is proposing to make much needed improvements in the Whitewater Neighborhood (South City area) such as sidewalk, curb, and gutter in sections of Via De Anza where needed.

Geographic Distribution
Target Area Percentage of Funds
Census Tract 044915 70
Census Tract 045000
Census Tract 044906
Census Tract 044907
Census Tract 044702
Census Tract 010600
Census Tract 044916
Citywide 30
Census Tract 044923
Census Tract 044924
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically The City will use a place-based strategy during the planning period. The geographic distribution of funding is predicated somewhat on the nature of the activity to be funded. It is the City’s intent to fund activities in the areas most directly affected by the needs of low-income residents and those with other special needs. The Annual Action Plan directs investment geographically to an area benefit neighborhood. The area benefit category is the most used national objective for activities that benefit a residential neighborhood. An area benefit activity is one that benefits all residents in a particular area, where at least 51% of the residents are low- and moderate-income persons. Public infrastructure improvements are an area benefit activity when they are in a predominately low- and moderate-income neighborhood.

Discussion
None.

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Annual Action Plan
2023
28 OMB Control No: 2506‐0117 (exp. 09/30/2021)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The Action Plan must specify goals for the number of homeless, non-homeless, and special needs households to be provided affordable housing within the program year. The plan must also indicate the number of affordable housing units that will be provided by program type, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. For the purpose of this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership.

One Year Goals for the Number of Households to be
Supported
Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported
Through
Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
The City does not plan to use CDBG funding for the purpose of affordable housing as defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. However, the City did partner with the County of Riverside (County) to offer Affordable Housing Development (80%) and Down Payment Assistance (20%) through the Permanent Local Housing Allocation (PLHA) Pr ogram. The County is the lead agency for this Program and will prepare the reporting and evaluation on behalf of the City. The amount of household assisted and/or served shall be documented through the coordination with the County and describe in the City's CAPER.

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Annual Action Plan
2023
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AP-60 Public Housing – 91.220(h)
Introduction
Cathedral City does not own or operate public housing.

Actions planned during the next year to address the needs to public housing This question is not applicable.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
This question is not applicable.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance.

This question is not applicable.

Discussion
This question is not applicable.

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Annual Action Plan
2023
30 OMB Control No: 2506‐0117 (exp. 09/30/2021)
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The Action Plan must describe the jurisdiction’s one-year goals and the specific actions steps it will undertake in the program year to carry out the homeless strategy outlined in SP-60 Homelessness Strategy.

The Action Plan must also describe the jurisdiction’s one-year goals and specify the activities it will undertake to serve the housing and supportive service needs of non-homeless populations who require supportive housing. While this screen does not have fields that specifically address special needs goals, this information can be included in the Introduction and/or the Discussion narratives.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.

The County of Riverside Continuum of Care (CoC) has established chronically homeless persons as the highest need priority. The CoC implements a targeted street-to-home outreach program/campaign that covers 100% of its area and takes a housing first approach for chronically homeless households and others with a disabling condition. Non-disabled persons are referred to emergency shelter or transitional housing programs and housed as quickly as possible. The CoC will soon implement a coordinated assessment system to ensure the right intervention through program admissions that will be marketed to community groups and outreach providers who coordinate outreach efforts with staff trained to guide households through the process regardless of age, gender, ethnicity, disability, etc. The City will continue to cooperate in the Point-In-Time Count (PIT) which seeks to identify the homeless and assess their needs.

Last year, the City allocated CARES Act funding to the Coachella Valley Rescue Mission's (CVRM) Emergency Shelter Program located in Indio, California. The City is planning on allocating funding from its general revenue to continue supporting homeless services in Cathedral City.

Coachella Valley Rescue Mission (CVRM):

CVRM's Emergency Shelter Program provides outreach and response services to assess and determine the best method of assistance for each individual and/or family. CVRM provides overnight emergency shelter, first-aid, meals, showering, clothing, and related assistance for the enrollment to the Annex Emergency Services Program; mental and behavior health services to individuals and families; available and/or qualifying rapid rehouse, permanent housing, and Section 8 housing services; including transportation services to school, daycare and offsite appointments.

According to the recently Point-in-Time result s compiled by the Riverside County Continuum of

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2023
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Care (CoC), the City of Cathedral City accounted for approximately 85 homeless persons identified during this count. Although this figure is not an actual projection of the exact number of homeless and transients, the City will contract with the Coachella Valley Rescue Mission (CVRM) to assist and provide support services to 100 people. The goal of this effort is to reduce the number of homeless people in Cathedral City counted annually. However, each year more people, including youth, are subject to homelessness and will cause this number to fluctuate.

Addressing the emergency shelter and transitional housing needs of homeless persons.

The City is committed to working jointly with the Care (CoC), which provides funding and a network of resources for homeless abatement. The CoC provides emergency shelter, supportive services, transitional housing, and permanent housing. The City commits staff to the CoC planning and implementation process and provides the CoC Steering Committee critical information regarding the types of resources and programs provided to assist the homeless. In addition, the City will continue to look at the use of CDBG funds for local homeless facilities, as funding needs are analyzed.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.

With the implementation of the Affordable Care Act (ACA), the County of Riverside CoC will participate in enrollment and outreach activities to ensure eligible households are able to take advantage of new healthcare options. The CoC has initiated a series of trainings and workshops that provide information on the ACA which has expanded Medi-Cal eligibility for people who are experiencing chronic homelessness and allows for the integration of housing, primary care and behavioral health. DPSS also received funding to conduct medical outreach and enrollment and is working with CoC member agencies to train outreach workers and enrollment counselors throughout Riverside County.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The County of Riverside CoC Discharge Policy is mandated by the state and followed by the CoC.

The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations, to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into

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homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing.

Discussion
None.

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Annual Action Plan
2023
33 OMB Control No: 2506‐0117 (exp. 09/30/2021)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The Annual Action Plan (AAP) must describe the City's annual goals and the specific actions steps it will undertake in the program year to carry out the homeless strategy outlined in SP-60 homelessness Strategy.

The Action Plan must also describe the City's one-year goals and specify the activities it will undertake to serve the housing and supportive service needs of non-homeless populations who require supportive housing.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment.

As addressed in the Consolidated Plan, the City allocates funding to Inland Fair Housing and Mediation Board (IFHMB) to provide services including, assistance for families for “second moves” after they have accessed stable housing, and ongoing post-move support for families.

The goal is to increase levels of integration by Hispanic residents within higher opportunity neighborhoods. This new mobility counseling progr am administered by IFHMB will monitor annually the efficacy of our outreach by tracking the percentage of households reached and complete the counseling program.

The City will track service results by tracking the percentage of households receiving counseling who successfully move to higher opportunity areas. This metric will help the City & IFHMB determine whether the program is effective at meeting the goal of increase levels of integration by Hispanic residents within higher opportunity neighborhoods. A high rate of successful moves could lead to expanding the program, while a low rate of successful moves might indicate the need to change the counseling curriculum or investigate what other factors pose barriers to integration.

As an ongoing effort, the City will continue to work with IFHMB to increase testing of multifamily housing market in higher opportunity neighborhoods and census tracts to determine levels of discrimination based on source of income, including SSDI, Housing Choice Vouchers, or other tenant-based rental assistance. The City will work with the IFHMB to implement a targeted campaign of engaging housing providers and tenants in the specific areas with education and outreach materials to address the issue. The City will review fair housing complaints based on disabilities to determine annual reduction of as measured by 2017 levels.

Discussion:

No discussion.

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Annual Action Plan
2023
34 OMB Control No: 2506‐0117 (exp. 09/30/2021)
AP-85 Other Actions – 91.220(k)
Introduction:

The City’s goal is to continue to pursue the following community efforts:
 Foster and support affordable housing
 Evaluate and reduce lead-based paint (LBP) hazards
 Reduce the number of poverty-level families
 Develop institutional structure
In addition, this section will identify obstacles to meeting underserved needs and propose actions to overcome those obstacles.

Actions planned to address obstacles to meeting underserved needs.

A major obstacle for the City is the lack of adequate financial resources to meet the growing needs of low and moderate-income persons. The City will continue to expand its housing resources to meet the growing need for affordable housing. In addition, the City has previously used CDBG funding to support non-profit agencies that address the needs of the underserved including the homeless, the potential for homeless, youth, seniors, female-headed families, victims of domestic violence, and the disabled. The City is also proactively seeking additional resources to meet the underserved needs. Federal, state, and local resources expected to be made available to address the needs are identified in the Consolidated Plan Actions planned to foster and maintain affordable housing.

The City will utilize several policies intended to provide additional flexibility in housing site planning and promote more intense development where appropriate. A density floor is another tool that can be used to promote the maximum use of residential land. The density floor would establish a minimum density requirement within a given residential land-use designation. The availability of developable acreage in upper density ranges allows for the development of certain types of housing.

The City will also continue to consider alternate forms of residential development, including various types of small-lot, single-family subdi visions; mobile home parks that allow owner- occupied spaces; senior citizen multifamily housing developments offering various degrees of care and assistance; mixed-use residential, office and commercial developments; and planned unit developments.

To encourage developers to pursue low- and moderate-income housing projects, California has provided regulations to govern the approval process, permitting greater density for affordable housing projects that include additional incentives to the developer. The City utilizes this Density Bonus Ordinance to encourage developers interested in additional density or incentives to develop a portion of their market rate project as affordable to low- and moderate-income

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Annual Action Plan
2023
35 OMB Control No: 2506‐0117 (exp. 09/30/2021)
households to meet the state housing requirements.

Redevelopment funding was a critical tool that the City used to encourage and support the preservation and creation of affordable housing that primarily benefited low- and moderate- income households. The City will seek alternative funding from state and federal sources to make up for the shortfall caused by the dissolution of the jurisdiction’s redevelopment agency by the state.

The City will continue to maintain policies and procedures to increase access to housing without LBP hazards. Funding is not provided until it is determined properties are free of LBP hazards.

Types of properties covered include: a) federally-owned housing being sold; b) housing receiving a federal subsidy that is associated with the property, rather than with the occupants (project- based assistance); c) public housing; d) housing occupied by a family (with a child) receiving a tenant-based subsidy (such as a voucher or certificate); e) multifamily housing for which mortgage insurance is being sought; and, f) housing receiving federal assistance for rehabilitation, reducing homelessness, and other special needs.

Actions planned to reduce lead-based paint hazards.

Cathedral City is committed and will continue to eliminate lead-based paint (LBP) hazards citywide particularly in homes occupied by low and moderate-income households. The City will collaborate with local agencies, HUD, and the County of Riverside to provide information on health dangers of lead-based paint. The City will participate and support the regional lead-based poisoning prevention program administered by Riverside County, Department of Public Health.

The objectives of this agency are as follows:

1. Educate the public about the dangers of lead through the creation and distribution of health education materials.

1. Assist Property Owners and Families in eliminating sources of lead from their homes through Lead Hazard Control Services and Incentives; required testing on homes built prior to 1978; and, visit homes identified as potential health risks to determine source of lead to educate parents on how to eliminate it.

The Riverside County Childhood Lead Poisoning Prevention Program (CLPPP) program provides presentations about lead poisoning to the general community, schools, parent groups, healthcare providers, pregnant women, and others interested in learning more about lead. Presentations are available in both English and Spanish. The CLPPP provides free educational materials about lead poisoning, including topics such as sources of lead, reducing the risk of lead poisoning, pregnancy, and nutrition. These materials are available upon request in both English and Spanish.

Childhood Lead Poisoning Prevention Program (CLPPP):
 Provide Medical Testing of children for lead poisoning on a sliding scale based on family

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income
 Assist parents in treating children identified with lead poisoning.

Actions planned to reduce the number of poverty-level families.

The City's anti-poverty strategy utilizes existing Riverside County job training and social service programs to increase employment marketability, household income, and housing options.

Below are the City's goals for reducing the number of Poverty-Level Families within the City:

Goal #1: Continue to support and coordinate with public and private efforts aimed at preventing and reducing poverty level incomes.

Goal #2: Conduct outreach with public and private agencies whose mission is to reduce poverty level incomes.

The City will implement the above policies by increasing job opportunity through education and job training programs; collaborating with state, county and local agencies that offer trade skills training and basic job search techniques; encouraging local education facilities to offer education and training that will lead to employment opportunities in the community; and supporting job creation through business friendly policies and practices.

Actions planned to develop institutional structure.

The Engineering Department serves as the lead agency for the CDBG Program in Cathedral City.

Within the last two years, Engineering Staff has made an effort to attend as many workshops and training opportunities for programs and projects within its purview. Staying informed and abreast of new policy or changes to existing legislative policy will develop the institutional structure needed to better manage programs for offering the best services. These efforts also include coordination with local agencies and neighboring cities.

Actions planned to enhance coordination between public and private housing and social service agencies.

Provided below are specific actions that the City plans to take to enhance coordination between public and private housing and social agencies:
 The City will continue to foster and maintain relationships with other agencies to establish an institutional structure that maximizes its resources. The City's institutional structure will consist of public agencies, for-profit agencies, and non-profit organizations.  The City will continue to partner with Inland Fair Housing and Mediation Board (IFHMB) to address fair housing needs.
 The City will continue to work with the County of Riverside to provide affordable housing opportunities to extremely low and low-income renters in Cathedral City.  The City will continue to work with the Continuum of Care (CoC) to address homeless

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issues.
 The City will also work with the agencies and internal departments listed in AP-38 to bridge any identified gaps in the service delivery system. We receive quarterly reports from the agencies and internal departments we fund about the ongoing services they provide.  The City anticipates holding public meetings and workshops to provide and solicit input regarding needs of the community.

These efforts provide for regional collaboration to better serve our community and enhances coordination between public and private housing and social service agencies.

Discussion:

None.

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Annual Action Plan
2023
38 OMB Control No: 2506‐0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%

Discussion:

The City is not anticipating accruing program income.

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Cathedral City Page 1 of 3 Printed on 5/22/2023

Staff Report

City Council

Item No. 7.A

Meeting Date: May 24, 2023
From: John Corella, Director of Engineering/Public Works Title: On-Call Engineering Services - City Projects Agreement Approvals

City Council

RECOMMENDATION:

To approve two (2) y ear Agreements with NAI Consulting, Inc., Interwest Consulting Group, Fomotor Engineering and HR Green Pacific, Inc., for On -Call Engineering Support Services for various City Engineering and Public Works Maintenance Divisions projects; and, authorize the City Manager to execute the Agreement documents.

BACKGROUND:

The City has found it both efficient and cost effective to biennially bid out for “on -call” and/or “as-needed services” providing a specialized service, rather than having full -time City Staff personnel specialized in that particular skill set. Civil Engineering Professionals are regularly called upon to assist the City's Engineering and Public Works Maintenance Divisions.

Over these next two years, the City Engineering and Public Works Maintenance staff will be working on the following City Projects: Community Development Block Grant (CDBG) funded Public Infrastructure Projects, SB -1 funded Projects, General Fund MOE (Maintenance of Effort) Projects, Assessment District funded Projects, upcomi ng Park Improvement Projects, and various other Capital Improvement Projects with which staff will need assistance. The assistance may be in design, specifications and/or other items consultants can provide versus our in-house capabilities.

DISCUSSION:

City Engineering staff solicited Request for Proposals (RFP) for On -Call Engineering Support Services for Various City Engineering Department Projects. The RFP for these services was advertised in the Desert Sun and the City’s website on March 22, 2023.

City staff also circulated the RFP to all firms indicat ing an interest in providing these services for the City. Firms were given until April 17, 2023, nearly four weeks, to submit proposals. Firms were asked to provide cost proposals that included hourly ra tes and/or

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unit costs for various services in a separate, sealed envelope, all per Cal Trans and Federal Highway Administration (FHWA) proposal submittal/review requirements.

Proposals for On -Call Engineering Support Services for Various City Engineering Department Projects were received from eight firms:

• NAI Consulting, Inc. – Cathedral City, CA
• Interwest Consulting Group – San Diego, CA
• Fomotor Engineering – Palm Springs, CA
• HR Green Pacific, Inc. – Palm Desert, CA
• TKE Engineering, Inc. – Palm Desert, CA
• Albert A. Webb and Associates – Riverside, CA
• Transtech – Chino, CA
• Ladayu Consulting Group – Palos Verdes Estates, CA

The Proposals were reviewed by a panel consisting of four members of City Engineering staff. The panel cited all firms provided propos als that were responsive, qualified and knowledgeable about the requirements for the various tasks and understanding of Cathedral City and its projects. The rating summary of the panel’s review is attached.

From the onset, the Engineering Division was looking for at least two consulting firms to provide these specialized engineering support services. Having two or more firms to provide these on call services will assure the staff that if one firm does not have the capacity to take on additional work, there is the option to use the other.

The scores from the review ranked NAI Consulting, Inc. (NAI), Interwest Consulting Group (Interwest), Fomotor Engineering (Fomotor), HR Green Pacific, Inc. (HR Green) with the highest ratings . These four firms submitted work proposals which provided assurance that, if selected, the performance of any of the typical and/or extraordinary tasks that may be ordered by City staff would be completed in a timely manner.

Following the scoring of the firms, the cost proposals of the four firms were opened and reviewed using State/Federal requirements for evaluating proposals as the guideline.

The cost proposals received from the four firms are consistent with current costs and in line with the City’s expectations for these costs of services.

City Engineering staff is proposing NAI, Interwest, Fomotor, and HR Green all be approved to provide On -Call Engineering Support Services . These selected firms will work closely with the Engineering and Public Works Maintenance Divisions to perform the services required for ordered tasks in these upcoming two (2) years.

Thus, staff is recommending that the City Council approve a two (2) year On -Call Service Agreement to each, NAI Consulting, Inc., Interwest Consulting Group, Fomotor Engineering and HR Green Pacific, Inc. , respectively, for On-Call Engineering Support Services for various City Engineering and Public Works Maintenance Divisions Projects.

FISCAL IMPACT:

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As cited above, the four selected firms’ rates for services were acceptabl e to the City staff, as they are consistent with current costs and in line with the City’s expectations for these costs of services.

Using the hourly rates and unit prices from the Agreements, City staff will negotiate Task Orders for each type of servic e required for a project. Total costs and funding sources for Task Orders prepared under the On -Call and/or as -needed Agreement will be identified as each Task Order is issued. Council approval, if needed, will be obtained prior to Task Order issuance if t he item exceeds the Engineering and/or Public Works Maintenance Division’ purchasing guideline requirements.

Funding for this item is listed within the Professional and Technical Services budgets for Engineering and Public Works for FY 2023/2024 and 2024/2025.

ATTACHMENTS:

Evaluation Scores and Rankings
Design Professional Services Agreement - NAI Consulting Design Professional Services Agreement - Interwest Consulting Group Design Professional Services Agreement - Fomotor Engineeirng Design Professional Services Agreement - HR Green Pacific NAI Consulting Inc. Work Proposal
Interwest Consulting Group Work Proposal
Fomotor Engineering Work Proposal
HR Green Pacific, Inc. Work Proposal

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Scores NAI
Consulting Inc.

Interwest
Consulting
Group
Fomotor
Engineering
HR Green
Pacific Inc.

Albert A.

Webb and
Associates
TKE
Engineering
Inc.

Transtech
Ladayu
Consulting
Group
Rater 1 91 84 86 80 82 83 76 68
Rater 2 94 82 76 88 87 80 79 63
Rater 3 95 92 91 88 87 87 68 60
Rater 4 94 90 92 86 85 87 82 71
AVERAGE 93.5 87 86.25 85.5 85.25 84.25 76.25 65.5
Rankings NAI
Consulting Inc.

Interwest
Consulting
Group
Fomotor
Engineering
HR Green
Pacific Inc.

Albert A.

Webb and
Associates
TKE
Engineering
Inc.

Transtech
Ladayu
Consulting
Group
Rater 1 13265478
Rater 2 14723568
Rater 3 12345567
Rater 4 13256478
AVERAGE 1 3 3.5 4.25 4.75 4.5 6.5 7.75
Evaluations ‐ On‐Call City Projects
Evaluations ‐ On‐Call City Projects

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
NAI CONSULTING, INC.

This Agreement for Design Professional Services (“Agreement”) is entered into as of June 10, 2023 (“Effective Date”) by and between the City of Cathed ral City, a municipal corporation (“City”) and NAI Consulting, Inc., a California Corporation (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party ” and hereinafter collectively referred to as the “Parties.”

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

B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City’s M unicipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selec tion of Design Professional for performance of those services defined and described particularly in S ection 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:

1. TERM OF AGREEMENT.

Subject to the provisions of Section 21 "Terminati on of Agreement" of this Agreement, the Term of this Agreement is for two (2) years, ending on June 30, 2025.

2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Scope of Services. Design Professional 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.

Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall

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

3. ADDITIONAL SERVICES.

Design Professional shall not be compensated fo r 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 27 “Administration and Implementation” or Section 29 “Amendm ent” of this Agreement. If a nd when such additional work is authorized, such additional work shall be deemed to be part of the Services.

4. ALLOWABLE COSTS AND PAYMENTS

A. CONSULTANT will be reimbursed for hours work ed at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer pa yments, overhead, and fee. These rates are not adjustable for the performance period set fort h in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) da ys upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Co st Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONS ULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliver ables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subs istence costs shall not exceed State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

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H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not comm ence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notifica tion to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment w ill be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until retu rned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices electro nically. Separate invoices itemizing all costs are required for all work performed under each Task Or der. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prio r to the expiration or termination of this AGREEMENT. Invoices shall be e-mailed to [email protected] or mailed to LOCAL AGENCY’s Contract Administrator at the following address:

Armando J. Garcia Baldizzone, P.E.

City Engineer
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

L. The period of performance for Task Orders shall be in accordance with dat es specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ 200,000 ($100,000 / year). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

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5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fra ud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not li mited to, Section 17 “Inde mnification” and Section 18 “Insurance.”

6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, ph otographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agr eement shall become the sole property of City and may be used, reused or otherwise disposed of by C ity without the permission of the Design Professional.

Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings , photographs, studies, surveys, reports, data, notes, computer files, files, and other documents. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing in tellectual property of Design Professional, including Design Professional software and licensed software, or to any improvements thereto. Design Professional shall have no liability arising from the use of any documents for any purpose or on any project other than that for which it was produced.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Pr ofessional’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, su rveys, reports, data, notes, computer files, files or other documents.

7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.

For the purpose of determining compliance w ith Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate wo rkpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSU LTANT’s Independent CPA, shall make such workpapers and materials available at their resp ective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT.

LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any bo oks, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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8. INDEPENDENT CONTRACTOR.

Design Professional is and shall at all times rema in a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly confe rred under this Agreement or is otherwise expressly conferred in writing by City.

The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive dir ection and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any ot her benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.

9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.

Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required unde r this Agreement in a thorough, competent and professional manner. Design Professiona l shall at all times faithfully, comp etently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and perfo rmance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific st andard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated th e issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be pe rformed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement.

Design Professional shall obtain any and all licenses, pe rmits 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 la w or in equity, as a result of any failure of Design Professional to comply with this section.

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11. PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropria ted funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for in fluencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the aw arding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representati on of fact upon which reliance was placed when this transaction was made or entered into. Submission of th is certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this do cument that he or she shall require that the language of this certification be included in all lower tier sub-agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

12. PREVAILING WAGE LAWS.

A. Covenant to Comply. Consultant covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws).

For purposes of this Section 25(a) only, the te rm “subcontractors” sha ll not include suppliers, manufacturers, or distributors. Cons ultant further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. Refe rences to “Covered Se rvices” hereinafter shall designate such Services as are subject to Prevailing Wage Laws.

B. Payroll Records. Consultant and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social secur ity number, job classification, straight time and overtime hours worked each da y and week, and the actual per diem wages paid to each journeyperson, apprentice, or other empl oyee. All payroll records shall be certified as being true and correct by Consultant or the s ubcontractors performing C overed Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Consultant’s principal office.

C. Subcontracts. Any subcontract en tered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the a lteration, demolition, repair, or maintenance of public works, shall c ontain all of the provisions of this Section.

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13. NONDISCRIMINATION and STATEMENT OF COMPLIANCE.

A. The CONSULTANT’s signature affixed herein and dated shall constitu te a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMEN T, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, hara ss, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientati on, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11 135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such artic le. The applicable regulations of the Fair Employment and Housing Commission implementi ng Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by re ference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasona ble notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimina tion and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with rega rd to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basi s of race, color, national origin, religion, sex, age, disability, be exclude d from participation in, de nied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulati ons relative to non-discrimination in federally- assisted programs of the U.S. Department of Tran sportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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14. DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION
A. This Agreement is subject to 49 CFR, Pa rt 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeti ng its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0%. Participation by DBE consultant or subconsultants shall be in accordance with information contai ned in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the C onsultant Contract DBE Information (Exhibit 10-O2) attached hereto in Exhibit D and incor porated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federa l funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assis ted agreements. Failure by Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this Agreement or such other remedy as the City deems appropriate.

D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prio r written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE mu st also be responsible with respect to materials and supplies used on the c ontract, for negotiating pr ice, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which f unds are passed in order to obtain the appearance of DBE participation. In determin ing whether a DBE is such an ex tra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsib ility for at least thirty percent (30%) of the total cost of its contract with its own work for ce, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. Consultant shall maintain records of materi als purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

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The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhi bit 17-F, of the LAPM], certified correct by Consultant or Consultant’s aut horized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvant aged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

K. If a DBE subconsultant is dece rtified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any ch anges should be reported to the City’s Contract Administrator within 30 days.

15. COST PRINCIPLES
(a) Notwithstanding any other provision of this Agreement, Consultant agrees that the Contract Cost Principles and Pro cedures set forth in 48 CFR, Fede ral Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to de termine the allowability of cost individual items. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(b) Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

(c) In providing the services under this Agreement, Consultant agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Un iform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

(d) Consultant acknowledges that payments made by City to Consultant under this Agreement are subject to audit by the California De partment of Transportati on (“Caltrans”) and/or the federal government. The Consulta nt agrees to adhere to the Accounting and Auditing Guidelines for contracts with Caltrans available at dot.ca.gov, as well as the federal guidelines set forth herein.

Any cost for which payment has been made to Consu ltant that is determined by a subsequent audit to be unallowable under 49 CFR, Part 18, 48 CFR, Fe deral Acquisition Regulatio ns System, Chapter 1, Part 31.000 et seq., or under Caltrans auditing principals is subject to repayment by Consultant to the City. In such case, the City shall provide Consulta nt with a copy of the aud it findings and Consultant shall make the payment within ten days of City’s request.

16. CONFLICTS OF INTEREST.

Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional

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further covenants that in the performance of this Ag reement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Offi ce of the City Clerk within ten (10) days of the request.

City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the perform ance of non-related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projec ts shall not be considered a conflict of interest for purposes of this section.

City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties foll owing the completion of the Services under this Agreement. Any such future service shall not be c onsidered a conflict of interest for purposes of this section.

17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confid ential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, res ponse to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Pr ofessional gives City notice of such court order or subpoena.

If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professiona l for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.

Design Professional shall promptly notify City should Design Professional, its officers, employees, agents or subcontractors be served with any summons , complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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18. INDEMNIFICATION.

Indemnification by Design Professional. As pr ovided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all third-party claims. actions and proceedings (whether at law or equity, administra tive or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to th e negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub-consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent ne gligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both i ndemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding any provision of law to the contrary, Design Professional shall have the right to defend and settle any action for which indemnification is sought, provided that it shall not enter into any settleme nt that requires an admission of wrongdoing by any indemnitee without that indemnitee's approval. Design Professional's obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.

Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identi cal to those set forth here in this section from each and every sub- consultant, subcontractor or any ot her person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreemen t naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully r esponsible according to the terms of this section.

Failure of City to monitor comp liance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights here under. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.

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.

19. INSURANCE.

Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement.

All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.

20. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement

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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 Agreemen t entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

21. CONTINUITY OF PERSONNEL.

Design Professional shall make every reasonable effort to maintain the stab ility and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Desi gn Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

22. TERMINATION OF AGREEMENT.

City may terminate this Agreement, with or with out cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress.

Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Desi gn Professional, or City may terminate this Agreement immediately upon written notice.

Upon termination of this Agreement by either D esign Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice fo r work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

23. DEFAULT.

In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the defau lt, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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24. EXCUSABLE DELAYS.

Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional.

Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreemen t shall be equitably adjusted for any delays due to such causes.

25. COOPERATION BY CITY.

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

26. 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 certifie d mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Cathedral City
Attn: Charles P. McClendon, City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: NAI Consulting Inc.

Attn: Lorissa Gruehl, Principal
68-955 Adelina Road
Cathedral City, CA 92234

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.

27. AUTHORITY TO EXECUTE.

The person or persons executing this Agreemen t on behalf of Design Pr ofessional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.

28. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and execute d 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 amen dments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

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29. BINDING EFFECT.

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

30. AMENDMENT.

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

31. 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 th is Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

32. LAW TO GOVERN; VENUE.

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

33. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is require d 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.

34. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties w ith respect to the matters addressed therein and supersedes all other agreements or understandings, whet her oral or written, or entered into between Design Professional 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.

35. SEVERABILITY.

If any term, condition or c ovenant of this Agreement is declar ed or determined by any court of competent jurisdiction to be invalid, void or unenfor ceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement sha ll be read and construed without the invalid, void or unenforceable provision(s).

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36. CONFLICTING TERMS.

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

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY NAI CONSULTING, INC.

__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 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 Office r

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

Signer is representing:

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

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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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 Office r

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

Signer is representing:

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

Signer(s) Other Than Named Above

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EXHIBIT "A"

SCOPE OF SERVICES
The Consultant is expected to provide weekly engineering support on or off site, as determined by the Director of Engineering / Public Works and/or the City Engineer. The anticipated length of the contract is two years with a starting date on June 10, 2023 and ending date on June 30, 2025. Typical services to be provided include, but are not limited to, the following:
a. Prepare for City signatures any necessary documents, and coordinate with various City Departments to acquire and maintain funding and approvals. b. Perform plan reviews of grading, erosion control, street, storm drain, sanitary sewer, and water improvement plans along with hydrology studies, SWPPPs, and WQMPs prepared by outside design firms and City Engineering Department staff. c. Assist in the preparation of formal and informal requests for proposals for design and/or construction projects and summarize proposals received. d. Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time.
e. Provide design and construction services for minor Capital Improvement Projects. f. Prepare and track project schedules.
g. Prepare correspondence, reports, and memoranda necessary to administer projects. h. Assist with issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program.
i. Other duties as assigned by the Director of Engineering / Public Works and/or the City Engineer.

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EXHIBIT "B"

COMPENSATION

(See attached rates of compensation.)

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EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider sh all provide and maintain insurance, acceptable to the City, in full force and effect throughout the te rm 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 Insuran ce Services Office form Commercial General Liability cove rage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the sc ope of coverage for either insure d 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 do llars ($1,000,000). A co mbined 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 le ast 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 em ployers’ 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, Servic e Provider is to defend and indemnify the City from such claim.

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

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B. Other Provisions. Insurance policies re quired 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 insu rers 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 additiona l insureds as respects: liability arising out of activities Service Provider performs; products and comp leted 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 cove rage shall be primary insurance with respect to City, and its respective elected and appoint ed, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.

c. Service Provider’s insurance sha ll 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, sh all not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

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

3. Workers' Compensation Coverage. Un less 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 agen ts 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 neces sary 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 effecti ng coverage required by this Exhib it “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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1. Service Provider shall furnish cer tificates and endorsements from each sub- contractor identical to those Service Provider provides.

2. Any deductibles or self-insured reten tions must be declared to and approved by City. At the option of City, either the insurer sha ll 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 procur e a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

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

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

INTERWEST CONSULTING GROUP

This Agreement for Design Professional Services (“Agreement”) is entered into as of June 10, 2023 (“Effective Date”) by and between the City of Cath edral City, a municipal corporation (“City”) and Interwest Consulting Group, a California Corpor ation (“Design Professional”). City and Design Professional are sometimes hereinafter individually re ferred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City’s M unicipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selec tion of Design Professional for performance of those services defined and described particularly in S ection 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:

1. TERM OF AGREEMENT.

Subject to the provisions of Section 21 "Terminati on of Agreement" of this Agreement, the Term of this Agreement is for two (2) years, ending date of June 30, 2025.

2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Scope of Services. Design Professional 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.

Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall

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

3. ADDITIONAL SERVICES.

Design Professional shall not be compensated fo r 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 27 “Administration and Implementation” or Section 29 “Amendm ent” of this Agreement. If a nd when such additional work is authorized, such additional work shall be deemed to be part of the Services.

4. ALLOWABLE COSTS AND PAYMENTS

A. CONSULTANT will be reimbursed for hours work ed at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer pa yments, overhead, and fee. These rates are not adjustable for the performance period set fort h in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) da ys upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Co st Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONS ULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliver ables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subs istence costs shall not exceed State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost

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estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not comm ence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notifica tion to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment w ill be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until retu rned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices electro nically. Separate invoices itemizing all costs are required for all work performed under each Task Or der. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prio r to the expiration or termination of this AGREEMENT. Invoices shall be e-mailed to [email protected] or mailed to LOCAL AGENCY’s Contract Administrator at the following address:

Armando J. Garcia Baldizzone, P.E.

City Engineer
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

L. The period of performance for Task Orders shall be in accordance with dat es specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ 200,000 ($100,000 / year). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

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5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fra ud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not li mited to, Section 17 “Inde mnification” and Section 18 “Insurance.”

6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, ph otographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agr eement shall become the sole property of City and may be used, reused or otherwise disposed of by C ity without the permission of the Design Professional.

Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings , photographs, studies, surveys, reports, data, notes, computer files, files, and other documents. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing in tellectual property of Design Professional, including Design Professional software and licensed software, or to any improvements thereto. Design Professional shall have no liability arising from the use of any documents for any purpose or on any project other than that for which it was produced.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Pr ofessional’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, su rveys, reports, data, notes, computer files, files or other documents.

7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.

For the purpose of determining compliance w ith Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate wo rkpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSU LTANT’s Independent CPA, shall make such workpapers and materials available at their resp ective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT.

LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any bo oks, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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8. INDEPENDENT CONTRACTOR.

Design Professional is and shall at all times rema in a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly confe rred under this Agreement or is otherwise expressly conferred in writing by City.

The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive dir ection and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any ot her benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.

9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.

Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required unde r this Agreement in a thorough, competent and professional manner. Design Professiona l shall at all times faithfully, comp etently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and perfo rmance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific st andard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated th e issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be pe rformed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement.

Design Professional shall obtain any and all licenses, pe rmits 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 la w or in equity, as a result of any failure of Design Professional to comply with this section.

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11. PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropria ted funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for in fluencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the aw arding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representati on of fact upon which reliance was placed when this transaction was made or entered into. Submission of th is certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this do cument that he or she shall require that the language of this certification be included in all lower tier sub-agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

12. PREVAILING WAGE LAWS.

A. Covenant to Comply. Consultant covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws).

For purposes of this Section 25(a) only, the te rm “subcontractors” sha ll not include suppliers, manufacturers, or distributors. Cons ultant further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. Refe rences to “Covered Se rvices” hereinafter shall designate such Services as are subject to Prevailing Wage Laws.

B. Payroll Records. Consultant and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social secur ity number, job classification, straight time and overtime hours worked each da y and week, and the actual per diem wages paid to each journeyperson, apprentice, or other empl oyee. All payroll records shall be certified as being true and correct by Consultant or the s ubcontractors performing C overed Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Consultant’s principal office.

C. Subcontracts. Any subcontract en tered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the a lteration, demolition, repair, or maintenance of public works, shall c ontain all of the provisions of this Section.

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13. NONDISCRIMINATION and STATEMENT OF COMPLIANCE.

A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be exclude d from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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14. DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION
A. This Agreement is subject to 49 CFR, Pa rt 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeti ng its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0%. Participation by DBE consultant or subconsultants shall be in accordance with information contai ned in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the C onsultant Contract DBE Information (Exhibit 10-O2) attached hereto in Exhibit D and incor porated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federa l funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assis ted agreements. Failure by Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this Agreement or such other remedy as the City deems appropriate.

D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prio r written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE mu st also be responsible with respect to materials and supplies used on the c ontract, for negotiating pr ice, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which f unds are passed in order to obtain the appearance of DBE participation. In determin ing whether a DBE is such an ex tra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsib ility for at least thirty percent (30%) of the total cost of its contract with its own work for ce, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. Consultant shall maintain records of materi als purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

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The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhi bit 17-F, of the LAPM], certified correct by Consultant or Consultant’s aut horized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvant aged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

K. If a DBE subconsultant is dece rtified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any ch anges should be reported to the City’s Contract Administrator within 30 days.

15. COST PRINCIPLES
(a) Notwithstanding any other provision of this Agreement, Consultant agrees that the Contract Cost Principles and Pro cedures set forth in 48 CFR, Fede ral Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to de termine the allowability of cost individual items. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(b) Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

(c) In providing the services under this Agreement, Consultant agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Un iform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

(d) Consultant acknowledges that payments made by City to Consultant under this Agreement are subject to audit by the California De partment of Transportati on (“Caltrans”) and/or the federal government. The Consulta nt agrees to adhere to the Accounting and Auditing Guidelines for contracts with Caltrans available at dot.ca.gov, as well as the federal guidelines set forth herein.

Any cost for which payment has been made to Consu ltant that is determined by a subsequent audit to be unallowable under 49 CFR, Part 18, 48 CFR, Fe deral Acquisition Regulatio ns System, Chapter 1, Part 31.000 et seq., or under Caltrans auditing principals is subject to repayment by Consultant to the City. In such case, the City shall provide Consulta nt with a copy of the aud it findings and Consultant shall make the payment within ten days of City’s request.

16. CONFLICTS OF INTEREST.

Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional

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further covenants that in the performance of this Ag reement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Offi ce of the City Clerk within ten (10) days of the request.

City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the perform ance of non-related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projec ts shall not be considered a conflict of interest for purposes of this section.

City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties foll owing the completion of the Services under this Agreement. Any such future service shall not be c onsidered a conflict of interest for purposes of this section.

17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confid ential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, res ponse to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Pr ofessional gives City notice of such court order or subpoena.

If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professiona l for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.

Design Professional shall promptly notify City should Design Professional, its officers, employees, agents or subcontractors be served with any summons , complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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18. INDEMNIFICATION.

Indemnification by Design Professional. As pr ovided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all third-party claims. actions and proceedings (whether at law or equity, administra tive or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to th e negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub-consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent ne gligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both i ndemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding any provision of law to the contrary, Design Professional shall have the right to defend and settle any action for which indemnification is sought, provided that it shall not enter into any settleme nt that requires an admission of wrongdoing by any indemnitee without that indemnitee's approval. Design Professional's obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.

Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identi cal to those set forth here in this section from each and every sub- consultant, subcontractor or any ot her person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreemen t naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully r esponsible according to the terms of this section.

Failure of City to monitor comp liance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights here under. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.

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.

19. INSURANCE.

Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement.

All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.

20. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement

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without the prior written consent of the City, which sh all not be unreasonably delayed or withheld. Any attempted assignment shall be ineff ective, null and void, and shall cons titute a material breach of this Agreement entitling City to any and all remedies at la w or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

21. CONTINUITY OF PERSONNEL.

Design Professional shall make every reasonable effort to maintain the stab ility and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Desi gn Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

22. TERMINATION OF AGREEMENT.

City may terminate this Agreement, with or with out cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress.

Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Desi gn Professional, or City may terminate this Agreement immediately upon written notice.

Upon termination of this Agreement by either D esign Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice fo r work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

23. DEFAULT.

In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the defau lt, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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24. EXCUSABLE DELAYS.

Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional.

Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreemen t shall be equitably adjusted for any delays due to such causes.

25. COOPERATION BY CITY.

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

26. 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 certifie d mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Cathedral City
Attn: Charles P. McClendon, City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Interwest Consulting Group
Attn: Joe lndrawan, Principal
9320 Chesapeake Drive, #208
San Diego, CA 92123

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

27. AUTHORITY TO EXECUTE.

The person or persons executing this Agreemen t on behalf of Design Pr ofessional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.

28. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and execute d 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 amen dments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

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29. BINDING EFFECT.

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

30. AMENDMENT.

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

31. 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 th is Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

32. LAW TO GOVERN; VENUE.

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

33. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is require d 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.

34. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties w ith respect to the matters addressed therein and supersedes all other agreements or understandings, whet her oral or written, or entered into between Design Professional 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.

35. SEVERABILITY.

If any term, condition or c ovenant of this Agreement is declar ed or determined by any court of competent jurisdiction to be invalid, void or unenfor ceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement sha ll be read and construed without the invalid, void or unenforceable provision(s).

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36. CONFLICTING TERMS.

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

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY INTERWEST CONSULTING GROUP

__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 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 Office r

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

Signer is representing:

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

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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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 Office r

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

Signer is representing:

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

Signer(s) Other Than Named Above

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EXHIBIT "A"

SCOPE OF SERVICES

The Consultant is expected to provide weekly engineering support on or off site, as determined by the Director of Engineering / Public Works and/or the City Engineer. The anticipated length of the contract is two years with a starting date on June 10, 2023 and ending date on June 30, 2025. Typical services to be provided include, but are not limited to, the following:
a. Prepare for City signatures any necessary documents, and coordinate with various City Departments to acquire and maintain funding and approvals. b. Perform plan reviews of grading, erosion control, street, storm drain, sanitary sewer, and water improvement plans along with hydrology studies, SWPPPs, and WQMPs prepared by outside design firms and City Engineering Department staff. c. Assist in the preparation of formal and informal requests for proposals for design and/or construction projects and summarize proposals received. d. Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time.
e. Provide design and construction services for minor Capital Improvement Projects. f. Prepare and track project schedules.
g. Prepare correspondence, reports, and memoranda necessary to administer projects. h. Assist with issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program.
i. Other duties as assigned by the Director of Engineering / Public Works and/or the City Engineer.

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EXHIBIT "B"

COMPENSATION

(See attached rates of compensation.)

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EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider sh all provide and maintain insurance, acceptable to the City, in full force and effect throughout the te rm 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 Insuran ce Services Office form Commercial General Liability cove rage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the sc ope of coverage for either insure d 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 do llars ($1,000,000). A co mbined 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 le ast 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 em ployers’ 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, Servic e Provider is to defend and indemnify the City from such claim.

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

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B. Other Provisions. Insurance policies re quired 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 insu rers 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 additiona l insureds as respects: liability arising out of activities Service Provider performs; products and comp leted 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 cove rage shall be primary insurance with respect to City, and its respective elected and appoint ed, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.

c. Service Provider’s insurance sha ll 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, sh all not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

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

3. Workers' Compensation Coverage. Un less 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 agen ts 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 neces sary 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 effecti ng coverage required by this Exhib it “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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1. Service Provider shall furnish cer tificates and endorsements from each sub- contractor identical to those Service Provider provides.

2. Any deductibles or self-insured reten tions must be declared to and approved by City. At the option of City, either the insurer sha ll 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 procur e a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

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

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
FOMOTOR ENGINEERING, INC.

This Agreement for Design Professional Services (“Agreement”) is entered into as of June 10, 2023 (“Effective Date”) by and between the City of Cath edral City, a municipal corporation (“City”) and Fomotor Engineering, Inc., a California Corporation (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City’s M unicipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selec tion of Design Professional for performance of those services defined and described particularly in S ection 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:

1. TERM OF AGREEMENT.

Subject to the provisions of Section 21 "Terminati on of Agreement" of this Agreement, the Term of this Agreement is for two (2) years, ending date of June 30, 2025.

2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Scope of Services. Design Professional 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.

Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall

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

3. ADDITIONAL SERVICES.

Design Professional shall not be compensated fo r 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 27 “Administration and Implementation” or Section 29 “Amendm ent” of this Agreement. If a nd when such additional work is authorized, such additional work shall be deemed to be part of the Services.

4. ALLOWABLE COSTS AND PAYMENTS

A. CONSULTANT will be reimbursed for hours work ed at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer pa yments, overhead, and fee. These rates are not adjustable for the performance period set fort h in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) da ys upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Co st Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONS ULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliver ables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subs istence costs shall not exceed State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost

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estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not comm ence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notifica tion to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment w ill be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until retu rned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices electro nically. Separate invoices itemizing all costs are required for all work performed under each Task Or der. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prio r to the expiration or termination of this AGREEMENT. Invoices shall be e-mailed to [email protected] or mailed to LOCAL AGENCY’s Contract Administrator at the following address:

Armando J. Garcia Baldizzone, P.E.

City Engineer
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

L. The period of performance for Task Orders shall be in accordance with dat es specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $200,000 ($100,000 / year). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

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5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fra ud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not li mited to, Section 17 “Inde mnification” and Section 18 “Insurance.”

6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, ph otographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agr eement shall become the sole property of City and may be used, reused or otherwise disposed of by C ity without the permission of the Design Professional.

Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings , photographs, studies, surveys, reports, data, notes, computer files, files, and other documents. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing in tellectual property of Design Professional, including Design Professional software and licensed software, or to any improvements thereto. Design Professional shall have no liability arising from the use of any documents for any purpose or on any project other than that for which it was produced.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Pr ofessional’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, su rveys, reports, data, notes, computer files, files or other documents.

7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.

For the purpose of determining compliance w ith Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate wo rkpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSU LTANT’s Independent CPA, shall make such workpapers and materials available at their resp ective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT.

LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any bo oks, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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8. INDEPENDENT CONTRACTOR.

Design Professional is and shall at all times rema in a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly confe rred under this Agreement or is otherwise expressly conferred in writing by City.

The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive dir ection and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any ot her benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.

9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.

Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required unde r this Agreement in a thorough, competent and professional manner. Design Professiona l shall at all times faithfully, comp etently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and perfo rmance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific st andard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated th e issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be pe rformed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement.

Design Professional shall obtain any and all licenses, pe rmits 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 la w or in equity, as a result of any failure of Design Professional to comply with this section.

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11. PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropria ted funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for in fluencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the aw arding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representati on of fact upon which reliance was placed when this transaction was made or entered into. Submission of th is certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this do cument that he or she shall require that the language of this certification be included in all lower tier sub-agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

12. PREVAILING WAGE LAWS.

A. Covenant to Comply. Consultant covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws).

For purposes of this Section 25(a) only, the te rm “subcontractors” sha ll not include suppliers, manufacturers, or distributors. Cons ultant further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. Refe rences to “Covered Se rvices” hereinafter shall designate such Services as are subject to Prevailing Wage Laws.

B. Payroll Records. Consultant and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social secur ity number, job classification, straight time and overtime hours worked each da y and week, and the actual per diem wages paid to each journeyperson, apprentice, or other empl oyee. All payroll records shall be certified as being true and correct by Consultant or the s ubcontractors performing C overed Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Consultant’s principal office.

C. Subcontracts. Any subcontract en tered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the a lteration, demolition, repair, or maintenance of public works, shall c ontain all of the provisions of this Section.

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13. NONDISCRIMINATION and STATEMENT OF COMPLIANCE.

A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be exclude d from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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14. DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION
A. This Agreement is subject to 49 CFR, Pa rt 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeti ng its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0%. Participation by DBE consultant or subconsultants shall be in accordance with information contai ned in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the C onsultant Contract DBE Information (Exhibit 10-O2) attached hereto in Exhibit D and incor porated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federa l funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assis ted agreements. Failure by Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this Agreement or such other remedy as the City deems appropriate.

D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prio r written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE mu st also be responsible with respect to materials and supplies used on the c ontract, for negotiating pr ice, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which f unds are passed in order to obtain the appearance of DBE participation. In determin ing whether a DBE is such an ex tra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsib ility for at least thirty percent (30%) of the total cost of its contract with its own work for ce, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. Consultant shall maintain records of materi als purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

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The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhi bit 17-F, of the LAPM], certified correct by Consultant or Consultant’s aut horized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvant aged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

K. If a DBE subconsultant is dece rtified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any ch anges should be reported to the City’s Contract Administrator within 30 days.

15. COST PRINCIPLES
(a) Notwithstanding any other provision of this Agreement, Consultant agrees that the Contract Cost Principles and Pro cedures set forth in 48 CFR, Fede ral Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to de termine the allowability of cost individual items. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(b) Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

(c) In providing the services under this Agreement, Consultant agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Un iform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

(d) Consultant acknowledges that payments made by City to Consultant under this Agreement are subject to audit by the California De partment of Transportati on (“Caltrans”) and/or the federal government. The Consulta nt agrees to adhere to the Accounting and Auditing Guidelines for contracts with Caltrans available at dot.ca.gov, as well as the federal guidelines set forth herein.

Any cost for which payment has been made to Consu ltant that is determined by a subsequent audit to be unallowable under 49 CFR, Part 18, 48 CFR, Fe deral Acquisition Regulatio ns System, Chapter 1, Part 31.000 et seq., or under Caltrans auditing principals is subject to repayment by Consultant to the City. In such case, the City shall provide Consulta nt with a copy of the aud it findings and Consultant shall make the payment within ten days of City’s request.

16. CONFLICTS OF INTEREST.

Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional

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further covenants that in the performance of this Ag reement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Offi ce of the City Clerk within ten (10) days of the request.

City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the perform ance of non-related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projec ts shall not be considered a conflict of interest for purposes of this section.

City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties foll owing the completion of the Services under this Agreement. Any such future service shall not be c onsidered a conflict of interest for purposes of this section.

17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confid ential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, res ponse to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Pr ofessional gives City notice of such court order or subpoena.

If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professiona l for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.

Design Professional shall promptly notify City should Design Professional, its officers, employees, agents or subcontractors be served with any summons , complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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18. INDEMNIFICATION.

Indemnification by Design Professional. As pr ovided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all third-party claims. actions and proceedings (whether at law or equity, administra tive or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to th e negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub-consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent ne gligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both i ndemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding any provision of law to the contrary, Design Professional shall have the right to defend and settle any action for which indemnification is sought, provided that it shall not enter into any settleme nt that requires an admission of wrongdoing by any indemnitee without that indemnitee's approval. Design Professional's obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.

Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identi cal to those set forth here in this section from each and every sub- consultant, subcontractor or any ot her person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreemen t naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully r esponsible according to the terms of this section.

Failure of City to monitor comp liance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights here under. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.

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.

19. INSURANCE.

Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement.

All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.

20. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement

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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 Agreemen t entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

21. CONTINUITY OF PERSONNEL.

Design Professional shall make every reasonable effort to maintain the stab ility and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Desi gn Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

22. TERMINATION OF AGREEMENT.

City may terminate this Agreement, with or with out cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress.

Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Desi gn Professional, or City may terminate this Agreement immediately upon written notice.

Upon termination of this Agreement by either D esign Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice fo r work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

23. DEFAULT.

In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the defau lt, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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24. EXCUSABLE DELAYS.

Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional.

Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreemen t shall be equitably adjusted for any delays due to such causes.

25. COOPERATION BY CITY.

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

26. 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 certifie d mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Cathedral City
Attn: Charles P. McClendon, City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Fomotor Engineering Inc
Attn: Phillip Fomotor, CEO
225 South Civic Drive, Suite 1-5
Palm Springs, California 92262

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.

27. AUTHORITY TO EXECUTE.

The person or persons executing this Agreemen t on behalf of Design Pr ofessional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.

28. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and execute d 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 amen dments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

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29. BINDING EFFECT.

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

30. AMENDMENT.

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

31. 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 th is Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

32. LAW TO GOVERN; VENUE.

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

33. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is require d 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.

34. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties w ith respect to the matters addressed therein and supersedes all other agreements or understandings, whet her oral or written, or entered into between Design Professional 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.

35. SEVERABILITY.

If any term, condition or c ovenant of this Agreement is declar ed or determined by any court of competent jurisdiction to be invalid, void or unenfor ceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement sha ll be read and construed without the invalid, void or unenforceable provision(s).

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36. CONFLICTING TERMS.

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

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY FOMOTOR ENGINEERING, INC.

__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 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 Office r

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

Signer is representing:

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

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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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 Office r

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

Signer is representing:

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

Signer(s) Other Than Named Above

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EXHIBIT "A"

SCOPE OF SERVICES
The Consultant is expected to provide weekly engineering support on or off site, as determined by the Director of Engineering / Public Works and/or the City Engineer. The anticipated length of the contract is two years with a starting date on June 10, 2023 and ending date on June 30, 2025. Typical services to be provided include, but are not limited to, the following:
a. Prepare for City signatures any necessary documents, and coordinate with various City Departments to acquire and maintain funding and approvals. b. Perform plan reviews of grading, erosion control, street, storm drain, sanitary sewer, and water improvement plans along with hydrology studies, SWPPPs, and WQMPs prepared by outside design firms and City Engineering Department staff. c. Assist in the preparation of formal and informal requests for proposals for design and/or construction projects and summarize proposals received. d. Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time.
e. Provide design and construction services for minor Capital Improvement Projects. f. Prepare and track project schedules.
g. Prepare correspondence, reports, and memoranda necessary to administer projects. h. Assist with issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program.
i. Other duties as assigned by the Director of Engineering / Public Works and/or the City Engineer.

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EXHIBIT "B"

COMPENSATION

(See attached rates of compensation.)

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EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider sh all provide and maintain insurance, acceptable to the City, in full force and effect throughout the te rm 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 Insuran ce Services Office form Commercial General Liability cove rage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the sc ope of coverage for either insure d 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 do llars ($1,000,000). A co mbined 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 le ast 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 em ployers’ 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, Servic e Provider is to defend and indemnify the City from such claim.

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

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B. Other Provisions. Insurance policies re quired 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 insu rers 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 additiona l insureds as respects: liability arising out of activities Service Provider performs; products and comp leted 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 cove rage shall be primary insurance with respect to City, and its respective elected and appoint ed, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.

c. Service Provider’s insurance sha ll 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, sh all not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

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

3. Workers' Compensation Coverage. Un less 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 agen ts 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 neces sary 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 effecti ng coverage required by this Exhib it “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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1. Service Provider shall furnish cer tificates and endorsements from each sub- contractor identical to those Service Provider provides.

2. Any deductibles or self-insured reten tions must be declared to and approved by City. At the option of City, either the insurer sha ll 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 procur e a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

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

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
HR GREEN PACIFIC, INC.

This Agreement for Design Professional Services (“Agreement”) is entered into as of June 10, 2023 (“Effective Date”) by and between the City of Cathed ral City, a municipal corporation (“City”) and HR Green Pacific, Inc., a California Corporation (“D esign Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party ” and hereinafter collectively referred to as the “Parties.”

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

B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City’s M unicipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selec tion of Design Professional for performance of those services defined and described particularly in S ection 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:

1. TERM OF AGREEMENT.

Subject to the provisions of Section 21 "Terminati on of Agreement" of this Agreement, the Term of this Agreement is for two (2) years, ending date of June 30, 2025.

2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Scope of Services. Design Professional 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.

Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall

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

3. ADDITIONAL SERVICES.

Design Professional shall not be compensated fo r 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 27 “Administration and Implementation” or Section 29 “Amendm ent” of this Agreement. If a nd when such additional work is authorized, such additional work shall be deemed to be part of the Services.

4. ALLOWABLE COSTS AND PAYMENTS

A. CONSULTANT will be reimbursed for hours wo rked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONS ULTANT through issuance of Task Orders.

D. After a project to be performed under th is AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump su m (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subs istence costs shall not exceed State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone

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cost estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not comm ence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect un til returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thir ty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

Armando J. Garcia Baldizzone, P.E.

City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY fo r an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ 200,000 ($100,000 / year). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

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5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fra ud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not li mited to, Section 17 “Inde mnification” and Section 18 “Insurance.”

6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, ph otographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agr eement shall become the sole property of City and may be used, reused or otherwise disposed of by C ity without the permission of the Design Professional.

Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings , photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Pr ofessional’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, su rveys, reports, data, notes, computer files, files or other documents.

7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.

For the purpose of determining compliance w ith Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate wo rkpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSU LTANT’s Independent CPA, shall make such workpapers and materials available at their resp ective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT.

LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any bo oks, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

8. INDEPENDENT CONTRACTOR.

Design Professional is and shall at all times rema in a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner,

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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 confe rred under this Agreement or is otherwise expressly conferred in writing by City.

The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive dir ection and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any ot her benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.

9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.

Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required unde r this Agreement in a thorough, competent and professional manner. Design Professiona l shall at all times faithfully, comp etently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and perfo rmance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific st andard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated th e issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be pe rformed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement.

Design Professional shall obtain any and all licenses, pe rmits 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 la w or in equity, as a result of any failure of Design Professional to comply with this section.

11. PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

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1. No State, Federal, or LOCAL AGENCY appropria ted funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for in fluencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the aw arding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representati on of fact upon which reliance was placed when this transaction was made or entered into. Submission of th is certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this do cument that he or she shall require that the language of this certification be included in all lower tier sub-agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

12. PREVAILING WAGE LAWS.

A. Covenant to Comply. Consultant covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws).

For purposes of this Section 25(a) only, the te rm “subcontractors” sha ll not include suppliers, manufacturers, or distributors. Cons ultant further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. Refe rences to “Covered Se rvices” hereinafter shall designate such Services as are subject to Prevailing Wage Laws.

B. Payroll Records. Consultant and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social secur ity number, job classification, straight time and overtime hours worked each da y and week, and the actual per diem wages paid to each journeyperson, apprentice, or other empl oyee. All payroll records shall be certified as being true and correct by Consultant or the s ubcontractors performing C overed Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Consultant’s principal office.

C. Subcontracts. Any subcontract en tered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the a lteration, demolition, repair, or maintenance of public works, shall c ontain all of the provisions of this Section.

13. NONDISCRIMINATION and STATEMENT OF COMPLIANCE.

A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless

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exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be exclude d from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

14. DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION
A. This Agreement is subject to 49 CFR, Pa rt 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants

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who obtain DBE participation on this contract will assist Caltrans in meeti ng its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0%. Participation by DBE consultant or subconsultants shall be in accordance with information contai ned in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the C onsultant Contract DBE Information (Exhibit 10-O2) attached hereto in Exhibit D and incor porated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federa l funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assis ted agreements. Failure by Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this Agreement or such other remedy as the City deems appropriate.

D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prio r written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE mu st also be responsible with respect to materials and supplies used on the c ontract, for negotiating pr ice, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which f unds are passed in order to obtain the appearance of DBE participation. In determin ing whether a DBE is such an ex tra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsib ility for at least thirty percent (30%) of the total cost of its contract with its own work for ce, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. Consultant shall maintain records of materi als purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

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J. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhi bit 17-F, of the LAPM], certified correct by Consultant or Consultant’s aut horized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvant aged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

K. If a DBE subconsultant is dece rtified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any ch anges should be reported to the City’s Contract Administrator within 30 days.

15. COST PRINCIPLES
(a) Notwithstanding any other provision of this Agreement, Consultant agrees that the Contract Cost Principles and Pro cedures set forth in 48 CFR, Fede ral Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to de termine the allowability of cost individual items. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(b) Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

(c) In providing the services under this Agreement, Consultant agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Un iform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

(d) Consultant acknowledges that payments made by City to Consultant under this Agreement are subject to audit by the California De partment of Transportati on (“Caltrans”) and/or the federal government. The Consulta nt agrees to adhere to the Accounting and Auditing Guidelines for contracts with Caltrans available at dot.ca.gov, as well as the federal guidelines set forth herein.

Any cost for which payment has been made to Consu ltant that is determined by a subsequent audit to be unallowable under 49 CFR, Part 18, 48 CFR, Fe deral Acquisition Regulatio ns System, Chapter 1, Part 31.000 et seq., or under Caltrans auditing principals is subject to repayment by Consultant to the City. In such case, the City shall provide Consulta nt with a copy of the aud it findings and Consultant shall make the payment within ten days of City’s request.

16. CONFLICTS OF INTEREST.

Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional further covenants that in the performance of this Ag reement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the express written consent of the

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City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Offi ce of the City Clerk within ten (10) days of the request.

City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the perform ance of non-related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projec ts shall not be considered a conflict of interest for purposes of this section.

City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties foll owing the completion of the Services under this Agreement. Any such future service shall not be c onsidered a conflict of interest for purposes of this section.

17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confid ential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, res ponse to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Pr ofessional gives City notice of such court order or subpoena.

If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professiona l for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.

Design Professional shall promptly notify City should Design Professional, its officers, employees, agents or subcontractors be served with any summons , complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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18. INDEMNIFICATION.

Indemnification by Design Professional. As pr ovided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judi cial), demands, orders, j udgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligen ce, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub-c onsultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Cl aims are found by the trier of fact to have been caused by the joint or concurrent ne gligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both i ndemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.

Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identi cal to those set forth here in this section from each and every sub- consultant, subcontractor or any ot her person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreemen t naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully r esponsible according to the terms of this section.

Failure of City to monitor comp liance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights here under. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.

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.

19. INSURANCE.

Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement.

All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.

20. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreemen t entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

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21. CONTINUITY OF PERSONNEL.

Design Professional shall make every reasonable effort to maintain the stab ility and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Desi gn Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

22. TERMINATION OF AGREEMENT.

City may terminate this Agreement, with or with out cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress.

Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Desi gn Professional, or City may terminate this Agreement immediately upon written notice.

Upon termination of this Agreement by either D esign Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice fo r work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

23. DEFAULT.

In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the defau lt, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

24. EXCUSABLE DELAYS.

Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional.

Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreemen t shall be equitably adjusted for any delays due to such causes.

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25. COOPERATION BY CITY.

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

26. 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 certifie d mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: __________________________
__________________________
__________________________
__________________________

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.

27. AUTHORITY TO EXECUTE.

The person or persons executing this Agreemen t on behalf of Design Pr ofessional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.

28. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and execute d 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 amen dments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

29. BINDING EFFECT.

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

30. AMENDMENT.

No amendment to or modification of this Agre ement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not

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exceed the City Manager’s contrac ting authority under the Cathedral City Municipal Code. All other amendments shall be approved by th e City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

31. 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 th is Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

32. LAW TO GOVERN; VENUE.

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

33. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is require d 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.

34. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties w ith respect to the matters addressed therein and supersedes all other agreements or understandings, whet her oral or written, or entered into between Design Professional 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.

35. SEVERABILITY.

If any term, condition or c ovenant of this Agreement is declar ed or determined by any court of competent jurisdiction to be invalid, void or unenfor ceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement sha ll be read and construed without the invalid, void or unenforceable provision(s).

36. CONFLICTING TERMS.

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

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY HR GREEN PACIFIC, INC.

__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 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 Office r

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

Signer is representing:

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

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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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 Office r

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

Signer is representing:

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

Signer(s) Other Than Named Above

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EXHIBIT "A"

SCOPE OF SERVICES
The Consultant is expected to provide weekly engineering support on or off site, as determined by the Director of Engineering / Public Works and/or the City Engineer. The anticipated length of the contract is two years with a starting date on June 10, 2023 and ending date on June 30, 2025. Typical services to be provided include, but are not limited to, the following:
a. Prepare for City signatures any necessary documents, and coordinate with various City Departments to acquire and maintain funding and approvals. b. Perform plan reviews of grading, erosion control, street, storm drain, sanitary sewer, and water improvement plans along with hydrology studies, SWPPPs, and WQMPs prepared by outside design firms and City Engineering Department staff. c. Assist in the preparation of formal and informal requests for proposals for design and/or construction projects and summarize proposals received. d. Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time.
e. Provide design and construction services for minor Capital Improvement Projects. f. Prepare and track project schedules.
g. Prepare correspondence, reports, and memoranda necessary to administer projects. h. Assist with issues associated with the Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program.
i. Other duties as assigned by the Director of Engineering / Public Works and/or the City Engineer.

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EXHIBIT "B"

COMPENSATION

(See attached rates of compensation.)

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EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider sh all provide and maintain insurance, acceptable to the City, in full force and effect throughout the te rm 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 Insuran ce Services Office form Commercial General Liability cove rage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the sc ope of coverage for either insure d 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 do llars ($1,000,000). A co mbined 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 le ast 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 em ployers’ 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, Servic e Provider is to defend and indemnify the City from such claim.

X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than on e 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 Agreemen t must be endorsed to be applicable to claims based upon, arising out of or related to Services perf ormed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

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

1. All Coverages.

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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 insu rers 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 additiona l insureds as respects: liability arising out of activities Service Provider performs; products and comp leted 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 cove rage shall be primary insurance with respect to City, and its respective elected and appoint ed, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.

c. Service Provider’s insurance sha ll 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, sh all not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

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

3. Workers' Compensation Coverage. Un less 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 agen ts 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 neces sary 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 effecti ng coverage required by this Exhib it “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 cer tificates and endorsements from each sub- contractor identical to those Service Provider provides.

2. Any deductibles or self-insured reten tions must be declared to and approved by City. At the option of City, either the insurer sha ll reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and

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volunteers, or the Service Provider shall procur e 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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Cathedral City Page 1 of 3 Printed on 5/22/2023

Staff Report

City Council

Item No. 7.B

Meeting Date: May 24, 2023
From: John Corella, Director of Engineering/Public Works Title: On-Call Engineering Services - State and Federal Projects Agreement Approvals

City Council

RECOMMENDATION:

Approve two (2) year Agreements with NAI Consulting, Inc. and Interwest Consulting Group for On-Call Engineering Support and Grant Administration Services for State and Federally Funded Transportation Projects; and authorize the City Manager to execute the Agreement documents.

BACKGROUND:

The City has found it both efficient and cost effective to biennially contract out for “on - call” and/or “as -needed services” that provide a specialized service, rather than having full-time City Staff specialized in that parti cular skill set. Civil Engineering Professionals are regularly called upon to assist the City's Engineering and Public Works Maintenance Divisions.

Over these next two years, the City Engineering and Public Works Maintenance Staff will be working on the following State and Federally funded Projects:

• Ramon Road Bridge Project
• Vista Chino Bridge Project
• Highway Safety Improvement Program (HSIP) Projects
o HSIP 9A: 12 Intersection Upgrades
o HSIP 9B: Date Palm Drive/ Varner Road Safety Improvements o HSIP 10: Pedestrian Crossing on Ramon Road and Candlewood Drive o HSIP 11: Four (4) Projects involving signalized intersections and pedestrian crosswalk improvements.
• Downtown Connectors Active Transportation Program ( ATP) Cycle 5 Projects along Date Palm Drive, Cathedral Canyon Drive and East Palm Canyon Drive. • Future Federally funded grants for unspecified roadway Projects.

By grouping the above cited Projects under the state/federally funded category, most

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and/or all the costs expended for engineering services may be eligible for state and/or federal reimbursement. The Consultants do ing this work are qualified under Cal Trans/Federal requirements and must follow DBE (Disadvantaged Business Enterprise) guidelines and meet eligibility requirements for the City to receive reimbursements.

DISCUSSION:

Staff solicited Request for Proposals (RFP) for On -Call Engineering Support Services for State and Federally Funded Projects. The RFP for these services was advertised in the Desert Sun and the City’s website on March 22, 2023. City Staff also circulated the RFP to all firms indicating an interest in providing these services for the City. Firms were given until April 17, 2023, nearly four weeks, to submit proposals. Firms were asked to provide cost proposals that included hourly rates and/or unit costs for various services in a separate, sealed envelope, all per Cal Trans and Federal Highway Administration (FHWA) proposal submittal/review requirements.

Proposals for On -Call Engineering Support Services for State and Federal ly Funded Projects were received from the following three (3) firms:
• NAI Consulting, Inc. - Cathedral City, CA
• Interwest Consulting Group – San Diego, CA
• TKE Engineering Inc. – Palm Desert, CA

The Proposals were reviewed by a panel consisting of four members of City Engineering Staf f. The panel cited all firms provided proposals that were responsive, qualified and knowledgeable about the requirements for the various tasks and understanding of Cathedral City and its Projects . The rating summary of the panel ’s review is attached.

From the onset, the Engineering division was looking for at least two consulting firms to provide th ese specialized engineering support services. Having two or more firms providing these on call services will assure the Staff that i f one firm does not have the capacity to take on additional work, there is the option to use the other.

The scores from the reviews ranked NAI Consulting, Inc. (NAI) and Interwest Consulting Group (Interwest) with the highest ratings . These two (2) firms submitted work proposals provid ing assurance that, if selected, the performance of any of the typical and/or extraordinary tasks that may be ordered by City Staff would be completed in a timely manner.

Following the scoring of the firms, the cost propos als of NAI and Interwest were opened and reviewed, per State/Federal requirements for evaluating proposals as the guideline.

The cost proposals received from the two (2) firms are consistent with current costs and in line with the City’s expectations for these types of services.

Staff is proposing both NAI and Interwest be recommended to provide On -Call State and Federal Engineering Services . Both the selected firms will work closely with the Engineering Division to perform the services required for order ed tasks in these

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upcoming two (2) years.

Thus, Staff is recommending City Council approve a two (2) year On-Call Service Agreement to each, NAI and Interwest, respectively, for On -Call Engineering Support Services for State and Federally Grant Funded Transportation Projects.

FISCAL IMPACT:

As cited above, both firms’ rates for services were acceptable to the City Staff , as they are consistent with current costs and in line with the City’s expectations for these costs of services.

Using the hourly rate s and unit prices from the agreements, City Staff will continue to negotiate Task Orders for each type of service required for a project. Many Task Orders will be grant eligible, others will be funded by State, Federal or local share (match) and others within the specific project cost. Total costs and funding sources for Task Orders prepared under the On Call and/or as needed contracts will be identified as each Task Order is issued. City Council approval, if needed, will be obtained prior to a Task Order issuance if the item exceeds the respective Division’s purchasing guideline requirements.

Funding for this item is reflected within the Professional and Technical Services budgets for Engineering and Public Works for FYs 2023/2024 and 2024/2025 and under individual State/Federal Grant projects and/or programs.

ATTACHMENTS:

Evaluation Scores and Rankings
NAI Consulting Inc. Work Proposal
Interwest Consulting Group Work Proposal
Professional Services Agreement - NAI Consulting Inc.

Professional Services Agreement - Interwest Consulting Group

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Scores NAI
Consulting Inc.

Interwest
Consulting
Group
TKE
Engineering
Inc.

Rankings NAI
Consulting Inc.

Interwest
Consulting
Group
TKE
Engineering
Inc.

Rater 1 93 78 78 Rater 1 122
Rater 2 98 79 79 Rater 2 122
Rater 3 95 62 55 Rater 3 123
Rater 4 94 83 79 Rater 4 123
AVERAGE 95 75.5 72.75 AVERAGE 12 2 . 5
RFP Evaluations ‐ On‐Call State
and Federal Projects
RFP Evaluations ‐ On‐Call State
and Federal Projects

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
NAI CONSULTING, INC.

This Agreement for Design Professional Services (“Agreement”) is entered into as of June 10, 2023 (“Effective Date”) by and between the City of Cathed ral City, a municipal corporation (“City”) and NAI Consulting, Inc., a California Corporation (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party ” and hereinafter collectively referred to as the “Parties.”

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

B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City’s M unicipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selec tion of Design Professional for performance of those services defined and described particularly in S ection 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:

1. TERM OF AGREEMENT.

Subject to the provisions of Section 21 "Terminati on of Agreement" of this Agreement, the Term of this Agreement is for two (2) years, ending on June 30, 2025.

2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Scope of Services. Design Professional 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.

Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall

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

3. ADDITIONAL SERVICES.

Design Professional shall not be compensated fo r 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 27 “Administration and Implementation” or Section 29 “Amendm ent” of this Agreement. If a nd when such additional work is authorized, such additional work shall be deemed to be part of the Services.

4. ALLOWABLE COSTS AND PAYMENTS

A. CONSULTANT will be reimbursed for hours work ed at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer pa yments, overhead, and fee. These rates are not adjustable for the performance period set fort h in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) da ys upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Co st Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONS ULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliver ables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subs istence costs shall not exceed State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

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H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not comm ence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notifica tion to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment w ill be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until retu rned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices electro nically. Separate invoices itemizing all costs are required for all work performed under each Task Or der. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prio r to the expiration or termination of this AGREEMENT. Invoices shall be e-mailed to [email protected] or mailed to LOCAL AGENCY’s Contract Administrator at the following address:

Armando J. Garcia Baldizzone, P.E.

City Engineer
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

L. The period of performance for Task Orders shall be in accordance with dat es specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $200,000 ($100,000 / year). It is unde rstood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

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5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fra ud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not li mited to, Section 17 “Inde mnification” and Section 18 “Insurance.”

6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, ph otographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agr eement shall become the sole property of City and may be used, reused or otherwise disposed of by C ity without the permission of the Design Professional.

Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings , photographs, studies, surveys, reports, data, notes, computer files, files, and other documents. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing in tellectual property of Design Professional, including Design Professional software and licensed software, or to any improvements thereto. Design Professional shall have no liability arising from the use of any documents for any purpose or on any project other than that for which it was produced.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Pr ofessional’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, su rveys, reports, data, notes, computer files, files or other documents.

7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.

For the purpose of determining compliance w ith Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate wo rkpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSU LTANT’s Independent CPA, shall make such workpapers and materials available at their resp ective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT.

LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any bo oks, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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8. INDEPENDENT CONTRACTOR.

Design Professional is and shall at all times rema in a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly confe rred under this Agreement or is otherwise expressly conferred in writing by City.

The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive dir ection and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.

Neither Design Professional, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any ot her benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.

9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.

Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required unde r this Agreement in a thorough, competent and professional manner. Design Professiona l shall at all times faithfully, comp etently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and perfo rmance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific st andard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated th e issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be pe rformed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement.

Design Professional shall obtain any and all licenses, pe rmits 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 la w or in equity, as a result of any failure of Design Professional to comply with this section.

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11. PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropria ted funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for in fluencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the aw arding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representati on of fact upon which reliance was placed when this transaction was made or entered into. Submission of th is certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this do cument that he or she shall require that the language of this certification be included in all lower tier sub-agreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

12. PREVAILING WAGE LAWS.

A. Covenant to Comply. Consultant covenants that it shall fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws).

For purposes of this Section 25(a) only, the te rm “subcontractors” sha ll not include suppliers, manufacturers, or distributors. Cons ultant further covenants that it shall take all practicable steps to ensure that its subcontractors comply with Prevailing Wage Laws if applicable to work performed by subcontractors. Refe rences to “Covered Se rvices” hereinafter shall designate such Services as are subject to Prevailing Wage Laws.

B. Payroll Records. Consultant and all subcontractors performing Covered Services shall keep an accurate payroll record, showing the name, address, social secur ity number, job classification, straight time and overtime hours worked each da y and week, and the actual per diem wages paid to each journeyperson, apprentice, or other empl oyee. All payroll records shall be certified as being true and correct by Consultant or the s ubcontractors performing C overed Services keeping such records; and the payroll records shall be available for inspection at all reasonable hours at Consultant’s principal office.

C. Subcontracts. Any subcontract en tered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the a lteration, demolition, repair, or maintenance of public works, shall c ontain all of the provisions of this Section.

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13. NONDISCRIMINATION and STATEMENT OF COMPLIANCE.

A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be exclude d from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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14. DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION
A. This Agreement is subject to 49 CFR, Pa rt 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeti ng its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0%. Participation by DBE consultant or subconsultants shall be in accordance with information contai ned in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the C onsultant Contract DBE Information (Exhibit 10-O2) attached hereto in Exhibit D and incor porated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federa l funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assis ted agreements. Failure by Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this Agreement or such other remedy as the City deems appropriate.

D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prio r written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE mu st also be responsible with respect to materials and supplies used on the c ontract, for negotiating pr ice, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which f unds are passed in order to obtain the appearance of DBE participation. In determin ing whether a DBE is such an ex tra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsib ility for at least thirty percent (30%) of the total cost of its contract with its own work for ce, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. Consultant shall maintain records of materi als purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

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The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhi bit 17-F, of the LAPM], certified correct by Consultant or Consultant’s aut horized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvant aged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator.

K. If a DBE subconsultant is dece rtified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any ch anges should be reported to the City’s Contract Administrator within 30 days.

15. COST PRINCIPLES
(a) Notwithstanding any other provision of this Agreement, Consultant agrees that the Contract Cost Principles and Pro cedures set forth in 48 CFR, Fede ral Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to de termine the allowability of cost individual items. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(b) Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

(c) In providing the services under this Agreement, Consultant agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Un iform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

(d) Consultant acknowledges that payments made by City to Consultant under this Agreement are subject to audit by the California De partment of Transportati on (“Caltrans”) and/or the federal government. The Consulta nt agrees to adhere to the Accounting and Auditing Guidelines for contracts with Caltrans available at dot.ca.gov, as well as the federal guidelines set forth herein.

Any cost for which payment has been made to Consu ltant that is determined by a subsequent audit to be unallowable under 49 CFR, Part 18, 48 CFR, Fe deral Acquisition Regulatio ns System, Chapter 1, Part 31.000 et seq., or under Caltrans auditing principals is subject to repayment by Consultant to the City. In such case, the City shall provide Consulta nt with a copy of the aud it findings and Consultant shall make the payment within ten days of City’s request.

16. CONFLICTS OF INTEREST.

Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional

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further covenants that in the performance of this Ag reement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Offi ce of the City Clerk within ten (10) days of the request.

City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the perform ance of non-related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projec ts shall not be considered a conflict of interest for purposes of this section.

City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties foll owing the completion of the Services under this Agreement. Any such future service shall not be c onsidered a conflict of interest for purposes of this section.

17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.

All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confid ential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, res ponse to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Pr ofessional gives City notice of such court order or subpoena.

If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professiona l for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.

Design Professional shall promptly notify City should Design Professional, its officers, employees, agents or subcontractors be served with any summons , complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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18. INDEMNIFICATION.

Indemnification by Design Professional. As pr ovided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all third-party claims. actions and proceedings (whether at law or equity, administra tive or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to th e negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub-consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent ne gligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both i ndemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding any provision of law to the contrary, Design Professional shall have the right to defend and settle any action for which indemnification is sought, provided that it shall not enter into any settleme nt that requires an admission of wrongdoing by any indemnitee without that indemnitee's approval. Design Professional's obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.

Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identi cal to those set forth here in this section from each and every sub- consultant, subcontractor or any ot her person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreemen t naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully r esponsible according to the terms of this section.

Failure of City to monitor comp liance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights here under. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.

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.

19. INSURANCE.

Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement.

All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.

20. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement

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without the prior written consent of the City, which sh all not be unreasonably delayed or withheld. Any attempted assignment shall be ineff ective, null and void, and shall cons titute a material breach of this Agreement entitling City to any and all remedies at la w or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

21. CONTINUITY OF PERSONNEL.

Design Professional shall make every reasonable effort to maintain the stab ility and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Desi gn Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

22. TERMINATION OF AGREEMENT.

City may terminate this Agreement, with or with out cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress.

Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Desi gn Professional, or City may terminate this Agreement immediately upon written notice.

Upon termination of this Agreement by either D esign Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice fo r work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

23. DEFAULT.

In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the defau lt, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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24. EXCUSABLE DELAYS.

Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional.

Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreemen t shall be equitably adjusted for any delays due to such causes.

25. COOPERATION BY CITY.

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

26. 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 certifie d mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Cathedral City
Attn: Charles P. McClendon, City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: NAI Consulting Inc.

Attn: Joshua Nickerson, Principal
68-955 Adelina Road
Cathedral City, CA 92234

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.

27. AUTHORITY TO EXECUTE.

The person or persons executing this Agreemen t on behalf of Design Pr ofessional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.

28. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and execute d 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 amen dments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

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29. BINDING EFFECT.

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

30. AMENDMENT.

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

31. 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 th is Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

32. LAW TO GOVERN; VENUE.

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

33. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is require d 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.

34. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties w ith respect to the matters addressed therein and supersedes all other agreements or understandings, whet her oral or written, or entered into between Design Professional 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.

35. SEVERABILITY.

If any term, condition or c ovenant of this Agreement is declar ed or determined by any court of competent jurisdiction to be invalid, void or unenfor ceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement sha ll be read and construed without the invalid, void or unenforceable provision(s).

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36. CONFLICTING TERMS.

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

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY NAI CONSULTING, INC.

__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 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 Office r

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

Signer is representing:

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

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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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 Office r

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

Signer is representing:

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

Signer(s) Other Than Named Above

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EXHIBIT "A"

SCOPE OF SERVICES

.

The Consultant is expected to provide weekly engineering support on or off site, as determined by the Director of Engineering / Public Works and/or the City Engineer. The anticipated length of the contract is two years with a starting date on June 10, 2023 and ending date on June 30, 2025. Typical services to be provided include, but are not limited to, the following:
a. Prepare for City signatures any necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding and approvals. b. Identify grant opportunities, prepare appli cations and documents (i.e. proposals and plans), evaluate and prepare budgets, and complete required federal forms. c. Attend Project Development Team meetings on behalf of the City. d. Assist in the preparation of formal and in formal requests for proposals for design and/or construction projects and summarize proposals received. e. Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time.
f. Provide design and construction services for minor Capital Improvement Projects. g. Prepare and track project schedules.
h. Prepare correspondence, reports, and memoranda necessary to administer various State and federally funded transportation projects.
i. Assist with issues associated with th e Coachella Valley Transportation Uniform Mitigation Fee (TUMF) Program.
j. Provide services in compliance with current Caltrans/Federal Highway Administration or other applicable state/federal policies and procedures where required for the project. k. Other duties as assigned by the Director of Engi neering / Public Works and/or the City Engineer.

The selected firm will be responsible for providing engineering support and grant administration services to ensure delivery of the projects remain consistent with FTIP, HBP and HSIP project schedules and programming guidelines, communicating with Caltrans on project deliverables and other administrative functions associated with delivering federally funded Local Assistance projects.

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EXHIBIT "B"

COMPENSATION

(See attached rates of compensation.)

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EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider sh all provide and maintain insurance, acceptable to the City, in full force and effect throughout the te rm 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 Insuran ce Services Office form Commercial General Liability cove rage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the sc ope of coverage for either insure d 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 do llars ($1,000,000). A co mbined 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 le ast 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 em ployers’ 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, Servic e Provider is to defend and indemnify the City from such claim.

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

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B. Other Provisions. Insurance policies re quired 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 insu rers 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 additiona l insureds as respects: liability arising out of activities Service Provider performs; products and comp leted 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 cove rage shall be primary insurance with respect to City, and its respective elected and appoint ed, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.

c. Service Provider’s insurance sha ll 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, sh all not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

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

3. Workers' Compensation Coverage. Un less 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 agen ts 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 neces sary 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 effecti ng coverage required by this Exhib it “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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1. Service Provider shall furnish cer tificates and endorsements from each sub- contractor identical to those Service Provider provides.

2. Any deductibles or self-insured reten tions must be declared to and approved by City. At the option of City, either the insurer sha ll 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 procur e a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

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

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
INTERWEST CONSULTING GROUP.

This Agreement for Design Professional Services (“Agreement”) is entered into as of June 10, 2023 (“Effective Date”) by and between the City of Cath edral City, a municipal corporation (“City”) and INTERWEST Consulting Group., a California Corpor ation (“Design Professional”). City and Design Professional are sometimes hereinafter individually re ferred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City’s M unicipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selec tion of Design Professional for performance of those services defined and described particularly in S ection 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:

1. TERM OF AGREEMENT.

Subject to the provisions of Section 21 "Terminati on of Agreement" of this Agreement, the Term of this Agreement is for two (2) years, ending on June 30, 2025.

2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Scope of Services. Design Professional 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.

Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall

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

3. ADDITIONAL SERVICES.

Design Professional shall not be compensated fo r 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 27 “Administration and Implementation” or Section 29 “Amendm ent” of this Agreement. If a nd when such additional work is authorized, such additional work shall be deemed to be part of the Services.

4. ALLOWABLE COSTS AND PAYMENTS

A. CONSULTANT will be reimbursed for hours work ed at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer pa yments, overhead, and fee. These rates are not adjustable for the performance period set fort h in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) da ys upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Co st Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONS ULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliver ables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.

After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subs istence costs shall not exceed State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

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H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not comm ence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notifica tion to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment w ill be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until retu rned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.