Cathedral City City Council
June 26, 2024

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

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024/2025
The City Council of the City of Cathedral City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Street Lighting and Landscape Maintenance District No. 1 (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2024 and ending June 30, 2025; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operating, maintaining and servicing landscaping, lighting and appurtenant facilities located within public places in the District; and,
WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Annual Levy Report (hereafter referred to as the “Report”) in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and,
WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2024 and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing landscaping improvements and street lighting improvements and appurtenant facilities located within public places in the District; and,
WHEREAS, The City Council has previously conducted a property owner protest ballot proceeding as part of the formation of the District and any increase in assessments pursuant to the applicable provisions of the California State Constitution Article XIIID and said District assessments proposed to be levied for Fiscal Year 2024/2025 are described in the approved Report.

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

Section 1: Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of the California State Constitution, Article XIIID have approved the assessments so presented.

Section 2: Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:

RESOLUTION NO. _____________

a) The land within District will receive special benefit by the operation, maintenance and servicing of landscaping, lighting, and appurtenant facilities within the boundaries of District.
b) The District includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2024 and ending June 30, 2025.

Section 3: The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.

Section 4: The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements including turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, drainage systems and all appurtenant facilities related thereto.

Section 5: The maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Section 6: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the Street Lighting and Landscape Maintenance District No. 1, and such money shall be expended only for the maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities as described in Section 4.

Section 7: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025.

Section 8: The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution.

RESOLUTION NO. _____________

PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF ________________, 2024.

AYES:

NOES:

ABSENT:

ABSTAINED:
___________________________
Mayor
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________ ____________________________ City Attorney Department Head
REVIEWED:
_____________________________
City Manager
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S

ANNUAL LEVY REPORT FOR THE STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 1 FISCAL YEAR 2024/2025
The City Council of the City of Cathedral City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, Willdan Financial Services, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22565, in connection with the proposed levy and collection of assessments for the Street Lighting and Landscape Maintenance District No. 1 (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2024 and ending June 30, 2025; and,
WHEREAS, The Engineer has prepared and filed with the City Clerk of the City of Cathedral City and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report, Street Lighting and Landscape Maintenance District No. 1, Fiscal Year 2024/2025” (hereafter referred to as the “Report”); and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and,

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

Section 1: The above recitals are all true and correct.

Section 2: The Report as presented, consists of the following:
a) A Description of the District and Improvements.
b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance)
c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each zone within said District for Fiscal Year 2024/2025.

Section 3: The Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 4: The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Report.

RESOLUTION NO. _____________

PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF ________________, 2024.

AYES:

NOES:

ABSENT:

ABSTAINED:
___________________________
Mayor
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________ ____________________________ City Attorney Department Head
REVIEWED:
_____________________________
City Manager

City of Cathedral City
Street Lighting and Landscaping
Maintenance District No.1
2024/2025 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 8, 2024
Public Hearing: June 26, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

23rd May

TABLE OF CONTENTS
I. OVERVIEW........................................................................................................... 1 DESCRIPTION OF THE DISTRICT .............................................................. 1 A. Improvements Within the District .......................................................1 B. District Zone Boundaries and Improvements .....................................2 C. Improvements Authorized By The 1972 Act.......................................8 II.

III. Method of Apportionment ............................................................................. 9 A. General..............................................................................................9 B. Methodology....................................................................................10 C. Assessment Adjustment Formula to Offset Inflation.........................12 IV. DISTRICT BUDGET......................................................................................... 13 A. Description of Budget Items.............................................................13 APPENDIX A............................................................................................18 APPENDIX B............................................................................................19

I. OVERVIEW
The City of Cathedral City (“City”) annually levies and collects special assessments in order to provide and maintain improvements within the Street Lighting and Landscaping Maintenance District No. 1 (“District”). In August 2001, the District was formed by passage of City Council Resolution No. 2001-57, after a public hearing and protest ballot process in accordance with Article XIIID of the California Constitution (“Article XIIID”). The District was originally formed with four (4) benefit zones (“Zones”) and, along with all subsequent annexations of additional Zones, is described herein. The District assessment is levied annually pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and Article XIIID.

This Engineer’s Annual Levy Report (“Report”) describes the District and improvements, any proposed changes to the District or improvements and the proposed budgets and assessments for Fiscal Year (“FY”) 2024/2025. The assessments are based on the City’s estimated cost to maintain the improvements that provide a special benefit to properties assessed within the District. The improvements within the District and the corresponding costs and the annual levy are budgeted and assessed for each separate Zone, including expenditures, deficits, surpluses, revenues, and reserves.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number by the Riverside County (“County”) Assessor’s Office.

The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed for special district benefits on the County tax roll.

Following consideration of public comments and written protests at a noticed public hearing, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments, the City Council may then order the levy and collection of assessments for FY 2024/2025 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel in FY 2024/2025.

II. DESCRIPTION OF THE DISTRICT
A. Improvements Within the District
The improvements in each of the Zones of the District include the operation, maintenance, rehabilitation and servicing of landscaping, lighting and appurtenant facilities including but not limited to, the cost of personnel, electrical energy, water service, materials, equipment, contracting services, and other items necessary for the satisfactory operation of these services described as follows:
2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 1

Landscaping and Appurtenant Facilities
Landscaping improvements include but are not limited to: ground cover, shrubbery, trees, irrigation systems, hardscapes, fixtures; sidewalk maintenance resulting from landscape growth, drainage basin cleaning and maintenance, graffiti removal, and related facilities; and work in public rights-of-way, medians, parkways and dedicated easements within the boundaries of said District.

Lighting and Appurtenant Facilities
Street lighting improvements include but are not limited to: energy costs, poles, fixtures, bulbs, conduits, conductors, equipment (including guys, anchors, posts and pedestals), metering devices and appurtenant facilities required to provide safety lighting and landscape lighting in public rights-of-way, medians, parkways and dedicated easements.

The public lighting system in each of the Zones is maintained to provide adequate illumination. Power for streetlights is furnished by the Southern California Edison Company. Rates for power are those authorized by the California Public Utilities Commission.
“Maintenance” means the furnishing of services, materials and labor for the ordinary and usual operation, maintenance, care and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste; the replacement of dead or dying vegetation, plants and (50%) trees; the cleaning, sandblasting, and painting of walls and other improvements to remove graffiti; and the cleaning, grading, disking, and maintenance of drainage basins to maintain their appearance, percolation, and storage volume. “Servicing” means the furnishing of water for the irrigation of the landscaping and the furnishing of electric current, gas, or other illuminating agent for the public lighting facilities, or for the decorative lighting or operation of landscaping or appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference herein made a part of this Report.

B. District Zone Boundaries and Improvements
The District is presently divided into sixteen (16) Zones, based on the special benefit received by the property within each of the respective Zones. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 2

Zone One (Vista Del Rey, Tract 29664)
Zone One consists of seventy-two (72) single-family residential parcels located south of 30th Avenue east of Date Palm Drive. There are two (2) arterial streetlights located on 30 th Avenue and nine (9) located within the interior streets of the development. The improvements maintained in the Zone include the landscaping and maintenance of the parkway on 30th Avenue associated with the development.

Zone Two (La Paloma, Tract 29584)
Zone Two consists of sixty-five (65) single-family residential parcels located on the northwest corner of 30 th Avenue and Da Vall Drive. There are six (6) arterial streetlights located on 30th Avenue and Da Vall Drive and eight (8) located within the interior streets of the development. The improvements maintained in the Zone include the landscaping and maintenance of the parkways on 30th Avenue and on Da Vall Drive associated with the development. Also included is the graffiti removal from the perimeter walls along both 30 th Avenue and Da Vall Drive and maintenance of a drainage basin.

Zone Five (Tapestry, Tract 29487 and Tract 29487-1)
Zone Five consists of eighty (80) single-family residential parcels, located at the southwest corner of 30 th Avenue and Santoro Drive. There are three (3) arterial streetlights located on 30 th Avenue and Santoro Drive and nine (9) located within the interior streets of the development. The improvements maintained in the Zone include the landscaping and maintenance of the parkways on 30th Avenue and on Santoro Drive associated with the development. Also included is the graffiti removal from the perimeter walls along both 30th Avenue and Santoro Drive.

Zone Seven (Montage, Tract 29771)
Zone Seven consists of one hundred twenty-eight (128) single-family residential parcels, located at the southwest corner of Gerald Ford Drive and Da Vall Drive, of which 50% is in the City of Cathedral City and the other 50% is in the City of Rancho Mirage. The City of Rancho Mirage’s landscape contractor maintains the landscaping and irrigation. There are twelve (12) arterial streetlights located on Gerald Ford Drive and Da Vall Drive. The improvements maintained in the Zone include the landscaping and maintenance of a raised median island on Gerald Ford Drive and on Da Vall Drive associated with the development. Also included is the graffiti removal from the perimeter walls along both Gerald Ford Drive and Da Vall Drive.

Zone Eight (Baristo, Tract 30256 and Tract 30256-1)
Zone Eight consists of forty-two (42) single-family residential parcels, located south of McCallum Way and west of Santoro Drive, at the ends of Victor Road, Neuma Road, and El Toro Road. Tract 30256 has twenty-two (22) single-family residential parcels and Tract 30256-1 has twenty (20) single-family residential parcels. The 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 3

improvements maintained for this residential subdivision include four (4) interior streetlights on the four streets of the development.

Zone Nine (La Pasada Neighborhood, Tract 27097-8)
Zone Nine consists of eighty-six (86) single-family residential parcels, located on interior public streets, abutting Vista Chino, an arterial highway, and bisected by Avenida Maravilla, a collector street which intersects Vista Chino and is also the main entryway into the La Pasada development.

The improvements maintained in this Zone include the streetlights on the interior streets of Tract 27097-8, and the Zone’s proportional special benefit from the maintenance and upkeep of the Vista Chino and Avenida Maravilla landscaping, street lighting improvements, and graffiti removal. Zone Nine represents 27.4% of the total number of parcels in the La Pasada Neighborhood that benefit from improvements on Vista Chino and Avenida Maravilla. These properties are assessed proportionately for the cost of those improvements based on 27.4%.

There are three (3) arterial streetlights and six (6) interior streetlights within this Zone.

Zone Eleven (Downtown Core Area, Tract 28339)
Zone Eleven consists of eleven (11) parcels. Ten (10) parcels in the Zone are commercial/industrial development with a combined acreage of 14.77. One (1) parcel in the Zone is a multi-family residential development comprised of sixty-one (61) units. The Downtown Core area is designated in the Downtown Specific Plan.

It includes the Cathedral City Civic Center, a parking structure, theaters, Town Square and Downtown commercial-retail development sites. The properties within this Zone benefit from five (5) arterial streetlights located along the sidewalk and parkway areas of both East Palm Canyon and Cathedral Canyon Drive, as well as forty-six (46) interior streetlights located in the Core area.

Zone Twelve (Mercy Housing Project)
Zone Twelve consists of two (2) multi-family residential parcels comprised of a total of seventy-five (75) units. The Mercy Housing project is an affordable housing project on the block between “A” Street and “C” Street, and between Cathedral Canyon Drive and West Buddy Rogers Avenue. The project site was originally comprised of fifteen (15) parcels, which were combined into one large parcel that was subsequently split into two (2) parcels. The Zone also includes a 5,000 Sq. Ft. senior center area. The improvements maintained by the Zone include streetlights and landscaping. The operators of the development maintain the landscaping improvements around the site and in the street parkways. There are six (6) streetlights around the perimeter of the site; one (1) arterial streetlight is on Cathedral Canyon Drive and the other five (5) are within the interior of the Zone. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 4

Zone Fifteen (Landau Homes, Tract 21491 & 24982)
Zone Fifteen consists of one hundred eleven (111) single-family residential parcels located in the subdivision known as Landau Homes. Zone Fifteen is located within the boundaries of the City, generally south of 30th Avenue, north of Vega Road and west of Landau Boulevard.

The improvements maintained in the Zone include the landscaping and maintenance of the parkways along the west of Landau Boulevard, between 30th Avenue and Vega Road and the graffiti removal along a block wall on Landau Boulevard’s west side. A total of twenty-nine (29) streetlights, including eighteen (18) interior and eleven (11) arterial, are maintained.

Zone Sixteen (Century Park, Tract 20765-1 thru 8 & 29139) Zone Sixteen consists of five hundred ninety-nine (599) single-family residential parcels located in the subdivision collectively known as Century Park. Zone Sixteen is located within the boundaries of the City, bordered by 30th Avenue to the north, Da Vall Drive to the east, McCallum Way to the south, and Santoro Drive to the west. The parcels within the Zone consist of only residential parcels in addition to a neighborhood park owned by the City. The improvements maintained in this Zone include all streetlights and maintenance of Century Park. There are a total of two hundred (200) streetlights within the Zone, including forty-eight (48) arterial, one hundred forty (140) interior, and twelve (12) within the park.

Zone Sixteen provides for a one hundred percent (100%) contribution from the City’s General Fund for the maintenance of the public park. In addition, the arterial street lights in this zone are funded with a fifty percent (50%) contribution from the City's General Fund.

Zone Seventeen (Panorama Park, Tract 2040 & 2232)
Zone Seventeen consists of two thousand four hundred two (2,402) parcels and is comprised of the following:
• Sixty-one (61) commercial/industrial parcels with 15.15 cumulative acreage. • One hundred twenty-two (122) multi-family residential parcels comprised cumulatively three hundred twenty-seven (327) units.
• Four (4) Mobile Home Park parcels.
• Two thousand one hundred and twenty-six (2,126) single-family residential parcels.
• Eighty-nine (89) single-family vacant residential parcels.

Zone Seventeen consists of the parcels located in the subdivisions collectively known as Panorama Park. Zone Seventeen is located within the boundaries of the City, bordered by Vista Chino to the north, Date Palm Drive to the east, 30th Avenue to the 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 5

south, and Landau Boulevard to the west. The improvements maintained in Zone Seventeen include the maintenance and landscaping of facilities located within Panorama Park and the maintenance and servicing of one hundred seventy-three (173) streetlights within the Zone, including sixty-one (61) arterial, one hundred eight (108) interior, and four (4) within the park.

Zone Seventeen provides for a one hundred percent (100%) contribution from the City’s General Fund for the maintenance of the public park. In addition, the arterial streetlights in this zone are funded with a fifty percent (50%) contribution from the City's General Fund.

Zone Eighteen (Landau Manor, Tracts 27962, 27962-1 & 30744) Zone Eighteen contains eighty one (81) parcels. There are eighty (80) single-family residential parcels and one (1) vacant single-family residential parcel. Zone Eighteen consists of the parcels located in the subdivision known as Landau Manor. Zone Eighteen is located within the boundaries of the City, generally south of Vega Road, north of McCallum Way, east of Keith Avenue and west of Landau Boulevard. The properties within the Zone also include open space retention basins.

The improvements maintained in the Zone includes streetscape maintenance, including graffiti removal along the 6 foot high block wall on Landau Boulevard’s west side between Vega Road and McCallum Way; retention basin maintenance including clean out of debris and weed control at the three sites located at the southwest sections of each development; all street lighting within the residential subdivisions in the Zone; street lights at Vega Road, McCallum Way and Landau Boulevard; and public street lighting and other public lighting facilities on the streets surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Zone. A total of twenty (20) streetlights, including eight (8) interior and twelve (12) arterial, are maintained.

Zone Nineteen (Alicante, Tract 24035-1)
Zone Nineteen consists of sixty-three (63) single-family residential parcels located in the subdivision known as Alicante Neighborhood. The Zone is located in the northwest quadrant of the intersections of McCallum Way and San Eljay Drive.

More specifically, this includes properties that are south of Rosemount Road, west of San Eljay Drive, and north of McCallum Way.

The improvements maintained in the Zone include the landscaping and maintenance of parkways on the north side of McCallum Way from San Eljay west approximately 600 linear feet; parkways on the west side of San Eljay Drive from McCallum Way to Rosemont Road; graffiti removal, paint and wall repairs along the masonry block wall on McCallum Way and San Eljay Drive; lighting and servicing of four (4) interior streetlights located at the end of each of the cul-de- sacs located within the tract, and nine (9) arterial streetlights located along 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 6

McCallum Way, San Eljay Drive, and Rosemount Road.

Zone Twenty (Cimarron, Tract 25804-1)
Zone Twenty consists of thirty-two (32) single-family residential parcels located in the subdivision known as Cimarron Neighborhood. The Zone is located in the northeast quadrant of the intersection of 30 th Avenue and Santoro, the interior streets of Borrego Road, Santa Rosa Street and Cimarron Court.

The improvements maintained in the Zone include the landscaping and maintenance of two (2) landscaped parkways to include a total of 16,000 square feet in the north side of 30th Avenue (Santoro Drive to east tract limits) and the east side of Santoro Drive (30th Avenue to the north tract limit); and lighting and servicing of six (6) interior streetlights located throughout the tract and three (3) arterial streetlights located along Santoro Drive and 30th Avenue.

Zone Twenty-One (Santoro Estates, Tract 25804-1)
Zone Twenty-One consists of thirty-six (36) single-family residential parcels located in the subdivision known as Santoro Estates Neighborhood. The Zone located in the southwest corner of Santoro Drive and Tortuga Road. This includes properties east of Santoro Drive, west of Da Vall Drive, south of Tortuga Road, north of Borrego Road and the interior streets of Santa Rosa Street, Anza Court and Manzanita Court.

The improvements maintained in the Zoneinclude a landscaped parkway on the east side of Santoro Drive (from Tortuga Road south to the Cimarron tract line just north of Borrego Road), pedestrian safety streetlights, graffiti removal and litter control along Santoro Drive; lighting and servicing of six (6) interior streetlights located throughout the tract; and three (3) arterial streetlights located along Santoro Drive. In addition, the assessment, includes the landscape maintenance associated with a retention basin (on two (2) of the parcels) servicing this Zone.

Zone Fifty-Four (Jack-in-the-Box, Tract 019196)
Zone Fifty-Four is one (1) commercial parcel with a Chevron gas station and a Jack-in- the-Box within the Zone. The Zone is located on Palm Drive just east of the I-10 freeway.

The improvements maintained in this Zone include a streetlight on Palm Drive and Paul Road, and the landscaped median on Palm Drive. The maintenance and servicing of landscaping within the public right-of-way, includes the trimming, fertilizing, weeding and replanting of trees, shrubs, grass and other ornamental vegetation. The maintenance and servicing of irrigation and electrical facilities associated with the landscaping, including but not limited to electricity for operation of the irrigation system and water for irrigation; and the provision of electricity to all streetlights within the public right-of-way, including incidental costs and expenses. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 7

C. Improvements Authorized By The 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 8

III. METHOD OF APPORTIONMENT
A. General
Part 2 of Division 15 of the 1972 Act, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance, rehabilitation and servicing of streetlights, parks and landscaping.

The 1972 Act requires that maintenance assessments be levied according to the special benefit received. Section 22573 provides that:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements”.

The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). In addition, Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits.

General Benefit: Articles XIIIC and XIIID of the California Constitution require that the benefit to the public at large be identified for any improvements being funded through an assessment district. This general benefit may not be assessed to the parcels through an assessment district. The following Method of Assessment for the District analyzes the benefit to the public at large from the landscaping and lighting improvements provided by the City for the District.

Special Benefit: Article XIIID of the California Constitution defines special benefit as “a particular and distinct benefit over and above the general benefits conferred on real property located in the district or to the public at large.” General enhancement of property values does not constitute ‘special benefit’. The following Method of Assessment for the District analyzes the special benefit each parcel receives from the improvements funded in each Zone of the District. The cost of the landscaping maintenance is distributed to parcels in each Zone based on the special benefit each parcel receives. The District has an assessment formula based on spreading the costs associated with each Zone over the parcels within the Zone. The costs are spread to the individual parcels based on their proportional special benefit utilizing an Equivalent Dwelling Unit Method of Apportionment. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 9

The City determined that 50% of the collector/arterial lighting is considered general benefit with the remaining 50% of the costs (the special benefit component) to be apportioned to each parcel based on the established Equivalent Dwelling Unit calculations.

B. Methodology
Each parcel is assigned a weighting factor known as an Equivalent Dwelling Unit (EDU) to identify the parcel’s proportionate special benefit from the improvements.

Each parcel’s EDU is calculated based on the parcel’s land use, development status and/or size as compared to other parcels that are associated with the improvements. All single-family residential properties are assigned an EDU of 1.0, and all other property types are assigned an EDU proportionate to the special benefits they receive as compared to this single-family residential property. For each Zone, the total EDU’s are divided into the total amount to be assessed to establish the Assessment per EDU (Rate). This Rate is then multiplied by each parcel’s individual EDU to establish the parcel’s levy amount.

The following is a list of EDU’s by land use type:

Single-Family Residential (SFR): This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EDU per parcel.

Condominium: Condominium units will be treated the same as Single-Family Residential units, and therefore these parcels will be assessed 1.0 EDU per dwelling unit.

Multi-family Residential (Apartments), Mobile Home Parks, and Recreational Vehicle Parks: Studies have consistently shown that the average apartment unit impacts infrastructure approximately 80% as much as a single-family residence, and the average mobile home or recreational vehicle (RV) unit impacts infrastructure approximately 50%. This equivalency factor is in general use in the State of California. Therefore, multi-family residential parcels (parcels with more than one dwelling on the parcel) will be assessed 0.8 EDU per dwelling unit and mobile home and RV parks 0.5 EDU per dwelling unit due to the higher population density of these types of dwelling units and reduced unit size compared to the typical density and size of single-family units.

The EDU's assigned to a multi-residential or a mobile home/RV parcel is calculated based on the number of dwelling units and the appropriate EDU factor. For example, the 0.8 EDU factor for multi-residential is multiplied by the number of dwelling units or apartments on the parcel to determine the total EDU's for the parcel. Similarly, the total EDU's for a mobile home or a RV park parcel are calculated by multiplying the 0.5 EDU factor by the number of mobile home spaces or RV spaces on the parcel.
2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 10

Commercial/Industrial: In converting improved Commercial/Industrial properties to EDU's, the factor used is the City’s average single-family residential density of 6 dwelling units per acre. Therefore, the Commercial/Industrial parcels, including institutional uses and vacant Multi-family parcels, will be assessed 6.0 EDU per acre or any portion thereof.

Vacant Residential: This land use is defined as property currently zoned for single-family detached or multi-family residential development, but a tentative or final tract map has not been submitted and/or approved. Parcels designated as vacant residential land-use will be assessed 0.5 EDU per dwelling unit including vacant subdivided residential parcels.

Vacant-rural: Parks and vacant parcels with no immediate development potential will be designated vacant-rural. These parcels will be assigned EDU's at the rate of 12.5% of the developed Commercial/Industrial properties, or 0.75 EDU per acre, up to a maximum of 5 acres per parcel. Vacant parcels with approved subdivision maps will be assessed based on the approved future designated use.

Public Property: Public property, which is developed and used for residential or business purposes will be assessed the same as private property with the same use. Schools will be assessed as Commercial/Industrial uses for those portions of the parcels with building improvements on them, and the playground and athletic fields will not be assessed. Parks will be assessed as vacant-rural property.

Exempt: Public streets, public alleys, public easements and rights-of-ways, public greenbelts, and parkways are exempt from assessment. An exception to this is where the public agency owning the otherwise exempt property chooses to participate and to pay its assessment. Also exempt from assessment are utility rights-of-way, common areas (such as in condominium complexes) and landlocked parcels that do not benefit from the improvements. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 11

A summary of Equivalent Dwelling Unit (EDU) rates is shown in the table below:

Land-Use Category EDU Factor

0.0 EDUExempt
Single-Family Residential (SFR)
Condominium
Multi-Family Residential (MFR)
Mobile Home Park
Recreation Vehicle park
Commercial/Industrial

1.0 EDU

1.0 EDU

0.8 EDU/UNIT

0.5 EDU/SPACE

0.5 EDU/SPACE

6.0 EDU/ACRE
Vacant Residential, SFR or MFR 0.5 EDU/UNIT
Vacant Rural / Parks 0.75 EDU/ACRE
5 acres max.

Public Property
Residential / Business use
School building parcels
School playground / fields
Public Parks
Same as Private
Same as Comm./Ind.

Not assessed
Same as Vac./Rural
The following formulas are used to calculate each property’s assessment for each Zone:

Total Budget FY 2024/2025 / Total EDUs = Assessment per EDU (Rate) Parcel EDU x Assessment Rate per EDU = Parcel Levy Amount C. Assessment Adjustment Formula to Offset Inflation
It is recognized that the cost of maintaining the improvements may increase slightly every year as a result of inflation.

New or increased assessments require certain noticing, meeting, and balloting requirements. However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of an increased assessment was later confirmed by Senate Bill 919 (The Implementing Legislation for Proposition 218).

The Zone assessments include a formula for increasing assessments for each fiscal year to offset increases in costs due to inflation. This assessment adjustment formula complies with the above referenced Government Code Section and was adopted by the City Council as approved by the property owners when they were balloted for their assessments. The increase to the maximum assessment amount 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 12

will be applied to each zone within the Street Lighting and Landscape Maintenance District No.1 except Zone 54.

Starting with Fiscal Year 2019/2020, the maximum assessment amount allowed for each fiscal year shall be increased by an amount equal to the annual percentage increase of the Local Consumer Price Index (“CPI”) for Riverside - San Bernardino - Ontario Counties Southern Region (new region created). For the prior fiscal years, the CPI index used was within the region generally known as the Los Angeles-Long Beach-Anaheim County Area. The calculation of the allowable maximum assessment rate is calculated independently from the budgeted annual assessment and may be increased each fiscal year even if the budgeted annual assessment rate is unchanged.

Each fiscal year the City shall identify the percentage difference between the CPI for the current January and the CPI for the previous January. This percentage difference shall then establish the range of increased assessments allowed based on CPI. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

The percentage difference for the CPI for the Riverside - San Bernardino - Ontario Counties Southern Region applicable for FY 2024/2025 is 2.88%. Therefore, the maximum assessment rates allowed for FY 2024/2025 have been adjusted over the prior year’s maximum assessment rates. For the rates per Zone, see Section IV, District Budget.

If the budget and assessments for a given Zone require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to the procedural requirements of Section 4 of Article XIIID.

IV. DISTRICT BUDGET
A. Description of Budget Items
The following describes the services and costs that are funded through the District, shown in the budget:

Maintenance & Operations: Includes third-party maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Also, graffiti removal may be included, which can vary from minor to major in the scope and removal.

Public Works Maintenance Labor: Includes Cathedral City employee maintenance labor required to properly maintain the authorized improvements and services within the District.
2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 13

Water: The cost of irrigation water for the landscape to be maintained is based upon actual Desert Water Agency and Coachella Valley Water District billings on public landscaped areas being maintained within the District.

Arterial and Interior Streetlights: Energy costs for streetlights. For streetlights on arterial highways and collectors where there is some general benefit, 50% of this cost is levied to the parcels within the benefit zones and 50% is general contribution from the City. Interior residential streetlights are a full benefit of the adjacent parcels and are assessed at 100% of the cost for their energy and maintenance.

Electrical energy: Energy costs included are those necessary for the operation of irrigation controls.

Incidental costs: Costs for special items, such as costs of levying the assessments with the County Tax Collector and Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer’s Report, and other related costs, such as publication of notices, mailings, etc. per Section 22526 of the Streets and Highways Code.

Reserve Fund: A reserve is authorized under the provisions of Section 22569(a) of the Streets and Highways Code in an amount not to exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year in question, or whenever the City expects to receive its apportionment of special assessments from the County, whichever is later. Consistent with this authority, during the 2001 District formation proceedings, Council set a general policy of establishing the reserve amount for each Zone at 25% of the total estimated maintenance costs for that Zone, subject to the Zone’s ability to fund the reserve through the assessments. The reserve amount is also authorized to be used for any unanticipated, ordinary and usual “maintenance”, as that term is defined in Section 22531 of the Streets and Highways Code. Repairs required by unanticipated, extraordinary and catastrophic occurrences would not fall within the definition of ordinary and usual “maintenance” and thus could not be paid for with reserve monies.

To the extent reserve amounts are not expended in a particular fiscal year, then they will be carried over to the next fiscal year and included as surplus in the Engineer’s Report, as required by Section 22656 of the Streets and Highways Code. The amount of any surplus shall be credited against the amount of any authorized reserve for each fiscal year. So, for example, to the extent 25% of the estimated costs of the improvements for the upcoming fiscal year already exist in the fund for a particular zone, no collection for a reserve would be required for that zone. (Note: This section was modified by action of the City Council on July 31, 2002).
2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 14

STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2024/2025
ZONE 1
Tract 29664
Vista Del Rey
ZONE 2
Tract 29584
La Paloma
ZONE 5 ZONE 7 ZONE 8
Tract 29487 & Tract 29771 Tract 30256 &
29487-1
Tapestry
Montage 30256-1
Baristo
County Fund Number 68-2222
72 68-2212
65 68-2213
80 68-2214
128
68-2215
42Equivalent Dwelling Units
Total Parcels Levied 72 65 80 128 42
Maintenance & Operations
Public Works Maintenance Labor
Professional & Technical
$ 10,400.00
3,516.84

0.00 $ 20,975.00

0.00 $ 25,700.00
2,007.36

0.00 $ 4,608.00

0.00 $ 0.00

0.00 0.00$
$
$
$
$
$
$
$

0.00 $
$
$
$
$
$
$
$

0.00 $
$
$
$
Water 380.11 1,842.58
1,441.50
1,082.62
(541.31)
473.90
1,406.09
1,616.91
782.48

0.00 0.00
Interior Street Lights 1,622.31
356.95

0.00 665.30

0.00Arterial Street Lights 2,163.36
(1,081.68)

0.00 Less: 50% General Fund Contribution (Arterial only) Electricity
(178.47)
230.83
(391.24)
429.63

0.00 0.00
Less: General Fund Contribution to Park Maintenance Costs Subtotal Maintenance Costs: $ 16,328.56 $ 25,274.29 $ 31,551.22 $ 5,689.68 $ 665.30 Assessment Engineering
City Admin Fees
$ 770.93
1,408.71
121.07
$ 1,280.55
1,295.09
117.78
$ 1,776.07
1,538.57
124.83
$ 868.66
600.00
147.39
$ 199.43
921.75
106.97County Fees for Assessment Collection
Subtotal Incidental Costs: $
$
2,300.71 $
$
2,693.42 $
$
3,439.47 $
$
1,616.05 $
$
1,228.15
Total Operating Budget FY 2024/2025 18,629.28 27,967.71 34,990.69 7,305.73 1,893.45 Reserve Fund
July 1, 2024 Estimated Beginning Balance ¹
FY 2024/2025 Reserve Fund Collection/(Contribution)
$ 23,249.20
(4,229.28)
$ 11,429.40
2,257.29
$ 22,869.52
(590.69)
$ 1,287.79
1,331.71
$ 4,498.94
404.79
June 30, 2025 Estimated Ending Balance $ 19,019.92 $ 13,686.69 $ 22,278.83 $ 2,619.50 $ 4,903.73 Maximum 25% Reserve of Maintenance costs for FY 2024/2025 ² $ 4,082.14 $ 6,318.57 $ 7,887.80 $ 1,422.42 $ 166.33 Balance To Levy $ 14,400.00 $ 30,225.00 $ 34,400.00 $ 8,637.44 $ 2,298.24 2023/2024 Maximum Assessment Rate ³
2023/2024 Applied Assessment Rate
$
$
287.81
214.00
$
$
933.48
460.00
$
$
835.80
420.00
$
$

65.60 65.60
$
$

53.19 53.18
2024/2025 Maximum Assessment Rate ³
2024/2025 Applied Assessment Rate
$
$
$
296.10
200.00
$
$
960.34
465.00
$
$
859.85
430.00
$
$

67.48 67.48

0.00 $
$
$

54.73 54.72
(0.01)Applied Rate Over/Under Maximum Rate
Consumer Price Index Adjustment
(96.10) $ (495.34) $ (429.85) $
CPI Adjustment 2.88% 2.88% 2.88% 2.87%

1.88 2.90%

1.54Difference between Applied 2023/2024 and Applied 2024/2025 per parcel Difference between Max 2023/2024 and Max 2024/2025 per parcel $
$
(14.00) $ 5.00 $
$

10.00 24.05
$
$
$
$8.29 $ 26.86 1.88 1.54
Total Budget FY 2024/2025 $ 14,400.00 $ 30,225.00 $ 34,400.00 $ 8,637.44 $ 2,298.24 ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items). ³ For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

CPI increases will affect all zones within the District except Zone 54. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 15

STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2024/2025
ZONE 9
Tract 27097-8
La Pasada
ZONE 11
Tract 28339
Downtown Core
ZONE 12
Mercy Housing Tract 21491 &
ZONE 15 ZONE 16
Tract 29139
Century Park
Zone
ZONE 17
Tract 2040 &
2232Project 24982
Landau HomesNeighborhood Panorama Park
County Fund Number 68-2216
86 68-2217
137.42
11 68-2218 68-2219
111
68-2220
599
68-2221
2,526.54
2,402
Equivalent Dwelling Units 60
Total Parcels Levied 86 2 111 599
Maintenance & Operations
Public Works Maintenance Labor
Professional & Technical
$ 9,240.00

0.00 $ 0.00

0.00 $ 2,000.00

0.00 $ 34,500.00

0.00 $ 66,963.93
73,077.44

0.00 $ 72,440.18
84,656.28

0.00 $
$
$
$
$
$
$
$
$

0.00 $
$
$
$

0.00 $
$
$
$

0.00 $
$
$
$

0.00 $
$
$
$
Water 0.00 0.00 921.72

0.00 697.17
2,866.98
2,060.48
(1,030.24)
224.08
20,285.32
9,708.17
7,076.25
(3,538.12)
3,595.94
(133,345.77)
35,328.82
21,100.41
12,488.11
(6,244.06)
3,509.61
Interior Street Lights 1,081.84
591.58
(295.79)

0.00 2,613.00
706.20
(353.10)

0.00 Arterial Street Lights 0.00
Less: 50% General Fund Contribution (Arterial only)
Electricity

0.00 0.00
Less: General Fund Contribution to Park Maintenance Costs (217,035.30) Subtotal Maintenance Costs: $ 10,617.63 $ 2,966.10 $ 2,921.72 $ 39,318.46 $ 43,823.15 $ 6,244.06 Assessment Engineering
City Admin Fees
$ 1,822.73
600.00
127.65
$ 630.17
418.55

92.40 $ 183.00
272.46

88.17 $ 1,838.12
2,041.77
139.40
$ 8,227.09
9,963.05
368.76
$ 14,870.80
39,229.60
1,216.17County Fees for Assessment Collection
Subtotal Incidental Costs: $
$
2,550.38 $
$
1,141.13 $
$
543.63 $
$
4,019.29 $
$
18,558.91 $
$
55,316.56
Total Operating Budget FY 2024/2025 13,168.00 4,107.22 3,465.35 43,337.75 62,382.06 61,560.62 Reserve Fund
July 1, 2024 Estimated Beginning Balance ¹
FY 2024/2025 Reserve Fund Collection/(Contribution)
$ 41,525.49
12,632.00
$ 18,916.71
702.48
$ 1,527.98
(958.55)
$ 55,907.46 $ 66,728.26
9,497.94
$ 152,211.96
(11,029.82)(10,037.75)
June 30, 2025 Estimated Ending Balance $ 54,157.49 $ 19,619.19 $ 569.43 $ 45,869.71 $ 76,226.20 $ 141,182.14 Maximum 25% Reserve of Maintenance costs for FY 2024/2025 ² $ 2,654.41 $ 741.52 $ 730.43 $ 9,829.62 $ 10,955.79 $ 1,561.01 Balance To Levy $ 25,800.00 $ 4,809.70 $ 2,506.80 $ 33,300.00 $ 71,880.00 $ 50,530.80 2023/2024 Maximum Assessment Rate ³
2023/2024 Applied Assessment Rate
$
$
446.06
325.00
$
$
146.38

35.00 $
$

40.63 40.62
$
$
346.83
280.00
$
$
274.51
125.00
$
$

83.37 26.00
2024/2025 Maximum Assessment Rate ³
2024/2025 Applied Assessment Rate
$
$
$
458.90
300.00
$
$
150.59

35.00 $
$

41.79 41.78
$
$
356.81
300.00
$
$
282.41
120.00
$
$

85.77 20.00
Applied Rate Over/Under Maximum Rate
Consumer Price Index Adjustment
(158.90) $ (115.59) $ (0.01) $ (56.81) $ (162.41) $ (65.77) CPI Adjustment 2.88% 2.88% 2.86% 2.88% 2.88% 2.88%
(6.00)

2.40 Difference between Applied 2023/2024 and Applied 2024/2025 per parcel Difference between Max 2023/2024 and Max 2024/2025 per parcel $
$
(25.00) $ 0.00

4.21 $
$

1.16 1.16
$
$

20.00 9.98
$
$
(5.00) $

12.84 $ 7.90 $
Total Budget FY 2024/2025 $ 25,800.00 $ 4,809.70 $ 2,506.80 $ 33,300.00 $ 71,880.00 $ 50,530.80 ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items). ³ For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

CPI increases will affect all zones within the District except Zone 54. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 16

STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2024/2025
ZONE 18
Tract 27962,
27962-1 & 30744
Landau Manor
ZONE 19 ZONE 20 ZONE 21 Zone 54 Total
Tract 24035-1 Tract 25804-1 Tract 25804-1 Jack in the Box Alicante Cimarron Santoro
Estates
County Fund Number 68-2200

80.5 68-2210
63 68-2211
32 68-2209
36 68-1247
Equivalent Dwelling Units 1 4,119.46
Total Parcels Levied 81 63 32 36 1 3,811
Maintenance & Operations
Public Works Maintenance Labor
Professional & Technical
Water
$ 13,120.00

0.00 $ 14,250.00
507.00

0.00 $ 7,600.00 $ 12,400.00

0.00 $ 3,000.00 $
$
$
$
$
$
297,197.11
163,764.92

0.00 0.00

0.00 0.00

0.00$
$
$
$

0.00 $
$
$
$
$
$
$
$
$
$
$
$

0.00 $
$
$
$
938.04
1,277.32
1,591.94
(795.97)
298.63
741.98
670.43
1,596.01
(798.01)
216.16
608.46
1,051.23
501.76
(250.88)
107.80
879.04
618.68
207.07
(103.54)
324.47

0.00 64,029.31
46,334.07
31,606.64
(15,803.32)
9,411.03
Interior Street Lights 0.00
Arterial Street Lights 401.83
Less: 50% General Fund Contribution (Arterial only)
Electricity
(200.92) $

0.00 $
Less: General Fund Contribution to Park Maintenance Costs (350,381.07) Subtotal Maintenance Costs: $ 16,429.96 $ 17,183.57 $ 9,618.36 $ 14,325.72 $ 3,200.92 $ 246,158.69 Assessment Engineering
City Admin Fees
$ 928.02
1,554.80
125.30
$ 1,395.50
1,262.62
116.84
$ 478.23
759.43
102.27
$ 781.58
824.36
104.15
$ 186.03
256.23

87.70 $ 36,236.93
62,947.00
3,186.85County Fees for Assessment Collection
Subtotal Incidental Costs: $
$
2,608.12 $
$
2,774.97 $
$
1,339.93 $
$
1,710.09 $
$
529.96 $
$
102,370.78
Total Operating Budget FY 2024/2025 19,038.08 19,958.54 10,958.29 16,035.81 3,730.88 348,529.47 Reserve Fund
July 1, 2024 Estimated Beginning Balance ¹
FY 2024/2025 Reserve Fund Collection/(Contribution)
$ 10,237.30
378.52
$ 31,080.21
5,241.46
$ (6,147.29) $ 29,927.78
2,132.27 1,964.19
(4,015.02) $ 31,891.97
$ 13,243.73
(3,230.88)
$ 478,494.44
6,465.67
June 30, 2025 Estimated Ending Balance $ 10,615.82 $ 36,321.67 $ $ 10,012.85 $ 484,960.11 Maximum 25% Reserve of Maintenance costs for FY 2024/2025 ² $ 4,107.49 $ 4,295.89 $ 2,404.59 $ 3,581.43 $ 800.23 $ 61,539.67 Balance To Levy $ 19,416.60 $ 25,200.00 $ 13,090.56 $ 18,000.00 $ 500.00 $ 354,995.14 2023/2024 Maximum Assessment Rate ³
2023/2024 Applied Assessment Rate
$
$
234.45
234.44
$
$
404.38
404.38
$
$
397.64
397.64
$
$
911.53
520.00
$
$
5,000.00
500.00
2024/2025 Maximum Assessment Rate ³
2024/2025 Applied Assessment Rate
$
$
$
241.20
241.20

0.00 $
$
$
416.02
400.00
$
$
409.08
409.08

0.00 $
$
$
937.77
500.00
$
$
5,000.00
500.00
Applied Rate Over/Under Maximum Rate
Consumer Price Index Adjustment
(16.02) $ (437.77) $ (4,500.00)
CPI Adjustment 2.88%

6.76 2.88% 2.88%

11.44 11.44

2.88% 0.00%

0.00Difference between Applied 2023/2024 and Applied 2024/2025 per parcel Difference between Max 2023/2024 and Max 2024/2025 per parcel $
$
$
$
(4.38) $ $
$
(20.00) $

6.75 11.64 $ 26.24 $ 0.00
Total Budget FY 2024/2025 $ 19,416.60 $ 25,200.00 $ 13,090.56 $ 18,000.00 $ 500.00 $ 354,995.14 ¹
²
³
Beginning Reserve Fund Balances are estimated.

In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items).

For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

CPI increases will affect all zones within the District except Zone 54. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 17

APPENDIX A
District Assessment Diagrams
The Assessment Boundary Map (attached) shows the exterior boundaries of the Assessment District and/or the benefit Zones therein. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. 2024/2025 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 18

APPENDIX B
2024/2025 Collection Roll
Parcel identification, for each parcel within the District, shall be the parcel as shown on the Riverside County Assessor's map for the year in which this Report is prepared. The land use classification for each parcel is based on the Riverside County Assessor’s Roll.

A listing of parcels assessed within this District, along with the proposed assessment amounts, shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.

Non-assessable parcels may include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated parcels, and any other property that cannot be developed. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Properties outside the District boundary receive no direct or special benefits from the improvements provided by the District and are not assessed.

Approval of this Report (as submitted or as modified) confirms the method of apportionment and the maximum assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for the fiscal year. The parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for the fiscal year.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
2024/2025 Street Lighting and Landscaping Maintenance District No.1 Page 19 Staff Report
City Council
Item No. 5.A
Meeting Date: June 26, 2024
From: Tracey Hermosillo, City Clerk
Title: Appointments to the Palm Springs International Airport Commission and Finance Advisory Committee
RECOMMENDATION:

To consider appointing one individual to serve on the Palm Springs International Airport Commission and one individual to serve on the Finance Advisory Committee with terms expiring on June 30, 2027, based on the interviews conducted during the Study Session portion of the June 26, 2024, meeting.

BACKGROUND:

The Palm Springs International Airport Commission will have one vacant seat effective June 30, 2024, and Finance Advisory Committee will have one vacant seat effective June 30, 2024.

DISCUSSION:

Applications were received from the following individuals for the Palm Springs International Airport Commission:

Gary Amy
Jimmie Leckliter
Christopher Lewis
Robert Mata
Christian Samlaska
Donald Vickers
Applications were received from the following individuals for the Finance Advisory Committee:

Ruth Fernandez
Danielle Mead
All of the applicants were interviewed on June 26, 2024, during the Study Session portion of the meeting. Based on the interviews conducted, staff recommends that the City Council consider making one appointment to fill one seat on the Palm Springs International Airport Commission that will be expiring on June 30, 2024, and one seat on the Finance Advisory Committee that will expiring on June 30, 2024, both for a three-year term continuing through June 30, 2027.

FISCAL IMPACT:

There is no fiscal impact with this item.

FIVE-YEAR STRATEGIC PLAN:

Does not apply.

ATTACHMENTS:

None
Staff Report
City Council
Item No. 5.B
Meeting Date: June 26, 2024
From: John A. Corella - Director of Public Works
Title: Award Agreement for Design Professional Services to STC Traffic, Inc. for the Highway Safety Improvement Program (HSIP), Cycle 11C, Citywide Traffic Signal Hardware Upgrades Project.

RECOMMENDATION:

To award a Professional Services Agreement to STC Traffic, Inc. in the amount of $84,688.93 to prepare the plans, specifications, right of way and environmental documents for the Highway Safety Improvement Program (HSIP), Cycle 11C, Citywide Traffic Signal Hardware Upgrades Project (CIP C08756); and authorize the City Manager to execute the contract.

BACKGROUND:

The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose to achieve significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. The HSIP is one of programs in the Federal Surface Transportation Act, establish in August 2005.

The California local HSIP program funds local highway safety improvement projects on a two-year Call-for-Projects cycle. The timing and size of the call is determined by the program apportionments, current HSIP Federal Transportation Improvement Program (FTIP) capacity and the delivery of the existing HSIP Projects.

The Division of Local Assistance (DLA) manages California’s local agency share of HSIP funds. California’s Local HSIP prioritizes infrastructure projects with nationally recognized crash reduction factors (CRF). Local HSIP projects are ranked on the basis of crash severity, crash potential, crash rate, or other data-supported means.

On June 25, 2021, the City completed the final Local Roadway Safety Plan (LRSP) which provides a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads. The LRSP is the basis for current and future HSIP grant application requests.

In August 2022, the City Council approved a task order with the City’s On-Call Traffic Engineering Consultant, STC Traffic Inc., to prepare four (4) grant applications for the HSIP Cycle 11 Call-for-Projects. In September 2022, the applications were completed and submitted to the California Department of Transportation (Caltrans).

In March 2023, Cathedral City was awarded HSIP funds in the amount of $1,008,000 to complete the preliminary engineering (PE) phase and the construction phase for the Citywide Traffic Signal Hardware Upgrades Project (HSIP Cycle 11C Project). The proposed improvements include installation of LED safety lighting, internally illuminated street name signs (IISNS), and traffic signal backplates with retroreflective borders at forty-nine (49) signalized intersections throughout the City. A vicinity map of the proposed intersections is included as Attachment 1.

In February 2024, Caltrans assigned a Federal Project Number for the HSIP Cycle 11C Project and approved the Authorization/Agreement Summary (E-76) for funding the PE phase of the project.

The Professional Design Services Agreement will allow the city to proceed with the Preliminary Engineering Phase including environmental studies and final design.

DISCUSSION:

Following the receipt of notification of the grant award from Caltrans, staff requested a Federal Project Number [HSIPL-5430(041)] and the allocation of funds to initiate the design of the project. Staff received Caltrans’ approval of funding to proceed on February 13, 2024.

City Staff solicited a Request for Proposals (RFPs) for the design portion of HSIP Cycle 11C Project. The RFP for these services was advertised in the Desert Sun on April 19, 2024, and posted on the City’s website from April 19, 2024, until May 3, 2024.

Within the RFP, engineering consultants specializing in this type of work were asked to provide their qualifications to perform the work. Additionally, cost proposals were required to be provided in a separate sealed envelope. All proposals were submitted to the City by May 3, 2024.

Four firms responded to the RFP and are listed below:

Advantec Consulting Engineers, Inc. Irvine, CA
Kimley-Horn and Associates, Inc. Palm Desert, CA
STC Traffic, Inc. Carlsbad, CA
Willdan Engineering San Bernardino, CA
Proposals were reviewed, evaluated, and scored by Engineering Department staff using Federal and State evaluation protocols. Based on the evaluations, STC Traffic, Inc. (STC) was determined to be the most qualified consultant. Staff reviewed STC’s cost proposal and determined that the cost proposal is within the amount allocated by the HSIP grant for the services to be provided and the valuation of the Project.

Staff is requesting City Council to award a Professional Services Agreement to STC Traffic, Inc. in the amount of $84,688.93 to prepare the plans, specifications, right of way and environmental documents for the Highway Safety Improvement Program (HSIP), Cycle 11C, Citywide Traffic Signal Hardware Upgrades (CIP C08756); and authorize the City Manager to execute the contract.

FISCAL IMPACT:

The HSIP Cycle 11 is a 90%-10% reimbursement ratio grant (the city’s participation is 10%).

This project is listed in the FY2023-2024 Capital Improvement Program with an overall programmed budget amount of $1,120,000.

STC’s proposal for the preliminary engineering of the Citywide Traffic Signal Hardware Upgrades Project (CIP C08756) is in the amount of $84,688.93.

The Preliminary Engineering (PE) for the HSIP Cycle 11C Project (CIP C08756) will be funded with Capital Improvement Program Funds (Fund 331) in the amount of $76,220.04, and Traffic Safety Fund (Fund 233) in the amount of $8,468.89, as shown below.

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2023-2024 HSIP 11C Grant
Fund (90%)
331-100-150-
156-8600-8601 C08756 $76,220.04 ONE TIME
2023-2024 Traffic Safety
Fund (10%)
233-100-150-
156-8600-8601 C08756 $8,468.89 ONE TIME
2023-2024 Total $84,688.93
FIVE-YEAR STRATEGIC PLAN:

GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

ATTACHMENTS:

1. HSIP 11C - Vicinity Map

2. STC Traffic Inc. - Work Proposal

3. STC Traffic Inc. - Cost Proposal

4. STC Traffic Inc. - Professional Design Services Agreement

5. Proposal Evaluation and Ranking

VICINITY/LOCATION MAP
LEGEND: VICINITY MAPLOCATION MAP
1 2022 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 11

ATTACHMENT
S2: IMPROVE SIGNAL HARDWARE: LENSES, BACK-PLATES W/ RETROREFLECTIVE BORDERS, MOUNTING, SIZE, & NUMBER

CITY OF CATHEDRAL CITY

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
STC TRAFFIC, INC.

FOR
HSIP 11C – CITYWIDE TRAFFIC SIGNAL HARDWARE UPGRADES (CIP 8756)

This Agreement for Design Professional Services (“Agreement”) is entered into as of M ay 22, 20 24 (“Effective Date”) by and between the City of Cathedral City , a municipal corporation (“City”) and STC Traffic , Inc., a Southern 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 and environmental services for the Citywide Traffic Signal Hardware Upgrades, Federal Project Number HSIPL -5430(041), City Project Number 8756 , defined and described particularly in Section 2 of this Agreement.

B. Design Professional, following submission of a proposal for the performance of the s ervices defined and descri bed 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 professiona l qualifications necessary for the satisfactory performance of the services required.

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

E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as par ticularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
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SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for twelve ( 12) months commencing on the Effective Date.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) 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.
(b) S chedule of Performance. The Services shall be c ompleted pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enf orce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addi tion to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and whe n such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the amounts specified in Exhibit “B” “Compensat ion” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eighty-Four Thousand Six Hundred Eighty-Eight dollars and Ninety-three cents ($84,688.93), unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) Each month Design Professional shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub- Design Professional contracts. Sub- Design Professional charges shall be detailed by t he following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated - 3 -

to that task. City shall independently review each invoice submitted by the Design Professional to deter mine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c) . In the event any c harges or expenses are disputed by City, the original invoice shall be returned by City to Design Professional for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Design Professional whi ch are disputed by Ci ty, City will use its best efforts to cause Design Professional to be paid within forty -five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be dee med to waive any defects in work performed by Design Professional.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shal l rejec t or finally accept Design Professional’s work within sixty (60) days after submitted to City.

City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepar ed, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permissi on of the Design Prof essional. 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 discover ed by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work ” of this Agreement shall not ext end to such use of - 4 -

the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and rec ords demonstrating or relating to Design Professional’s performance of the Services.

Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate eval uation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City o r its d esignated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and reco rds shal l be made available at Design Professional’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section m ay be lost or discarde d due t o dissolution or termination of Design Professional’s business, City may, by written request, require that custody of such documents or records be given to the City.

Access to such documents and records shall be granted to Cit y, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority t o bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise ex pressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, of ficials, 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 mann er represent that - 5 -

Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Design Professional , nor any of Design Professional’s off icers, employees or ag ents, s hall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional m anner. Design Profes sional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

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

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither Ci ty, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Design Professional to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.

It is the understanding of City and Design Professional that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any - 6 -

of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Prof essional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Design Professional agr ees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and fil ing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk ’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. - 7 -

(c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non- related s ervices for other gov ernmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shal l not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confident ial, 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.
(b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Professional gives C ity notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional , its o fficers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subp oena from any party r egarding 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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SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional . As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Part ies”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and cost s, (collectively "Cla ims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub- consultants (or any entity or individual that Design Professional shall b ear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City , its contractors and other d esign professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unable to pay its sh are of defense costs due to bankruptcy or dissolution of the business, Design Professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Design Professional’s duty to defend s hall not apply if there is a project -specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal l iability arising out of their professional services on a primary basis.
(b) I
ndemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fai ls to o btain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) Cit y'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 negl igence or willful act s or omi ssions of City or any and all of its officials, employees and agents.

SECTION 17. 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” “Insuranc e” and - 9 -

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

SECTION 18. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of t he persons and entiti es who w ill fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall no tify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreem ent for cause at any t ime upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to Cit y. Design Professiona l shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice - 10 -

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

SECTION 21. DEFAULT.

In the event that 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 Pr ofessional may cure t he 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 s hall, when the defaul t is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the default, the City may t ake 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 Cit y’s legal rights or an y rights arising out of any provision of this Agreement.

SECTION 22. 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. T he term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

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To City: City of Cathedral City
Attn: Engineering Department
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: STC Traffic, Inc.

Attn: Jason Stack
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mai led, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representativ e. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the C ity Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.
- 12 -

Waiver by any Party to this Agreement of any t erm, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

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

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

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

SECTION 34. ELECTRONIC SIGNATURE
The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were - 13 -

executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.

SECTION 35. CONFLICTING TERMS.

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

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

CITY OF CATHEDRAL CITY STC TRAFFIC, INC.

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

APPROVED AS TO FORM

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

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY T HE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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 ____________________, 2024 ,
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 t he instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

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

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

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

Signer is representing:

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

Signer(s) Other Than Named Above

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 ____________________, 2024 ,
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 frau dulent reattachment of this form to an unintended document.

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

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

Signer is representing:

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

Signer(s) Other Than Named Above

A-1
EXHIBIT "A"

SCOPE OF SERVICES

B-1
EXHIBIT "B"

COMPENSATION

C-1
EXHIBIT "C"

INSURANCE

A. Insurance Coverages . Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to pr operty whic h 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 on e million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).

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

X Vehicle Liability Ins urance: Ve hicle 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 ac cident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. C overage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.

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

Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the C ity and it s 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 participati ng under this Agreement, Service Provider is to defend and indemnify the City from such claim.

X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one mil lion dollar s

C-2
$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claim s 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. Dur ing 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 poli cies required by this Agreement shall contain the following provisions:

1. All Coverages.

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

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

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

2. Commercial General Liability and Automobile Liability Coverages.

a. City, and its respective elected and appointed officers, officials, and em ployees and volunteers are to be covered as additional insur eds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provid er.

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

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

C-3
d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

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

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

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

1. Service Provider shall furnish certificates and endors ements from each sub-contractor identical to those Service Provider provides.

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

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

RFQ/P ‐ Professional Construction Engineering Support Services (HSIP Cycle 11C)
Advantec Consulting Kimley‐Horn and Associates, STC Traffic, Inc. Willdan EngineeringScores Rater 1
Rater 2
Rater 3
Engineers, Inc. Inc.
390
415
400
365
405
370
420
420
410
380
390
365
AVERAGE 380.0 401.7 416.7 378.3
RFQ/P ‐ Professional Construction Engineering Support Services Kimley‐Horn and Associates,Advantec Consulting STC Traffic, Inc. Willdan EngineeringRankings Rater 1
Rater 2
Rater 3
Engineers, Inc. Inc.
24 3
3 1
1 1
3 4
4 2
2 AVERAGE 3.3 2.0 1.0 3.7
Staff Report
City Council
Item No. 5.C
Meeting Date: June 26, 2024
From: John A. Corella, Director of Public Works
Title: Contract Award for Homeless Encampment Clean Up Services and Other Support Services
RECOMMENDATION:

Commencing fiscal year 2024-25, to approve a three year As-Needed Service Contract to Signature Cleanup for Homeless Encampment Clean Up Services and Support Services in the not to exceed amounts of $200,000 for Homeless Encampment Cleanup Services, $120,000 for Environmental Support Services and $20,000 for Public Arts Maintenance, respectively, with an option to extend an additional two-years in one-year increments; and, authorize the City Manager to execute the contract.

BACKGROUND:

The Cathedral City Police Department implemented a Homeless Liaison Officer Program in November 2015. The Homeless Liaison Program (Program) was designed to humanely handle issues related to homelessness and develop solutions around servicing our homeless populations, particularly those who struggle with mental health, drug, and alcohol dependency. The program is intended to provide the homeless, residents and businesses with a public safety point-of-contact for education, outreach, and enforcement of municipal and criminal codes. The goal being to improve the quality of life for all residents who call Cathedral City home.

When the city receives a call for service, Police personnel are typically dispatched to clear the homeless encampment of people and identify encampment items that are considered personal belongings. These personal belongings are then placed in the city’s Public Works Yard storage area. These stored items are kept until the Police personnel notify Public Works personnel the personal belongings can either be released or disposed.

Once Public Works is notified by the Officer that the site is clear of people, city staff notifies our As-Needed Homeless Encampment Cleanup Services Contractor (Contractor) to go to the specified encampment site. The city’s Contractor picks up the remaining materials on site and disposes of items according to code. The cleanup typically consists of picking up and disposing the encampment’s remaining trash, shopping carts, biohazardous materials and other waste material in order to leave the area safe and clean.

The city publicly solicits for the As-Needed Homeless Encampment Cleanup Services at regular intervals. In December 2021, the City Council awarded a two-year Agreement for As-Needed Homeless Encampment Cleanup Services. This contracted cleanup portion of the Program has proven to be very efficient and successful. Since the Agreement was executed, a total of 2,124 homeless encampments were cleaned up, averaging around 13 cleanups every week.

In addition to the homeless encampment cleanups, there were various support services required to be provided by the Contractor at the city’s request. These services ranged from supporting city staff at neighborhood cleanup events, support services for city festivals and events (e.g., cleanup and providing rolling stock equipment the city may not have) and maintenance of the city’s public art sculptures. Over the past two and one-half years, the Contractor provided the following as-needed support services:
Dream Homes Community Clean Up Program: Aided with debris removal to 102 properties in the Dream Homes Neighborhood since 2021.
Residential Community Assistance Program (Program identifies single family properties requiring outside assistance cleaning up their properties to comply with the City Municipal Code). In partnership with city code compliance staff, aided 40 properties with debris removal and cleanup.
Environmental Garden Program at Cathedral City elementary/middle schools and 55+ Senior Communities: Provided the labor to repair a total of 10 active garden program plots.
Special Events Assistance: Provided transport and setup services for the City’s Snow Fest event and built beds for the LGBT Days event. Public Art Pieces Maintenance: Pressure and/or hand washed, perform small restorations, remove bird droppings, and polish the city’s public art sculptures on city property and/or right of way.

DISCUSSION:

Request for Proposals (RFP)
The Homeless Encampment Clean Up Services and Support Services RFP was advertised and circulated in the Desert Sun newspaper on May 9th and May 16th, 2024. The RFP was also posted on the City’s website from May 6, 2024, until May 30, 2024.

Within the RFP, firms specializing in this type of work were asked to provide their qualifications to be able to perform the work on an on-call basis. Proposers were advised the selected firm will have to work closely with the city’s Police and Public Works Departments to perform the services required. Additionally, cost proposals that included hourly rates and/or unit costs for various services were required to be provided in a separate, sealed envelope. All proposals were to be submitted to the city by May 30, 2024.

Four (4) firms responded to the RFP and are listed below:

Signature Cleanup Coachella Valley, CA
OFRS, Inc. Signal Hill, CA
BIO TO-GO LLC Thousand Oaks, CA
United Pumping Service, Inc. City of Industry, CA

Proposals were reviewed, evaluated, and scored by a city staff using Federal and State evaluation protocols. Based on the evaluations, Signature Cleanup was determined to be the most qualified, responsive, and knowledgeable firm demonstrating an understanding of the tasks required and Cathedral City. Overall, Signature Cleanup’s proposal provided staff with the assurance that, if selected, the performance of any typical or extraordinary task ordered by the city would be completed at the time prescribed.

Staff then reviewed the cost proposal from Signature Cleanup. The cost proposal was evaluated and the hourly rates and/or unit costs for the various services increased from the 2021 Agreement. The increase from the previous Agreement is as follows:

An 11% overall increase of hourly rates, vehicle fee/equipment fee/fuel, and mobilization.

These increases were evaluated by staff and are in line with the expectations for these types of services. as averaged on an annual basis. Averaged on an annual basis, the increases seen in the industry these past two and one-half years are within the amount allocated for these contracted services.

Commencing fiscal year 2024-25, staff is requesting the City Council approve a three year As-Needed Service Contract to Signature Cleanup for Homeless Encampment Clean Up Services and Support Services in the not to exceed amounts of $200,000 for Homeless Encampment Cleanup Services, $120,000 for Environmental Support Services, and $20,000 for Public Arts Maintenance, respectively, with an option to extend an additional two-years in one-year increments; and, authorize the City Manager to execute the contract.

FISCAL IMPACT:

Funding for these services is budgeted from the following funds:

Homeless Activities Encampment Cleanup Services:
oPublic Works General Fund 100
▪Maintenance & Operations: 100-400-410-411-8300-8301
▪Homeless Activities: M08911-OPS-OPS-M&O
FY 2024-25 budget: $200,000
Environmental Support Services:
oSolid Waste Fund 246
▪Maintenance & Operations: 246-900-910-911-8300-8301
FY 2024-25 budget: $120,000
Public Arts Maintenance Fund
▪Maintenance Costs: 100-500-510-513-8300-8301
FY 2024-25 budget: $20,000
FIVE-YEAR STRATEGIC PLAN:

Goal B – Community Investment
Objective: Cathedral City roads, gateways, public spaces, and other infrastructure are well planned, designed, constructed and maintained.

Goal F: Embracing, Inclusive City
Develop a public awareness campaign to inform the community of the city’s efforts and expenditures on homelessness and how residents can participate in solutions.

ATTACHMENTS:

1. Signature Cleanup – Services Agreement

2. Signature Cleanup – Work Proposal

3. Signature Cleanup – Cost Proposal

4. Homeless Encampment Proposal Ratings & Rankings

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

SIGNATURE CLEANUP
This Agreement for Services (“Agreement”) is entered into as of June 26, 2024 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Signature Cleanup (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

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

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

C. The P
arties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
N
OW, 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:

S
ECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the date first ascribed above with an option to extend the Agreement for an additional two (2) years. The option for extension will be provided in one (1) year increments.

S
ECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE
The contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule; the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

S
ECTION 3. ADDITIONAL SERVICES
C
ontractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.

A. Subject to any limitations set forth in this Agreement, City agrees to pay the Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the amounts of two hundred thousand dollars ($200,000) for Homeless Encampment Cleanup Services, one hundred and twenty thousand dollars ($120,000) for Environmental Support Services, and twenty thousand dollars ($20,000) for Publ ic Arts Maintenance respectively unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.

B. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed in the following categories: labor, travel, materials, equipment, and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. The City shall independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred, follow the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by the City, the original invoice shall be returned by the City to the Contractor for correction and resubmission.

C. Except as to any charges for work performed or expenses incurred by the Contractor which are disputed by the City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice.

D. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE

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

The city’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”

SECTION 6. OWNERSHIP OF DOCUMENTS

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

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

C. All final work product developed by Contractor while providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by the Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS

A. Contractor shall maintain all documents and records demonstrating or relating to Contractor’s performance of the Services. The contractor shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. All such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. All such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contract or's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

B. All records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by the City or its designated representative. Copies of such doc uments or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address i ndicated for receipt of notices in this Agreement.

C. Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the city. Access to such documents and records shall be granted to the City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR

A. The contractor is and shall always remain a wholly independent contractor and not an officer, employee, or agent of the City. The contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise.

B. The personnel performing the Services under this Agreement on behalf of Contractor shall always be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of the City, shall have control over the conduct of Contractor or any of Contractor’s personnel. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City.

C. Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor, its officers, employees, agents , or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contrac tor, its officers, employees, agents, or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE

A. Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. The contractor shall always faithfully, competently and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services like the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

B. Contractor warrants that:

1. It has thoroughly investigated and considered the work to be performed.

2. It has investigated the issues regarding the scope of services to be provided.

3. It has carefully considered how the work should be performed.

4. It fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES

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

SECTION 11. PREVAILING WAGE LAWS

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

SECTION 12. NONDISCRIMINATION

Contractor shall not discriminate, in any way, against any person based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS

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

SECTION 14. CONFLICTS OF INTEREST

A. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City, or which would in any way hinder Contractor’s perf ormance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Contractor agrees to always avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

C. City understands and acknowledges that Contractor will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for the purposes of this section.

D. City may determine that Contractor 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, Contractor shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION

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

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

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

D. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. The contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by the Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION

A. Indemnification for Professional Liability: Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.

B. Indemnification for Other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.

C. Indemnification from Subcontractors: Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. The failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

This obligation to indemnify and defend the City as set forth herein is binding on the successors, assigns or heirs of the Contractor and shall survive the termination of this Agreement or this section.

D. City’s Negligence: The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or all of its officials, employees and agents.

SECTION 17. INSURANCE

The contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so, approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL

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

SECTION 20. TERMINATION OF AGREEMENT

A. City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress.

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

C. If either Contractor or City fail to fulfil any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice.

D. Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses inc urred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT

If the Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the city may give notice to the Contractor of the default and the reasons for the default. The notice shall include the timeframe in which the Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period that the Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all the outstanding invoices during the period of default. If Contractor does not cure the default, the city may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS

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

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

SECTION 23. COOPERATION BY CITY

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

SECTION 24. NOTICES

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

To City: City of Cathedral City
Attn: Charles P. McClendon – City Manager
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: Signature Cleanup
Attn: Brett Fiore
31855 Date Palm Dr., Ste 3-251
Cathedral City, CA 92234

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.

Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.

SECTION 27. BINDING EFFECT

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

SECTION 28. AMENDMENT

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

SECTION 29. WAIVER

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE

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

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES

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

SECTION 32. ENTIRE AGREEMENT

NOTE

SERVICE PROVIDER’S SIGNATURES

SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR

REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.

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

SECTION 33. SEVERABILITY

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

SECTION 34. ELECTRONIC SIGNATURE

The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.

SECTION 35. CONFLICTING TERMS

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

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

CITY OF CATHEDRAL CITY SIGNATURE CLEANUP

___________________________ ____________________________ Charlie P. McClendon Brett Fiore City Manager Owner

ATTEST:

___________________________
Tracey R. Hermosillo
City Clerk

APPROVED AS TO FORM
__________________________
Eric Vail
City Attorney
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 ACKNOWLEDGEMENT NOTARY FOR CALIFORNIA
Signer(s) Other Than Named Above

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ________________ ____, 2024, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

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

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

¨ Individual
¨ Corporate Officer

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

Signer is representing:

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

Exhibit A
Scope of Services
I. SIGNATURE CLEANUP will perform the following Services:

Provide qualified and experienced labor and equipment for Illegal Dumping and Homeless Encampment Clean Up & Support Services which will include: removing large items, biohazardous material and other illegally dumped and encampment waste material from sites, determined by the City, with the objective of leaving the site clean and safe. Support Services to be provided as requested and indicated by the City.

Services will include:

1. Coordinating with the City on a site-by-site basis to determine the work order for each encampment or illegal dumping cleanup.

2. Post and document City provided "notice to vacate" signs at the work site.

3. Supply all labor, materials, tools, protective clothing/gear and equipment that is needed to perform the work

4. Provide bags and tags to identify "personal property."

5. Provide supervision of crews to ensure all necessary safety procedures are followed.

6. Collecting debris, dismantling temporary structures, handling, removing, transporting, and disposing of all solid and human waste in accordance with all applicable laws, leaving a clean site.

7. Dispose of waste & debris at a site permitted to accept such materials.

8. Follow best practices to safely manage any hazardous materials found on the job.

9. Trim shrubs and vegetation, as required by the City.

10. Photograph the illegal dumping or encampment site before and after cleaning and provide an electronic copy to the City.

11. Notify the City in the event an adjacent homeless encampment is discovered.

12. Contact the Cathedral City Police Department if a weapon is found.

13. Perform work in a timely, efficient & courteous manner.

City of Cathedral City
Proposal for Illegal Dumping and Homeless Encampment Cleanup Services II. As part ofthe Senrices, SIGNATT RE CLEANUP will prepare and deliver the following tangible work products to the City:
. Appropriate equipment, tools, and vehicles to perform cleanup . OSHA approved protective gear for all laborers
. Primary Contact: Daniel Vergara, SIGNATURE CLEANUP Supervisor III. SIGNATURE CLEANUP will provide cleanup status updates to the City via direct contact and delivery of reports upon completion
o The Primary Contact, Daniel vergara, will communicate directly with the Police and Public Works Departments
. Contact information including email and cell phone numberwillbe provided to the City.
. Status reports will be submitted to the city along with photos at the conclusion of each work day.

Iv. The performance of services and subsequent reports will follow the schedule below:
. Signature Cleanup can mobilize a cleanup crew and equipment to aproject site within 48 hours of notification from the city.
. The primary contact will submit Project Status Reports via email at the conclusion of each work day.

V. SIGNATT RE CLEANUP will u-:lize the following personnel to accomplish the Senrices:
. Primary Contact: Daniel Vergara
o Secondary Contact: Brett Fiore
. Exp€rienced laborers: on average 3-4percleanup site
The number of loborers will depend on the slze and difliculty oJ the cleanup Woject.

VI. SIGNATURE CLEANUP will not be utilizing subcontractors. . Signature Cleanup will not use subcontractors to complete the services outlined in this proposal. Every member of our team is qualified and trained to handle all aspects related to the removal and disposal of illegal dumping and homeless encampments.

City of Cathedral City
Proposal for Illegal Dumpingand Homeless Encampment Cleanup Sewices Exhibit B
Compensation
SIGNATURE CLEANUP shall use the following rates of pay in the performance of the Services:
1) Mobilization: Pre-Cleanup and Post Cleanup Duties:
• Coordinate and Report Updates to the City
• Post Signs
• Transport personal items to storage
• Submit Status Reports along with before/after photos to the City $300 per day
2) Personnel and Equipment Rates: Illegal Dumping and Homeless Encampment Cleanup Duties:
• Dismantle structures
• Load trash and debris into dump trailer
• Landscape maintenance
• Collect and dispose of small quantities of household hazardous waste ( no additional charge for disposal)
• Prep for transport biohazardous waste exceeding 40 gallons • Maintain backup documentation: photos, disposal receipts • Small tools, equipment, materials included
3) Vehicle and Equipment Fees:

Personnel rates: $60.00 per hour laborer
$75.00 per hour Supervisor/laborer
Signature Cleanup owns and operates the following equipment and vehicles:
• Chevy Silverado - 3500HD / 1 ton 4-wheel drive Pickup • Chevy Silverado - 2500 HD / ¼ ton 4-wheel drive Pickup • Chevy Express 2500 HD Cargo VAN
• BIG -TEX 12' Heavy Duty dump trailer - dual axle
• Smaller 8' utility trailer - single axle
• AZTEC - 12' single axle - ramp gate
The Aztec trailer is specifically to navigate through the desert and soft-sand terrain Vehicle Equipment Fee: $150 per unit / includes fuel
City of Cathedral City
Proposal for Illegal Dumping and Homelessness Encampment Cleanup Services 4,) Disposal rates & fees:

Signature Cleanup will take direction from the city on which facility to utitize for the proper disposal of debris, recycling, organics & hazardous waste.

If Signature is directed to use any of the permitted facilities below:
o Edom Hill Transfer Station for the disposal of debris . Rio Det Sol in Thousand Palms for the disposal of recycling and/or organics . Hazardous waste Disposal: Burrtec Facility or HHW facilities in Riverside signature Cleanup will charge (.67 cents ) per mile for transportation. The disposal facility and mileage will be included as a separate line item on the invoice to the city. . The tonnage fee paid at any of the permitted disposal facilities will be billed to the city at cost (no markup)
. The weight tickets received from the disposal facilities will be submitted with the invoice. Transportation and Disposal fees wilt be clearly identified on each invoice to the city.

As a result of our extensive experience managing homeless encampment cleanup proiects, Signature Cleanup is able to work efficientty and safely to clear as many sites annually as possible and stay within the altocated budget determined by the city.
> NSIE: on average -
Signature Cleanup clears 9 r5 homeless encampments each week (some large, some small, some very difficult to access - up the mountain, in the wash, under low portion of bridge, etc. ) with 5 laborers + l supervisor with an average charge of S35?8. Current proposaI includes an increase in hourly rate, vehicle fee & mobilization which would increase cost per day to an average of $39oo.oo CityofCathedral City
Proposal for Illegal Dumpingand Homelessness Encampment Cleanup Services Exhibit C
Insurance
A. Insurance Coverages: Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees.

Service Provider shall procure and maintain the following scope and limits of insurance:

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
__X___ Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage. Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.

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

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

1. All Coverages:

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

B. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII.

2. Commercial General Liability and Automobile Liability Coverages:

A. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied, or used by Service Provider; or automobiles owned, leased, hired, or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to the City, and their respective elected and appointed officers, officials, or employees.

B. Service Provider’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, and its respective elected and appointed officers, officials, employees, or volunteers, shall apply more than, and not contribute with, Service Provider’s insurance.

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

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

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

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

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

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

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

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

Signature Cleanup
Proposed to:

Luis Perez
Environmental & Public Works Analyst
City of Cathedral City
687oo Avenida Lalo Guerrero
Cathedral Clty I CA 92234
Cathedral City
Proposal for Illegal Dumping
& Homeless Encampment
Clean Up & Support Services
Annual As-Needed Contract
May 25,2o2t+

SIGNATURE CLEANUP
O60) 275-2779
Signaturecleanup@ gmail.com
Mr. Luis Perez
Environmental & Public works Analyst
City of Cathedral city
68-7oo Avenida Lalo cuerrero
Cathedral City, CA 92234
RE: Proposal for Illegal Dumping and Homeless Encampment Clean Up Services Mr. Perez,
Signature Cleanup appreciates the opportunity to participate in the proposal process for providing ongoing illegal dumping and homeless encampment site cleanup. This process includes removing and disposing of large items, biohazardous materials and other illegally dumped and encampment waste material located in Cathedral city.

Signature Cleanup is a division of Same Day Express
. We operate under a single-member LLC
. [stablished in the State of Ca]ifomia since 2oo2
. Federal tax ID # is: 46-3165061
. Cathedral City Business license is: #o1o1y
signature Cleanup is a trusted Coachella Valley company well-informed of Cathedral City's goal to humanely handle issues related to homelessness. We have demonstrated our understanding of the impodance ofdeveloping a community service program that efficiently removes homeless encampments from local neighborhoods and around commercial businesses.

We recognize the value of contracting with a local company who has experience in this sensitive and crucial type of program. we have been providing these services for Cathedral City on a weekly/routine basis for several years and our team is well-versed in the process & can respond in 48 hours. Our hands-on experience ensures that the waste generated by illegal dumping and homelessness will be removed safely and responsibly. We do no subcontract any portion of our work
Please feel free to contact me ifyou have any questions during the proposal review. We look forward to continuing sewing the needs of the city of Cathedral City and would like to thankyou in advance for your consideration.

Respectfully,
--'greff-iore
O60\275-2779
r/Operator
Backeround and Oualifications
The Signature Team
Signature Cleanup assigns one primary contact to work directly with the Police and Public Works Departments. The primary contact will be responsible for coordinating the homeless encampment and illegal dumping cleanup proiects. we also assigrr a secondary contact to provide backup support in the event your primary contact isn't available. (i.e. vacations, sick days, jury duty, etc.) Signature Cleanup has a total of 8 highly skilled laborers that work seamlessly together and have training and experience cleaning homeless encampments and removing illegal dumping. The number of laborers working on each proiect is dependent upon the size & difficulty of the project. All Signature cleanup employees are provided OSHA required protective gear to perform duties.

PrimaryContact
DANIEL ..DANNV'' VERGAIIA
Danny has been with Signature Cleanup since 2oo9 and is the Project Supervisor. Danny has successfrlly supervis ed the Cothedrol City Homeless Encampment cleonup Program lrom inception and has developed an outstanding working relationship with the Cathedral City Police and Public Works Department.

Danny is lolowledgeable and trained to set up traffic control for proiects, operate heavy equipment, proficient in rigging and hauling, oSHA Bloodborne Pathogen Certified, and completed CalRecycle training on the proper disposal of waste.

Danny is OSHA Bloodborne Pathogen Certified and licensed to operate heavy equipment.

Secondary Contact

BRETT FIORE
Brett Fiore has operated a successful Coachella valley business since 2002. His company has been contracted to manage numerous maintenance projects for private firms and local govemment since his first year in business. This includes providing professional services for the City of Indio, Riverside County, City of Palm Springs, City of Palm Desert, City of La quinta & City of Cathedral City. Brett has expanded his companies' offering of professional services to meet the growing needs of local businesses and municipalities. Performing a broad scope of services such as transporting and installing Public Art, assisting with Special Events to clearing homeless camps has allowed Brett to develop a professional working relationship with local Police, Code Enforcement and Public Works.

Brett has an intimate understanding of the finesse required to satisfy each departments) individual needs to achieve their desired result.

Brett is OSHA Bloodbome Pathogen Certified and licensed to operate heavy equipment.

City of Cathedral City
Proposal for Illegal Dumping and Homelessness Encampment Cleanup Sewices This cettifrcate is issued W bl(ndbornecettifrcation.com upon s ccesstul complelon ol an OSHA compliant online training progtam meetng mahdatory minimum taining hours if applicable.

Well done on successfully completing the online Bloodborne Pathogens Training Program A Note on Workplace Specific Training
The training course has provided you with the knowledge and skills to protect yourself and others when working with or around Bloodborne Pathogens and Other Potentially lnfectious Materials.

There may be additional information and training that you require in orderto fully protect yourselffrom specific hazards that exist within your workplace.

Your employer is required to evaluate and determine if additional workplace specific training is required and also to ensure that you receive that training prior to being exposed to any hazards that could potentially result in you becoming ill or injured.

Additional lnformation
Your wallet card displays additional information on the reverse side about how your employer, or anyone else, can verifo your credentials using our online'verifier'system.

Expiration Date
As per the OSHA 29 CFR 1910.1030 Bloodborne Pathogens Standard, the certi6cation expires after one year.

Thi5 certiFes that: Brett Fiore
scan the QR code to verify certitication
B lood bo rn e
Certification
Bloodborne Pathogens Certificate
BloodborneCerti6<ation.com
lssuedOn:02-2t.2024
Expi,y Oate:365 Days after letue Date
ce^6(are lD: 18879-120-891-5101
Coorre: BBP: G€ner!l Workplrc€
Bloodborne
Certification
o
Print the certificate on heavy cardstock or paper in color.

Carefully cut along the trim lines ofthe wallet card and fold in the center Sign the card and fill in your employers name and address c
E Pathogens Training Certifi cate
@
This cenificate is issued by bloodbomeceftificatbn.com upon successtul completion ot an OSHA compliant online training ptugram meeting mandatory fiinimum training houts if applicable.

Well done on successfully completing the online Bloodborne Pathogens Training Program A Note on Workplace SpecificTraining
The training course has provided you with the knowledge and skills to protect yourself and others when working with or around Bloodborne Pathogens and Other Potentially lnfectious Materials.

There may be additional information and training that you require in order to fully protect yourself from specific hazards that exist within your workplace.

Your employer is required to evaluate and determine if additional workplace specific training is required and also to ensure that you receive that training prior to being exposed to any hazards that could potentially result in you becoming ill or injured.

Additional I nformation
Your wallet card displays additional information on the reverse side about how your employer, or anyone else, can verify your credentials using our online'verifier'system.

Expiration Date
As per the OSHA 29 CFR 1910.1030 Bloodborne Pathogens Standard, the certification expires after one year.

Thi5 Certifies that: Daniel Vergara
Scan the QR code to Verify Certification
Blood borne
Certification
Bloodborne Pathogens Certif icate
EloodborneCertifi cation.com
rssued On: 02.29.202a
Expty Date:365 Oayr afie.lisue Date
Ced,frcarelDr 1 8900-170-922-9630
Cou6e:BBP: Gen.r.l Wortplac.

Bloodborne
Certification
Bloodborne Pathogens Training Certifi cate Ih. horderolthB (crr,fr.tehas 5ucc.rslolry .onpleted .n onliner..ining <ou,re provid€d lry bloodborne(trli6a.!ion.(oh
o
Print the certificate on heavy cardstock or paper in color.

Carefully cut along the trim lines ofthe wallet card and fold in the center Sign the card and fill in your employers name and address @
Signature Cleanup has performed the following services for Cathedral City:
. Community Assistance Cleanup Program:
o Signature prides itself on partnering with the city on the community Assistance Programs tlat directly impact the cornmunity. we are able to communicate with the residents in both English & spanish.
. Residential Cleanup Assistance Programs:
o The cleanup program is a partnership between the City and the resident to work together to remove debris accumulated on private property. The city provides the roll-off (disposal) at no charge and the resident provides the labor. o Signature Cleanup takes direction from the city providing onsite communication and assistance by:
. making contact with the resident
. setting up an appoinBnent
. meeting with the resident at the home to identify the debris that needs to be disposed of
. explaining the entire program/process
. processing the roll-off agreement with the resident and contacting the city to schedule the delivery of the roll-off
. during the cleanup process, Signature Cleanup continues to communicate with the resident and further facilitates any removal & disposal of items like tires, hazardous waste, appliances, electronics, etc. that cannot be placed in the roll-off
. Community Tire Removal and Disposal Program
. Shopping Cart Retrieval service
. community Garden Installation and Maintenance
. Vacant Lot Abatement Program
. Special Events Assistance
. Transportation Delivery Services
. Homeless encampment cleanup - since inception
. Illegal dumping - Signature Cleanup will pick up and dispose of all illegal dumping per the direction of the City
. Residential dump removal services
. Graffiti removal services
. SnowFest setup and breakdown
. 2023 Emergency Response - Tropical Storm Hilary
City ofCathedral City
Proposal for Illegal Dumping and Homelessness Encampment Cleanup services Vehicle r:

Chevy Silverado - l5ooHD (1 ton 4-wheel drive pickup)
Vehicle z:
chevy silverado - 25oo HD (3/4 ton 4-wheel drive)
Vehicle 3:

Chevy Express 25oo HD Cargo VAN
TRAILERS:

1. BIG -TEx 12' Heavy Duty dump trailer - dual axle
z. AZTEC - t2' single axle - ramp gate (this trailer is specifically to navigate through the desert and soft-sand terrain)

3. Smaller 8' utility trailer - single axle
City of Cathedral City
Proposal for Illegal Dumpingand Homelessness Encampment Cleanup services Standard cteanup day consists of 4-5 futt traiter loads as shown below some areas are remote - so we have to park and watk up to the site to cteanup & then carry everything down (see pix betow) I
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References:
o City of Palm Springs
Iayvirata, Director, Housing & Community Development
060) 323-8228
email: [email protected]
s City ofla Quinta
Michael Calderon, Management Analyst
O60) 777-7olt,
email: [email protected]
.$ County of Riverside
Noe Espinoza, Purchasing and Fleet Services Department
@5r) 955-4937
email: NEspinoza@ rivco.org
City of Cathedrai City
Proposal for Illegal Dumping and Homelessness Encampment Cleanup Seruices I.

ExhibitA
Scope of Services
SIGNATT RE CLEANT P will perform the following Services:

Provide qualified and experienced labor and equipment for Illegal Dumping and Homeless Encampment clean Up & Support Services which will include: removing large items, biohazardous material and other illegally dumped and encampment waste material from sites, determined by the City, with the objective of leaving the site clean and safe. Support Services to be provided as requested and indicated by the City.

Services will include:

L Coordinating with the city on a site-by-site basis to determine the work order for each encampment or illegal dumping cleanup.

2. Post arrrd document City provided '{notice to vacate" signs at the work site.

3. Supply all labor, materials, tools, protective clothing/gear and equipment that is needed to perform the work

4. Provide bags and tags to identifu '(personal property."

5. Provide supervision of crews to ensure all necessary safety procedures are followed.

6. Collecting debris, dismantling temporary structures, handling, removing, transporting, and disposing of all solid and human waste in accordance with all applicable laws, leaving a clean site.

7. Dispose ofwaste & debris at a site permitted to accept such materials.

8. Eollow best practices to safely manage any hazardous materials found on the job.

9. Trim shrubs and vegetation, as required by the City.

10. Photo$aph the illegal dumping or encampment site before and after cleaning and provide an electronic copy to the City.

11. Notify the City in the event an adjacent homeless encampment is discovered.

D. Contact the Cathedral City Police Department if a weapon is found.

13. Perfonn work in a timely, efficient & courteous manner.

City ofCathedral City
Proposal for lllegal Dumpingand Homeless Encampment Cleanup Services II. As part ofthe Senrices, SIGNATT RE CLEANUP will prepare and deliver the following tangible work products to the City:
. Appropriate equipment, tools, and vehicles to perform cleanup . OSHA approved protective gear for all laborers
. Primary Contact: Daniel Vergara, SIGNATURE CLEANUP Supervisor III. SIGNATURE CLEANUP will provide cleanup status updates to the City via direct contact and delivery of reports upon completion
o The Primary Contact, Daniel vergara, will communicate directly with the Police and Public Works Departments
. Contact information including email and cell phone numberwillbe provided to the City.
. Status reports will be submitted to the city along with photos at the conclusion of each work day.

Iv. The performance of services and subsequent reports will follow the schedule below:
. Signature Cleanup can mobilize a cleanup crew and equipment to aproject site within 48 hours of notification from the city.
. The primary contact will submit Project Status Reports via email at the conclusion of each work day.

V. SIGNATT RE CLEANUP will u-:lize the following personnel to accomplish the Senrices:
. Primary Contact: Daniel Vergara
o Secondary Contact: Brett Fiore
. Exp€rienced laborers: on average 3-4percleanup site
The number of loborers will depend on the slze and difliculty oJ the cleanup Woject.

VI. SIGNATURE CLEANUP will not be utilizing subcontractors. . Signature Cleanup will not use subcontractors to complete the services outlined in this proposal. Every member of our team is qualified and trained to handle all aspects related to the removal and disposal of illegal dumping and homeless encampments.

City of Cathedral City
Proposal for Illegal Dumpingand Homeless Encampment Cleanup Sewices Exhibit B
Compensation
cost proposal submitted under separate cover.

City of Cathedral City
Proposal for Iuegal Dumping and Homelessness Encampment Cleanup Services Exttibit C
Insurance
A. SIGNATURE CLEANLTP shall continue to provide and maintain insurance requirements as outlined in RFP.

City of Cathedral City
Proposal for Iuegal Dumpingand Homelessness Encampment Cleanup Services Exhibit B
Compensation
SIGNATURE CLEANUP shall use the following rates of pay in the performance of the Services:
1) Mobilization: Pre-Cleanup and Post Cleanup Duties:
. Coordinate and Report Updates to the City
. Post Signs
. Transport personal items to storage
. Submit Status Reports along with before/after photos to the City S3oo per day
2) Personnel and Equipment Rates: Illegal Dumping and Homeless Encampment Cleanup Duties:
. Dismantle structures
. Load trash and debris into dump trailer
. Landscapemaintenance
o Collect and dispose of small quantities of household hazardous waste (no additional charge Ior disposal)
. Prep for transport biohazardous waste exceeding 40 gallons . Maintain backup documentation: photos, disposal receipts o Small tools, equipment, materials included
Personnel rates: S6o.oo per hour laborer
S75.oo per hour Supervisor/laborer
3) vehicle and Equipment Fees:

Signature Cleanup owns and operates the following equipment and vehicles:
o Chevy Silverado - 35ooHD / 1 ton 4-wheel drive Pickup . Chevy Silverado - 25oo HD / 3/4 to! 4 -wheel drive Pickup . Chevy Express 25oo HD Cargo VAN
o BIG -TEX 12' Hea!'!, Duty dump trailer - dual axle
o Smaller 8' utility trailer - single axle
o AZ'IEC - 72' single axle - ramp gate
The Aztec trailer is specilicolly to navigate through the desert and soft-sand terrain Vehicle Equipment Fee: St5o per unit / includes fuel
City of Cathedral City
Proposal for Illegal Dumping and Homelessness Encampment Cieanup Services 4,) Disposal rates & fees:

Signature Cleanup will take direction from the city on which facility to utitize for the proper disposal of debris, recycling, organics & hazardous waste.

If Signature is directed to use any of the permitted facilities below:
o Edom Hill Transfer Station for the disposal of debris . Rio Det Sol in Thousand Palms for the disposal of recycling and/or organics . Hazardous waste Disposal: Burrtec Facility or HHW facilities in Riverside signature Cleanup will charge (.67 cents ) per mile for transportation. The disposal facility and mileage will be included as a separate line item on the invoice to the city. . The tonnage fee paid at any of the permitted disposal facilities will be billed to the city at cost (no markup)
. The weight tickets received from the disposal facilities will be submitted with the invoice. Transportation and Disposal fees wilt be clearly identified on each invoice to the city.

As a result of our extensive experience managing homeless encampment cleanup proiects, Signature Cleanup is able to work efficientty and safely to clear as many sites annually as possible and stay within the altocated budget determined by the city.
> NSIE: on average -
Signature Cleanup clears 9 r5 homeless encampments each week (some large, some small, some very difficult to access - up the mountain, in the wash, under low portion of bridge, etc. ) with 5 laborers + l supervisor with an average charge of S35?8. Current proposaI includes an increase in hourly rate, vehicle fee & mobilization which would increase cost per day to an average of $39oo.oo CityofCathedral City
Proposal for Illegal Dumpingand Homelessness Encampment Cleanup Services

65.25AVERAGE SCORE 90 83
68 90
94 67
86 70 64
41 Reviewer 1

69.5 Reviewer 2
Reviewer 3
Reviewer 4
92 85
93 78
97 67
89 50

HOMELESS ENCAMPMENT CLEANUP & SUPPORT SERVICES

RFP RATING SCORES
Signature Cleanup
Catheral City, CA
OFRS, Inc.

Signal Hill, CA
United Pumping Service, Inc.

City of Industry, CA

BIO TO-GO LLC
Thousand Oaks, CA

RFP RANKING SCORES
Signature Cleanup OFRS, Inc. BIO TO-GO LLC United Pumping Service, Inc.

Reviewer 1 1 2 3 4
Reviewer 2 2 1 3 4
Reviewer 3 1 3 2 3
Reviewer 4 1 4 2 3
AVERAGE SCORE 1.25 2.5 2.5 3.5
Staff Report
City Council
Item No. 5.D
Meeting Date: June 26, 2024
From: John A. Corella, Director of Public Works
Title: Award Construction Contract for the Soil
Removal from the Ofelia Bringas Memorial
Bridge Grade Control Structure and the
Date Palm Drive Bridge Channel Lining to
Contera Construction Corporation
RECOMMENDATION:

To award a construction contract to Contera Construction Corporation, in the amount of $2,690,521.00 for the removal of soil from the Ofelia Bringas Memorial Bridge Grade Control Structure (City Project M00023) and Date Palm Drive Channel Lining (City Project M00025) affected by the Tropical Storm Hillary event, and approve a fifteen percent (15%) contingency in the amount of $403,578.15 for any unforeseeable costs; thereby, bringing the total soil removal budget for this project to $3,094,099.15; and, authorize a budget amendment in the amount of $3,094,099.15 from the General Fund to complete the project; 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 issue the Notice to Proceed.

BACKGROUND:

On August 20, 2023, Tropical Storm Hilary struck Southern California, the Coachella Valley, and, more specifically, Cathedral City. The storm event flooded roads and neighborhoods and brought mud flows in various areas of Cathedral City. Runoff flood waters left many areas of the city, including the Whitewater River Channel, flooded and covered in several feet of mud (soil) and debris.

The Whitewater River Channel is the main floodwater river channel serving the Coachella Valley. Its primary natural function is to effectively collect stormwater flows along the valley floor. The channel traverses through the city at various bridged roadway crossing points along Dinah Shore Drive, Cathedral Canyon Drive, and Date Palm Drive. In conjunction with these bridges, the city constructed essential channel improvements (i.e. channel drop structures, channel lining, drains, etc.) to protect the bridge structures in the event of a storm.

During the Tropical Storm Hilary Event, the Whitewater River Channel collected the slow- moving runoff flood water which carried large amounts of soil and debris. These large amounts of sediment and debris raised the streambed elevation of the Whitewater River Channel several feet (7 to 10 feet in many areas), including the channel drop structures under the Ofelia Bringas Memorial and Date Palm bridges.

Further, for bridges that cross over waterways, maintenance of the underlying streambed is critically important to prevent bridge failure. Therefore, to protect structural integrity of a bridge, the channel structures (drop structures) and the channel streambed must be restored to their original design and elevations.

City staff has determined that restoring the Whitewater River Channel streambed under the Ofelia Bringas Memorial Bridge and Date Palm Bridge, by removing the excess soil and debris that accumulated on the channel structures, is required to protect the bridge structures. In order to restore the channel, a project will be required for a contractor to conduct the appropriate dust control measures, remove and dispose of the soil material in a legal manner, and restore the channel elevations under the bridges to their original design condition. Thus, staff prepared bid documents and specifications for the removal of soil and debris under each respective bridge structure.

DISCUSSION:

On Wednesday May 01, 2024, the city advertised an invitation to bid, requesting qualified contractors to perform the soil removal and all incidental work as described in the bid documents, Bid No. B24-67E, for this project. This solicitation was made available to contractors for twenty-one (21) calendar days and advertised in the following locations:
• Desert Sun – Published on May 01, 2024, and May 08, 2024 • PlanIt Print Works – From May 01, 2024, until May 22, 2024 • City’s Website – From May 01, 2024, until May 22, 2024 On May 22, 2024, the City received nine (9) bid proposals for this Project. The following table ranks each qualified bidder by total price:

Rank Contractor Amount
1 Contera Construction Corporation (Temecula, California) $2,690,521.00 2 Ames Construction Corporation (Corona, California) $3,216,000.00 3 Empire Construction Service (Riverside, California) $3,361,822.24 4 Riverside Construction (Riverside, California) $3,687,500.00 5 Bosco Constructors (Chatsworth, California) $3,816,695.00 6 Vertex Civil (Anaheim, California) $4,100,000.00
7 Tri-Star Contracting II (Desert Hot Springs, California) $4,415,547.00 8 IE General Engineering (Wildomar, California) $4,435,000.00 9 Remedial Transportation Services (Shafter, California) $4,997,325.00 The Bid Tabulation prepared by the Engineering Division is attached to this report for reference.

For the bids received, Contera Construction Corporation of Temecula, CA, is the lowest responsive and responsible bidder.

Engineering Staff is recommending the City Council award a construction contract to Contera Construction Corporation, in the amount of $2,690,521.00 for the removal of soil from the Ofelia Bringas Memorial Bridge Grade Control Structure (City Project M00023) and Date Palm Drive Channel Lining (City Project M00025) affected by the Tropical Storm Hillary event and approve a fifteen percent (15%) contingency in the amount of $403,578.15 for any unforeseeable costs; thereby, bringing the total soil removal budget for this project to $3,094,099.15; and, authorize a budget amendment in the amount of $3,094,099.15 from the General Fund to complete the project; 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 issue the Notice to Proceed.

ENVIRONMENTAL ANALYSIS:

The project is categorically excluded under the National Environmental Policy Act (NEPA) process for federally funded projects per 23 CFR 771.117(c)(9), and categorically exempt under the California Environmental Quality Act (CEQA), Section Guidelines §§ 15269, 15300.2(d), and 15301(d).

FISCAL IMPACT:

The Bid Opening for this project was held on May 22, 2024, with the lowest responsive and responsible bid received in the amount of $2,690,521.00 from Contera Construction Corporation.

The budget required for the construction of this project will include the bid amount and a 15% contingency for a total amount of $3,094,099.15 as shown below:

Bid Cost (Contera Construction Corporation) $2,690,521.00 15% Contingency $ 403,578.15
Construction Total $3,094,099.15

DESCRIPTION GENERAL LEDGER

ACCOUNT CODES

PROJECT
CODE

AMOUNT ONE TIME
or

ONGOING
2024-
2025
Tropical Storm
Hilary Soil
Removal Project
Fund
100-900-910-911-8300-8301 M00023 $2,690,521.00 ONE TIME 2024-
2025
Tropical Storm
Hilary Soil
Removal Project
Fund (15%
Contingency)
100-900-910-911-8300-8301 M00023 $ 403,578.15 ONE TIME 2024-
2025 Total $3,094,099.15
FIVE-YEAR STRATEGIC PLAN:

GOAL B: Community Investment
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

Goal E: Safety
Objective: Cathedral City is safe for all who live, work and play in our community.

ATTACHMENTS:

1. Contract - Contera Construction Corp.

2. Bid Tabulation

Agreement 1300-1
SECTION 1300

CONTRACT

THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "C ity”, and Contera Construction Corporation herein referred to as, "Contractor”.

W I T N E S S E T H:

In consideration of their mutual covenants, the parties hereto agree as follows:

1. Contractor shall furnish all necessary labor, material, equipment, transportation, and services for TROPICAL STORM HILARY – SOIL REMOVAL FOR OFELIA

BRINGAS MEMORIAL BRIDGE GRADE CONTROL STRUCTURE AND DATE PALM BRIDGE CHANNEL LINING, CITY PROJECT NO. M00023, BID NO. B24 -57E (the “Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated May 01, 2024, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications , Plans, Referenced Specifications, the General Conditions, Supplementary Conditions , Certification for Contracts, Grants, Loans, and Cooperative Agreements , the Contractor's Bid dated May 22, 2024 , and any addenda thereto (the “Contract Documents”) all of which shall be considered a part hereof as though fully set herein.

2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference.

3. All work shall be done in a workman -like manner and to the satisfact ion of the City Engineer.

4. Time is of the essence in the Contractor’s performance of the Work for this Contract. The contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. The c ontractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 100 Calendar Days from the date of Notification to Proceed.

5. In consideration of said W ork, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed Two Million Six Hundred Ninety Thousand Five Hundred Twenty -One Dollars and Zero Cents ( $2,690,521.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.

6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and

Agreement 1300-2
the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770- 1777, Labor Code of California).

7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents , the cost of which shall be paid by Contractor.

8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent , or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members, and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret, or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.

9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. The c ontractor shall furnish evidence of having in effect and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self -insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.

10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810- 1815 of the Labor Code of the State of California.

11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex,

Agreement 1300-3
gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this Contract.

12. Contractor also agrees that for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.

13. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally accept able accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereo f for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

14. This Contract shall not be assignable by Contractor without the written consent of City.

15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed.

16. In accepting this Contract, the Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.

17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the W ork. The contractor must, at the Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. The c ontractor represents and declares to Agency that it has all licenses, permits, qualifications , and approvals of whatever nature which are legally required to practice its profession.

18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to e nsure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.

A
greement 1300-4

19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract.
21 . The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

22. I
n entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgment by the Parties.

23. The Parties agree that, in accordance with the City’s Electronic Signature Use P
olicy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this doc ument. Any use of electr onic signatures to execute this document shall comply with the City’s E lectronic Signature Use Policy, and such s ignatures shall hav e the same force and effect as if this Agreement were executed by hand. Signer acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Signer agrees to comply with the Electronic Signature Use Poli-c y. Signer agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.

Agreement 1300-5
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below.

"CITY"

CITY OF CATHEDRAL CITY,
a California municipal corporation

By:________________________________ Dated:______________________________ Charles P. McClendon, City Manager

ATTEST:

Dated: _____________________________
Tracey R. Hermosillo, CMC, City Clerk

APPROVED AS TO FORM:

Dated: _____________________________
Eric Vail, City Attorney

“CONTRACTOR”

Dated: By: _______________________________ Name: _______________________________
Title: _______________________________

Dated: By: ____________________________ Name: ________________________________
Title: ________________________________

[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]

Faithful Performance Bond 1310-1
SECTION 1310

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on June 26, 2024 , awarded to Contera Construction Cor poration, hereinafter designated as the Principal, a Contract for TROPICAL STORM HILARY –

SOIL REMOVAL FOR OFELIA BRINGAS MEMORIAL BRIDGE GRADE CONTROL STRUCTURE AND DATE PALM BRIDGE CHANNEL LINING, CITY PROJECT NO.

M00023, BID NO. B24 -57E and

WHEREAS, said Principal is required under the terms of said c ontract to furnish a bond for the faithful performance of said Contract:

NOW, THEREFORE, we, the Principal, and Harco National Insurance Company , as Surety, are held and firmly bound unto the City in the just and full amount of Two Million Six Hundred Ninety Thousand Five Hundred Twenty -One Dollars and Zero Cents ($2,690,521.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers , and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

It is acknowledged that the Contract provides for one- year guarantee period, during which time this bond remains in full force and effort.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, an extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK

Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this ___ day of __________________, 2024 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

__________________________________________________
Principal
(Seal)

__________________________________________________
Signature for Principal

__________________________________________________
Title of Signatory

__________________________________________________
Surety

(Seal)

__________________________________________________
Signature for Surety

__________________________________________________
Title of Signatory

__________________________________________________
Address of Surety

__________________________________________________
Phone # of Surety

__________________________________________________
Contact Person For Surety

Payment Bond 1320-1
SECTION 1320

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on June 26, 2024, awarded to Contera Construction Corporaion, hereinafter designated as the Principal, a Contract for TROPICAL STORM HILARY –

SOIL REMOVAL FOR OFELIA BRINGAS MEMORIAL BRIDGE GRADE CONTROL STRUCTURE AND DATE PALM BRIDGE CHANNEL LINING, CITY PROJECT NO.

M00023, BID NO. B24 -57E and

WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:

NOW, THEREFORE, we, the Principal, and Harco National Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of Two Million Six Hundred Ninety Thousand Five Hundred Twenty -One Dollars and Zero Cents ($2,690,521.00), executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California to give a right of action to them or their assigns in any suit brought upon this bond.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contractor to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, an extension of time, alteration, or addition to the terms of the contract or the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Payment Bond 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _____ day of ____________________, 2024, the name and corporate seal of each corporate party being hereto affixed, and these present duly signed by its undersigned representative, pursuant to the authority of its governing body.

__________________________________________________
Principal
(Seal)

__________________________________________________
Signature for Principal

________________________________________________
Title of Signatory

__________________________________________________
Surety

(Seal)

__________________________________________________
Signature for Surety

__________________________________________________
Title of Signatory

__________________________________________________
Address of Surety

__________________________________________________
Phone # of Surety

__________________________________________________
Contact Person For Surety

Workers' Compensation Insurance 1330-1
SECTION 1330

WORKERS' COMPENSATION INSURANCE CERTIFICATE

In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

______________________________________________
Signature

______________________________________________
Title

______________________________________________
Date

Liability & Insurance Requirements 1340-1
SECTION 1340

LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION

Contractor shall defend, indemnify and hold harmless the City, City Council and each member thereof, and every officer, employee , and agent of City, from any claim, demand, damage, liability, loss, cost , or expense (including, without limitation, attorney ’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor'’ employees, or any of its subcontractors arising out of work under this Contract.

The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor’s employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate, required pursuant to this Contract. The hold harmless, indemnification, and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost , or expense described herein. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.

2.0 INSURANCE REQUIREMENTS

2.1 General

After award of contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340- 2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.

The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by the Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.

The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.

Liability & Insurance Requirements 1340-2

2.2 Commercial General Liability Policy

The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following:

a. Premises Operations, including Explosion, Collapse, and Underground (X, C, and U) Coverage.

b. Completed Operations/Products, including X, C, and U Coverage.

c. Independent Contractors.

d. Blanket Contractual.

e. Deductible shall not exceed One Thousand Dollars ($1,000).

2.3 Commercial Business Auto Policy

The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage:

a. Coverage shall be applicable to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Contract.

b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy.

c. Deductible shall not exceed One Thousand Dollars ($1,000).

2.4 Workers' Compensation Insurance

The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:

a. The required policy shall provide coverage for Workers' Compensation (Coverage A).

b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B).

Liability & Insurance Requirements 1340-3

2.5 Endorsements

All of the following endorsements are required to be made a part of the policies described in this Section hereof:

a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub- consultants are hereby added as additional insured insofar as Work done under this Contract is concerned."

b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self -insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only."

c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.

d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:

Kevin Biersack, Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

2.6 Change in Terms

The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein.

Certification for Contracts, Grants, Loans, and Cooperative Agreements 1350-1

44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or em ployee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have be en 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 Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

Certification for Contracts, Grants, Loans, and Cooperative Agreements 1350-2

1. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for em ployment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in co nspicuous places, available to employe es and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solic itations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employ ee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contract or’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and repo rts required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include th e portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor beco mes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construc tion work: Provided, That if the City so participating is a Certification for Contracts, Grants, Loans, and Cooperative Agreements 1350-3

State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The City agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor deba rred from, or who has not de monstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppo rtunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2. Compliance with Contract Work Hours and Safety Standards Act (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcon tractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subc ontractor shall insert in any subcontr acts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime cont ractor shall be responsible for complia nce by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

3. Clean Air Act
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

Certification for Contracts, Grants, Loans, and Cooperative Agreements 1350-4

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

4. Federal Water Pollution Control Act
The Contractor agrees to comp ly with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

5. Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180. 995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material represen tation of fact relied upon by City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available re medies, including but not limited to suspension and/or debarment.

The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

6. Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for co mpliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other appl icable requirements of Section 6002 of the Solid Waste Disposal Act.”

Certification for Contracts, Grants, Loans, and Cooperative Agreements 1350-5

7. Access to Records
The Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, doc uments, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

In compliance with the Disaster Recove ry Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

8. DHS Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s), logos, crests, or re productions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

9. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

10. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

11. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U. S.C. Chap. 38 (Administrative Remedi es for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

CITY OF CATHEDRAL CITY
TROPICAL STORM HILARY – SOIL REMOVAL FOR OFELIA BRINGAS BRIDGE GRADE CONTROL STRUCTURE

AND DATE PALM BRIDGE CHANNEL LINING

BID TABULATION
CITY PROJECT No.: M00023
Bid No: B24-67E
DATE: 05/28/2024
1 MOBILIZATION LS 1 196,766.00$ 196,766.00$ 250,000.00$ 250,000.00$ 48,477.20$ 48,477.20$ 535,000.00$ 535,000.00$ 100,425.00$ 100,425.00$ 2 TRAFFIC CONTROL LS 1 90,970.00$
90,970.00$
58,000.00$ 58,000.00$
83,377.36$
83,377.36$ 125,000.00$ 125,000.00$ 144,000.00$ 144,000.00$ 3 DUST CONTROL/ WATER POLLUTION CONTROL LS 1 250,085.00$ 250,085.00$ 24,000.00$ 24,000.00$ 56,467.00$
56,467.00$ 125,000.00$ 125,000.00$ 129,870.00$ 129,870.00$ 4 STORM WATER AND NONSTORM WATER
POLLUTION CONTROL LS 1 77,000.00$ 77,000.00$ 24,000.00$ 24,000.00$ 53,900.68$ 53,900.68$ 125,000.00$ 125,000.00$ 50,000.00$ 50,000.00$ 5 UNCLASSIFIED EXCAVATION EARTHWORK CY 110,000 18.87$ 2,075,700.00$ 26.00$ 2,860,000.00$ 28.36$ 3,119,600.00$ 25.25$ 2,777,500.00$ 30.84$ 3,392,400.00$ 2,690,521.00$ 3,216,000.00$ 3,361,822.24$ 3,687,500.00$ 3,816,695.00$ 1 MOBILIZATION LS 1 350,000.00$ 350,000.00$ 172,757.00$ 172,757.00$ 250,000.00$ 250,000.00$ 278,050.00$ 278,050.00$ 2 TRAFFIC CONTROL LS 1 50,000.00$
50,000.00$
76,011.00$ 76,011.00$
250,000.00$ 250,000.00$ 207,700.00$ 207,700.00$ 3 DUST CONTROL/ WATER POLLUTION CONTROL LS 1 350,000.00$ 350,000.00$ 229,835.00$ 229,835.00$ 50,000.00$ 50,000.00$ 663,475.00$ 663,475.00$ 4 STORM WATER AND NONSTORM WATER
POLLUTION CONTROL LS 1 50,000.00$ 50,000.00$ 163,944.00$ 163,944.00$ 35,000.00$ 35,000.00$ 72,900.00$ 72,900.00$ 5 UNCLASSIFIED EXCAVATION EARTHWORK CY 110,000 30.00$ 3,300,000.00$ 34.30$ 3,773,000.00$ 35.00$ 3,850,000.00$ 34.32$ 3,775,200.00$ 4,100,000.00$ 4,415,547.00$ 4,435,000.00$ 4,997,325.00$

TOTAL UNIT COST
Contera Construction Corporation

TOTAL UNIT COST TOTAL UNIT COST
Remedial Transportation Services, Inc.

TOTAL TOTAL
Vertex Civil LLC Tri-Star Contracting II, Inc. IE General Engineering

UNIT COST UNIT COST
TOTAL
Bosco Constructors, Inc.

UNIT COST TOTAL UNIT COST TOTAL
Empire Equipment Service, Inc. Riverside Construction, Inc.

UNIT COST TOTAL
Ames Construction, Inc.

UNIT COST

TOTAL BASE BID ITEMS

ITEM DESCRIPTION UNIT QUANTITY

BASE BID ITEMS

TOTAL BASE BID ITEMS

BASE BID ITEMS

ITEM DESCRIPTION UNIT QUANTITY
3 0
3 Staff Report
City Council
Item No. 5.E
Meeting Date: June 26, 2024
From: Andrew Firestine, Director of Community and Economic Development Title: Contract Award for Building Plan-Check and Inspection Services RECOMMENDATION:

To approve a Professional Services Agreement with HR Green, for three-years (3), with two (2) one-year extensions, and authorize the City Manager to approve one-year extensions.

BACKGROUND:

Over the last twenty years, the City’s Building and Safety Division of the Community and Economic Development Department (“Building Division”) has relied on third-party consultants to supplement plan-check and inspection services. In recent years, many local governments made the conversion to allow the digital submission of plans and permits and electronic plan review, creating efficiencies in the plan review process. The State of California’s current and upcoming laws streamline many permitting processes, creating further need for a responsive review process. The City of Cathedral City (“City”) has struggled with the necessary software, training equipment, and third-party consultants required to meet these demands.

The Community and Economic Development Department committed to the re- implementation of our enterprise software, Energov EPL, in partnership with Information Systems and other departments. This action was imperative for all departments to provide the level of service sought by applicants and, in many cases, required by law. A streamlined and more efficient review process also promotes the City’s economic goals of business attraction and retention by reducing the time an application is in the review process and better facilitating review comments, working to reduce uncertainty and risk in the review process.

The Energov EPL is a critical part of the overall solution to improve the City’s services offered to the development community. It is, however, only a software platform and it requires staff and third-party consultants to operate it to achieve its intended goals. Staff have been deeply immersed in training as part of the Energov redeployment. Recognizing, however, that the City has historically relied on third-party consultants to perform plan check services on new commercial, major commercial tenant improvement building permits, and new residential 3 0
3 permit, staff issued a Request for Proposals (RFP) for building plan check and inspection services with an updated scope of work that reflected the City’s current needs. The contract for plan check services had also not been bid out in over 15 years, also creating the opportunity to ensure that the City was receiving competitive rates for the advertised services.

In the last two years, the Building Division issued over two-thousand building permits annually and performed approximately six thousand inspections each year. In the RFP, staff laid out detailed guidelines which required the ability to perform electronic plan-review using Bluebeam software, access to and user experience with Energov/EPL permitting software and the ability to utilize the software effectively without guidance from City staff. It also addressed the City’s desire to perform building inspections with a one business day turnaround and the need for on-call building inspection services to supplement City staff to meet this target.

The RFP was issued on March 18, 2024 and closed on April 12, 2024. The City received a total of ten (10) responses to the RFP. The RFP responses were scored and ranked based on specific experience and qualifications of each firm related to building services; the qualifications of key personnel; their project approach in terms of utilization of technology, software and experience with electronic plan review; and the cost proposal. After an internal review performed by Community and Economic Development Department staff, the top three scoring candidates were identified and invited for an in-person interview with the City’s plans examiner, chief building official and department director.

Each firm was asked to make a presentation following a specific format and requesting the consultants to describe their approach to plan check services, including how their review process works from the point a new plan check is assigned to the point it is approved; their experience with Energov and Bluebeam; their customer service and quality check processes; and an account of those measures they take to contain plan checks to three rounds of review or less. The firms were also asked to disclose the availability of contract building inspectors starting on July 1, 2024 and other details that would demonstrate their ability to perform building inspection services for the City.

DISCUSSION:

HR Green was identified as the contractor that is best suited to meet the City’s current needs and staff recommends executing a professional services agreement for both building plan check and inspection services with HR Green. This recommendation is based on many factors, notably their ability to meet the City’s expectations to perform electronic plan-review utilizing the Energov EPL system and Bluebeam software and their commitment and demonstrated ability to minimize plan check review time in three rounds or less. HR Green demonstrated a highly responsive level of customer service from project intake to project approval, communicating directly with the applicant and or designer to address submittal requirements or to clarify plan check comments. HR Green also has the bandwidth and experience to accommodate the City’s inspection needs.

From a cost standpoint, their proposal is competitive with other proposals and the compensation paid for building plan check services is less than the City’s current contract.

The fee structures for third-party building plan check services are typically established as a revenue share, whereby a third-party is paid a percentage of the fees collected by the City. 3 0
3 The current contractor receives 75 percent of the plan check fees collected by the City for the plan checks it performs. HR Green’s proposal incorporated a sliding scale, ranging between 55 and 70 percent, depending on the monthly plan check fees collected by the City for projects assigned to HR Green. The proposal calls for compensation in the amount of 70 percent of the first $35,000 in monthly fees collected by the City on projects assigned to HR Green, 65 percent for the additional amount between $35,001 and $50,000, and 55% for any amount over $50,000. Based on the City’s currently utilization of third-party plan check services, the City will be typically be billed at the 70 percent rate but with the potential for lower rates during periods where the City is realizing higher volumes of permitting activity.

FISCAL IMPACT:

The City of Cathedral City collects fees at the submission of building permit applications that are calculated from an established master fee schedule based on the valuation of a proposed construction project. The fees are intended to provide a cost recovery for the review of a building permit application. For FY 2024/25, the Development Services Department has budgeted $360,000 for third-party plan check and inspection services based on projected submittals and anticipated revenue for the upcoming year.

FIVE-YEAR STRATEGIC PLAN:

A-1, Study the need to reallocate staff resources including the use of contracts.

C-9, Procure additional professional service contracts to increase staff capacity related to private development plan review, building plan review and inspections, capital project delivery, and land use planning to ensure required city services are performed based upon applicant need vs staff availability.

ATTACHMENTS:

1. HR Green Proposal

2. Professional Services Agreement
APRIL 12, 2024
City of Cathedral City

PROPOSAL FOR
Professional Services - Building and Safety Plan Check and Inspection Services
Carlos Yado, CBO, ICC-Certified
44651 Village Court, Suite 123
Palm Desert, CA 92260
Direct 951.475.3648 + Cell 949.444.9916
[email protected]
April 12, 2024
Patrick Bumstead, Financial Analyst
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA
Re: Professional Services for Building and Safety Plan Check and Inspection Services Dear Patrick and Other Selection Committe Members,
To provide high quality, responsive services and enhance the e-plan review process within the context of your ongoing, robust development activity (e.g., new residential, multi-family and mixed use developments under construction or planned for the near future), the City of Cathedral CIty requires a multi-faceted consulting firm with the industry reputation, thought leadership, breadth and depth of capabilities, and resources focused on turnkey plan review (building and civil), training, outreach, and permitting using electronic platforms, and proven best practices.

The City’s mission statement “Moving Cathedral City Forward with Commitment, Pride, and Excellence,” is inspiring and resonates with that of HR Green Pacific’s (HR Green) vision to deliver the highest quality of service to our clients and communities everyday, one project at a time. We prioritize fostering purposeful relationships with integrity, engaged compassion, clear communication, and transparency similar to the City of Cathedral City with quality and creativity. We understand the City’s strategic plan to serve the community with pride and dedication, fiscal stability, community investment, innovation, safety, and embracing an inclusive community. HR Green is an industry leader in the Coachella Valley will help you achieve these goals and objectives through our best practices in partnership with the City .

Your significant priorities around implementing sustainable building code solutions and development strategies center on:

1. Perform all plan checking services in a diligent and professional manner

2. Creating a vigorous and streamlined electronic document review system utilizing Energov and Bluebeam platform/portal,

3. Coordinate building permit requirements and interface with City Departments and other agencies, and

4. Provide on-call inspection services.

HR Green checks ALL these boxes!
HR Green is an industry recognized thought leader and service provider in delivering the very services you are seeking to more than 75 public agencies throughout the United States with a special focus on leveraging Energov with Bluebeam and other electronic plan review platforms. Our proposed team members are recognized within the industry to be the “best in the business.” From coast to coast we lead the industry in paperless plan review, digital analysis, real-time progress reporting, performance tracking – just to name a few.
 HRGREEN.COM
 44651 Village Court | Suite 123
Palm Desert, CA 92260
Main 760.262.4317 + Fax 713.965.0044
HR Green® | Building Communities. Improving Lives.

Our Unparalleled Differentiators
While there are many things that set HR Green apart from the competition, here are a few listed that will be covered in detail throughout the proposal.
 Our team knows Cathedral City  Our team has 75+ engineers/ICC Professionals  We provide concierge-level services  We have a 98% Turnaround success rate  Over 1 10 years of experience prviding similar
services
 Proficient with EnerGov, Bluebeam and other
softwares
George Wentz, PE, a registered engineer in California and HR Green Board Director/Vice President, is authorized to sign and negotiate all terms and conditions of this proposal. Carlos Yado, CBO, is a trusted professional in the industry and is the assigned Project Manager for day-to-day management for the City of Cathedral City. Timothy Jonasson, PE, a familiar face throughout the Coachella Valley, will serve as our Principal-in-Charge.

We bring a demonstrated successful track record and look forward to the prospect of serving the city. If selected, HR Green is prepared to move ahead promptly to address your specific needs. Included in this proposal are all documents/forms required by the City including references, key personnel, our qualifications/ experience, our project approach, and fees.

This proposal will remain valid for a minimum of 90 days.

Sincerely,
HR GREEN PACIFIC, INC.

Carlos Yado, CBO George Wentz, PE
Project Manager Vice President
 Patrick Bumstead

April 12, 2024

Table of Contents
Preceding this Page a) Cover Letter
1 b) Executive Summary
5 c) Qualifications and Experience
29 d) Cost Proposal
Continuous service for
more than 110 years
110
Building and Safety Plan Check and Inspection | City of Cathedral City

Project Understanding for Cathedral City
The City of Cathedral City is proactively implementing
various improvements to enhance cost-effective
efficiencies, and facilitate customer responsiveness.

These steps include leveraging streamline electronic
processes using the City’s Energov permitting software
and also partnering with a third party plan review
consultants with the breadth of technical proficiency
to meet or beat your turnaround review schedule
performance metrics. Also providing efficient and effective inspection services as needed.

HR Green has extensive experience including working in
the Coachella Valley, providing a range of engineering
services to almost all of the cities in the Valley. This, along with our company’s Plan Review experience in La
Quinta and Palm Desert, provides a wealth of knowledge
specifically related to region. This includes similar climatic, geological, and topographic issues as well as managing
code solutions for Cannabis Manufacturing and Grow
operations/buildings.

HR Green understands some of your key Concerns
and has solutions in mind, based upon our record of
experience.

Key Concern: NUMBER OF REVIEWS
We consistently hear from agencies, applicants, and
constituents frustrated at experiencing too many review cycles prior to plan approval, blindsided by new review comments made in subsequent reviews, and lack of plan
reviewer assigned continuity for each review. This lack of customer service can be found in lackluster satisfaction surveys, heard at Board meetings from vocal constituents, and experienced by City leadership.

Our Solution: HR Green prides itself on efficient and
effective customer service. Nationwide, we consistently experience a 98% success rate meeting our public agency review schedules and approvals within three reviews or less for non-over-the-counter projects. We do this by:
 Assigning the same highly qualified plan reviewer to a project from initial review to final approval. This creates critical continuity and rapport between the applicant
and the reviewer to understand the project’s needs, City requirements, and what is required for expeditious and
efficient approval.
b) Executive Summary
 Consistently formalizing and automating the intake
and review process (our Green TREx program). This
allows for efficient routing of plans, consistent digital comments, tracking logs, and 24/7 access to project
status.
 Working collaboratively with the designers, contractors, and developers for a team approach to code
compliance.

Key Concern: COMMUNICATION CHALLENGES
Communication bottlenecks between applicants, City
departments, regulatory agencies, and the consultant
reviewers and inspectors can extend the review process, foster frustration, negatively impact relationships, and compound inefficiencies. Applicants may not be informed as to submittal requirements or understand Conditions
of Approval, code intent, and Certificate of Occupancy
requirements. Consequently, either comments grow after
plans have already been resubmitted, causing even more
delays, and/or otherwise unnecessary re-inspections are required.

Our Solution: HR Green prioritizes seamless
communication among all stakeholders by:
 Facilitating workshops and training sessions for
prospective stakeholders, applicants, architects, and
engineers.
 Disseminating educational handouts and checklists
through various avenues (e.g., City website, emails,
at the counter, etc.) detailing what is required for a
complete submittal application, codes, regulations, plan review timelines.
 Establishing and sharing key performance metrics and
expectations.

Building and Safety Plan Check and Inspection | City of Cathedral City

 Utilizing either City-provided or customized internal plan review checklists and forms tied to your EnerGov
permitting system to provide consistency by our
consultant staff.
 Initially meeting with applicants upon receipt of the submittal to clarify the required steps for project
approval, code requirements, alternate construction
means and methods, key milestones, and contact
information.
 Holding virtual meetings to review digital comments,
explain the rationale for these comments, and real-time collaboration to incorporate changes and corrections.
 Responding to phone calls and emails within one day.

Key Concern: INEFFICIENCIES
Agency staff and applicants have voiced cascading concerns of inefficiencies due to myriad of issues. These include not having qualified staff assigned to plan review, permit counter, code enforcement, and inspection assignments; not mobilizing enough qualified staff and/or quickly enough to meet current workloads, assigning staff either not familiar with your agency-specific processes and standards or
not possessing the customer-centric skills needed which otherwise creates an adversarial relationship.

Our Solution: HR Green’s greatest resource is our staff and their commitment to deliver the highest level of
service to our clients. As an employee-owned firm with
a 100+ year reputation, we embrace and enrich their
technical proficiency and communications skills to become trusted advisors and solution finders to our municipal
clients. They are expected to live our Mission: BUILDING COMMUNITIES. IMPROVING LIVES. Our success
is grounded in our collective commitment to our Core
Values: Leadership, Performance, Operational Excellence, Collaboration, and Community. We do this by:
 Consistently meeting and communicating with
the agency staff to establish goals, understand
expectations, monitor current and future workload, and
review staff performance.
 Verifying that all proposed assigned staff seamlessly mirror the background and needs of the agency so they
can hit the ground running upon notice to proceed.
 Familiarizing our staff before deployment with your
specific needs, codes and standards, documentation,
performance expectations, and chain of command.
 Proactively providing ongoing cross-training and
financially supporting staff to obtain professional
credentials and other critical skills (public speaking, change management, software proficiency, conflict
resolution, etc.).
 Assigning cross-trained staff to maximize flexibility by competently and efficiently handling various tasks as
diverse needs arise in the most cost-effective manner.
 Mentoring agency staff, if desired, to help them become more valuable employees as they continue their career
growth.

Key Concern: High Quality Building Inspection
Services
HR Green’s ICC-certified and bilingual building inspectors shall provide the following field services and be assigned during normal business hours, and as-needed:
 Read and study project specifications, plans, and drawings to become familiar with project prior to inspection,
ensuring that structural or architectural changes have
been stamped as approved by City and recognizing the
need for and requiring plan checks for electrical, plumbing, and mechanical code requirements.
 Perform and document inspections on construction
projects to determine that all aspects of the project,
such as foundations, building, electrical, plumbing, and mechanical systems conform to the applicable building
codes, zoning ordinances, energy conservation, green
building and disabled access requirements, including
known county, state, and federal requirements.
 Provide excellent customer service to the public as
an extension of City staff. Our certified inspectors are knowledgeable and specialize in on-site problem solving

Building and Safety Plan Check and Inspection | City of Cathedral City

and working closely with property owners through
completion of the inspection.
 Identify and document deviations between approved plans and actual field installations.
 Write detailed correction and/or stop work notices, as applicable.
 Proficiently communicate with contractors, architects, engineers, and building owners to provide clear and
concise direction.
 Bring to the attention of the City for approval of any changes in building, plumbing, mechanical, electrical,
and related work consistent with code and ordinance
requirement.
 Provide convenient building inspection appointments with 2 hour windows to better serve the public.
 Participate in reviews with fire, health, and other
government agency inspectors, as well as owners.
 Maintain a record of non-complying items and follow up to resolution of such items.
 Update inspection reports using the City’s system
Our building inspection activities can be adjusted on
fast track projects to provide a high level of coordination Receive
Inspection
Requirement
from City
Hold Pre-
Construction
Meeting (as
required))
Schedule +
Preform Code
Required
Inspections
Review + Approve
Special Inspection
+ Construction
Observation
Reports
Complete Final
Inspection
Recommend
Issuance of
Certificate of
Occupancy
City Issues
Temporary or
Final Certificate
of Occupancy
specifically suited to the design build concept and to gain compliance with all applicable codes required by the City.

Fast track projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes. We recognize that there are alternate materials and methods of construction that can be used
to satisfy and comply with the provisions of the code. Our experience with the use of alternate materials, alternate design and methods of construction enhances our ability to solve specific issues that arise in design and construction.

HR Green’s Building Inspection Process
Building and Safety Plan Check and Inspection | City of Cathedral City

YOUR OBJECTIVES
 Assign qualified, ICC-certified staff and professional engineers/architects who are competent in: Plan Check
and Permitting Assistance (as needed), as well as Building Inspection services.
 Staff members will verify proper documentation of
plan reviews and customer inquiries to deliver clear
communication and seamless processing in your
permitting system.
 Complete standard building and structural plan reviews within the City’s stated requirements. Our plan reviewers will work with designers, developers, and contractors with a proactive code compliance effort to limit the number
of reviews. HR Green’s Plan Review team is capable of
consistently beating agency-established time frames.
 Review site-civil components including items such as; stormwater and drainage management, parking, lighting,
landscaping, signage etc.
 Assign qualified HR Green staff who are competent in all plan review disciplines and permit processing who
will not only assist with daily duties, but also quickly and effectively respond to natural disasters and emergencies.

Our team will work cohesively with City staff, other
departments, stakeholders, business owners, and
residents within the communities to facilitate a safe,
sustainable, and positive outcome with their applications.

HR Green is ideally suited to accomplish these
metrics. We will assign a team of highly qualified plan reviewers and permitting staff (if needed to enhance your processes/EnerGov system), all of whom have served either as public agency employees or in an extension of staff role.

They will be responsive and flexible, exhibit a high level of customer service, provide timely and cost-effective service, and communicate in a detailed and transparent manner.

These positions include:
 ICC-certified Building Official as a Project Manager
with high-level experience and skills in transitioning and successful mentoring and management of development
services staff, thorough knowledge of building department policies and procedures, national code development
reputation, and partnership with other City departments and outside agencies.
 Registered Plan Review Engineers/Architects, Master
Code Professionals, and ICC/LEED-certified Plans
Examiners for thorough and timely plan review that
complies with applicable codes, ordinances, design
standards, and regulatory requirements.
 ICC-certified Permit Technicians to provide remote
support associated with intake, routing, and document
control.
 Building and Civil Inspectors.
 Registered Professional engineers (civil, structural).  Certified Flood Plain Managers.

HR Green Differentiators
 Deep pool of certified and registered engineers
(including structural), licensed architects, Master Code Professionals, and certified staff (CASp, ICC, CAL -OES, QSD/QSP , CESSWI, CISEC, etc.) / Served 75+ agencies
 Dedicated core staff with extensive plan review
experience with Coachella Valley communities
 Proficiency using automated permitting systems,
including EnerGov and Bluebeam deployment and
utilization, as well as various inspection software
 Nationally recognized Subject Matter Professionals to facilitate staff training, community engagement, and
developer/architect code intent workshops
 Highly responsive, technically proficient staff who are also strong communicators / No learning curve
 Highly qualified registered/certified staff capable of offering scalable solutions (accomplish more with fewer staff, greater flexibility and efficiency)
 Proven ability to quickly ramp up and expedite plan
reviews
 Established relationships working with regulatory
agencies and responding to emergency needs (CalFire,
FEMA, etc.)
 Technical consultant to various automated permitting
software companies to enhance their latest electronic
plan review and integrated solutions
 Consistently utilize field inspection apps and digital reporting
 30+ year working relationships with nearby agencies
providing multi-faceted engineering consulting
Building and Safety Plan Check and Inspection | City of Cathedral City

c) Qualifications and Experience
i) Firm Contact Information
Project Manager: Carlos Yado, CBO Authorized Negotiator: George A. Wentz, PE 44651 Village Court, Suite 123 Same Address
Palm Desert, CA 92260 Phone: 855.900.4742
Phone: 949.444.9916 Email: [email protected]
Email: [email protected]
Our Commitment to and Track Record in the Coachella Valley Establishing a long-term, local presence in the Coachella Valley was a key initiative of our strategic plan a few years ago. We maintain a fully operational and staffed office in Palm Desert working with a variety of Coachella Valley agencies, including a majority of local cities to share our thought leadership. Since this plan was conceived, we have purposely and proactively implemented a culture that embraces our Mission, Vision, and Values of Building Communities. Improving Lives.

We have provided multi-faceted consulting services to eight Coachella Valley cities. Given our extensive local experience, we are very familiar with city and regional standards, such as Riverside County environmental health department, the Coachella Valley Association of Governments (CVAG), the Coachella Valley Water District (CVWD), and PM10 requirements.

Our local services have included the following:

City Cathedral City CIP Project/Program Management, Civil Plan Review, Land Development Coordination, Design
City of Palm Desert Building Plan Review , Civil Plan Review, Staff Augmentation, Engineering, Design, Construction Management, Inspection, Broadband Master Planning, Traffic Engineering City of Rancho Mirage Civil Plan Review
City of Indian Wells Design, On-Call Engineering
City of Coachella Construction Management, Inspection
City of Desert Hot Springs Civil Plan Review
City of La Quinta Building Plan Review , Civil Plan Review, Inspection City of Palm Springs Broadband Master Planning
CVAG Traffic and Transportation Coordination, Broadband Planning

THOROUGH AND ACCURATE
“HR Green provides thorough and accurate
review comments to our development engineers
and responds quickly to expedited review
requests. Their proficiency to collaborate using
digital commenting of plans (electronic plan
check) has saved us time and money.”
Daniel Wozniak I Project Manager, Pulte Homes
Corporation

COLLABORATIVE AND STREAMLINED
“As Building Official for San Juan Capistrano, Carlos (Yado) played an instrumental role in seamlessly processing our major development. He was very involved at the onset and throughout the project, regularly met with our team, and set up a collaborative, streamlined process and concierge level service through entitlement, permit processing, plan approval and construction acceptance to deliver our project in a timely, efficient, and easy manner.”
Dan Friess I Principal, Mission Commercial Properties, Inc.

Building and Safety Plan Check and Inspection | City of Cathedral City

Staffing and Project Organization
ii) List of Qualifications and Experience for Personnel Your primary point of contact is Carlos Yado, CBO , our assigned Project Manager . Carlos will be your day-to-day contact and will see that all resources are allocated to your projects as needed, serve as part of our QA/QC team, and will be available for requested meetings with the City. Tim Jonasson, PE , our assigned Principal-in-Charge, and George Wentz, PE , our QA/QC Manager, are long-time Coachella Valley residents and have a long-established working experience with the City of Cathedral City and most cities in the Coachella Valley . Their biosketch resumes and work experience, along with those of our proposed personnel, appear in the following pages.

George A. Wentz, PE n u
Project Manager
Timothy Jonasson, PE n u
Principal-in-Charge
BUILDING PLAN CHECK/INSPECTION + RELATED SERVICES TEAM

BUILDING PLAN CHECK
Beth Jay - Task Lead u (ICC-Certified)
City of Cathedral City
Carlos Yado, CBO n u
ICC-Certified
QA/QC

CIVIL PLAN CHECK
Tina York, PE - Task Lead u
Miranda Martin, PE n u
James Xiong, PE n u
15+ additional staff available
Sandra Schmitz, PE, ICC-Certified n u
Ken Welch, CFPE, CFM, MCP, CBO, ICC-Certified n u
Jim Waters, CBO, ICC-Certified n u
Behrouz Azarvand, CASp n u
Clark Shen, PE, SE n u
Arsanious Hanna, PE, CBO, QSD n u
Alan Ho, PE, SE, LEED AP n u
Eric Rodriguez, PE, SE n u
Jason Garmoe, MCP, CBO n
Brenda Yu, EIT, ICC-Certified n
Desiree Flores, PE n
Steve Schwarz, PE, SE n
10+ additional staff available
Legend
n HR Green Personnel
n NV5 Personnel
n Azarvand Building Department Services, LLC
u Key Personnel
Lead Technician/Intake
Linda Nguyen, ICC-Certified n u
Rob Stauffacher, ICC-Certified n u

BUILDING INSPECTION
Jose Ibarra, CBO - Task Lead u
(ICC-Certified)
Jim Waters, CBO, ICC-Certified n u
Eric Muse, ICC-Certified n u
William Janowski, ICC-Certified n u
Alan Valles, ICC-Certified n
Paul Barreto, ICC Certified n
Kyle Soldan, ICC-Certified n u
Bruce Boyer, ICC-Certified n u
Building and Safety Plan Check and Inspection | City of Cathedral City

Carlos Yado, CBO, ICC-Certified I Project Manager
Carlos brings more than 15 years of supervisory experience of the daily operations of the Building and Code Enforcement Departments for various Southern California cities. As a Director of professional associations he developed a mentoring program and provided training on the latest codes. His expertise includes counter customer service, permitting, plan check, field inspection, code interpretation, departmental management and optimization, strategic business planning, and gathering of data and completing required reports. His progressive, customer service oriented, collaborative approach enables departments the opportunity to elevate their potential and increase efficiency and effectiveness. He has implemented and monitored compliance with the applicable building codes and city ordinances, while providing counsel on appropriate alternate construction means and methods. Carlos is proficient using various software applications, including Bluebeam Revu , EnerGov , TRAKiT, Accela, Adobe, e-PlanSoft, and ePermitHub.

RELATED PROJECT EXPERIENCE
Z Building Plan Review, City of Palm Desert. Project Manager for on-call building plan review of a variety of residential, commercial, and destination facilities, including a high-profile $98 million 5.5-acre surf lagoon and wave machine, surf center and associated facilities, 92 room hotel, and 83 for-sale residential units and clubhouse. Our building plan check staff reviewed a 269 unit multifamily affordable housing project, residential custom homes and duplexes, commercial tenant improvements, museum buildings and large solar reviews. All reviews are 100% electronic with a 100% success rate meeting plan review schedules.

Z Building & Safety Services, Cities of Hemet, San Juan Capistrano, Palos Verdes Estates, and Whittier. Building Official/Building and Code Enforcement Manager responsible for supervising the daily operations of the Building and Code Enforcement Divisions, including building inspections and code compliance. Recommended and administered policies and procedures. Managed and participated in the development and implementation of Building and Code Enforcement Division’s goals, objectives, policies, and priorities. Assessed and monitored workload, administrative and support systems and internal reporting relationships.

Identified opportunities for improvement. Selected, trained, motivated, and evaluated personnel; provided or coordinated staff training; worked with employees to correct deficiencies; implements discipline and termination procedures. Reviewed and approved building plans; conferred with developers, architects, engineers, builders, and contractors; performed plan checks; monitored compliance with Federal, State, and local codes; and recommended modifications as necessary. Served as a liaison between the Divisions, other City divisions, and outside agencies.

Z Building Plan Check and Inspection, Cities of Irvine, Santa Ana, and Anaheim. Senior Building Inspector/Electrical Plans Examiner while employed by various cities. Over this period of diverse experience, he was the plans examiner responsible for electronic and hardcopy review of commercial and residential projects. This included building, mechanical, electrical, plumbing, accessibility, and energy compliance reviews. He conducted various commercial and residential combination inspections. Carlos implemented staff training that engaged his peers to be committed to their professional development along with outside developers and contractors. He is proficient in using various inspection tracking software and electronic plan review software.

EXPERIENCE
15+ Years

EDUCATION
MBA (in process)
BA, Public Administration

ICC CERTIFICATIONS
Certified Building Code
Official
Certified Electrical Code
Official
Residential Combination
Inspector
Combination Inspector
Plumbing Inspector
Mechanical Inspector
Electrical Inspector
Electrical Plans Examiner
California Building Plans
Examiner

PROFESSIONAL

ASSOCIATIONS
President, ICC Code
Enforcement Chapter of
Orange County
Past President - Board
of Directors, ICC Orange
County Chapter
“As Building Official for San Juan Capistrano, Carlos played an instrumental role in seamlessly processing our major development.

He was very involved at the onset and throughout the project, regularly met with our team, and set up a collaborative, streamlined process and concierge level service through entitlement, permit processing, plan approval and construction acceptance to deliver our project in a timely, efficient, and easy manner.” - Dan Friess I Principal, Mission Commercial Properties, Inc.

Building and Safety Plan Check and Inspection | City of Cathedral City