Agenda packet — Cathedral City City Council, July 24, 2024 (part 2 of 2)

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57.63 83.85
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900.00

89.70 616.08

21.99 49.00

37.91 299.00
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75.27 Staff Report
City Council
Item No. 3.D
Meeting Date: July 24, 2024
From: Tracey Hermosillo, City Clerk
Title: Accept the Resignation of Danielle Mead from the Historic Preservation Committee
RECOMMENDATION:

Staff recommends that the City Council accept the resignation of Danielle Mead from the Historic Preservation Committee effective July 1, 2024, and direct staff to proceed with filing the vacant seat.

BACKGROUND:

Danielle Mead was appointed to serve on the Historic Preservation Committee on November 30, 2022, with a term continuing through June 30, 2025. She was nominated by Councilmember Raymond Gregory.

DISCUSSION:

On July 1, 2024, staff received a letter of resignation from Danielle Mead from the Historic Preservation Committee, effective immediately, due to her appointment to serve on the Planning Commission (see attached).

With the resignation of Ms. Mead, the Historic Preservation Committee will have one vacancy with a term continuing through June 30, 2025.

Staff recommends the City Council direct staff to do the following:

•Pursuant to Government Code 54974, post a Notice of Vacancy. No appointment can be made sooner than 10 days after the Notice of Vacancy has been posted. •Post the vacancy on social media and the City’s website. •Accept applications through August 16, 2024.

Pursuant to City Council Resolution 2022-47, this seat shall be nominated by Councilmember Raymond Gregory. Staff will work with Councilmember Gregory to schedule interviews and bring back a formal nomination at a future Council Meeting for ratification.

FISCAL IMPACT:

There is no fiscal impact with this item.

FIVE-YEAR STRATEGIC PLAN:

This item does not apply to the Five-Year Strategic Plan.

ATTACHMENTS:

1. Letter of Resignation Danielle Mead
From:

To: Tracey Hermosillo
Subject: Resignation from Historic Preservation Committee Date: Monday, July 1, 2024 4:06:06 PM
Hi Tracey:

Please consider this my resignation from the Historic Preservation Committee effective immediately, in light of my recent appointment to the Planning Commission. Thank you.

Regards,
Danielle Mead

,
Staff Report
City Council
Item No. 3.E
Meeting Date: July 24, 2024
From: Tracey Hermosillo, City Clerk
Title: Accept the Resignation of Skye Daley from the Planning Commission.

RECOMMENDATION:

Accept the Resignation of Skye Daley from the Planning Commission effectively immediately and direct staff to proceed with filing the vacant seat.

BACKGROUND:

Skye Daley was appointed to serve on the Planning Commission on June 30, 2020, and was reappointed on June 28, 2023, with a term continuing through June 30, 2026.

DISCUSSION:

On July 15, 2024, staff received a letter of resignation from Skye Daley from the Planning Commission, effectively immediately (see attached).

With the resignation of Mr. Daley, the Planning Commission will have one vacancy with a term continuing through June 30, 2026.

Staff recommends the City Council direct staff to do the following:
•Pursuant to Government Code 54974, post a Notice of Vacancy. No appointment can be made sooner than 10 days after the Notice of Vacancy has been posted. •Post the vacancy on social media and the City’s website. •Accept applications through August 16, 2024.

Pursuant to City Council Resolution 2022-47, this seat shall be nominated by Mayor Mark Carnevale. Staff will work with Mayor Carnevale to schedule interviews and bring back a formal nomination at a future Council Meeting for ratification.

FISCAL IMPACT:

There is no fiscal impact with this item.

FIVE-YEAR STRATEGIC PLAN:

This item does not apply to the Five-year strategic Plan.

ATTACHMENTS:

1. Letter of Resignation Skye Daley

VIA EMAIL ([email protected])

Tracy R. Hermosillo
City Clerk’s Office
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, Ca 92234

RE: Resignation from Planning Commission

Dear Tracy:

It is with great sadness that I tender my resignation from the Planning Commission effective immediately. I do so only because I have moved my primary residence from Cathedral City to La Quinta.

I want to thank you, the City Council, and the dedicated members of the Planning Department for an incredible experience. I care very much about Cathedral City and its future. I have genuinely enjoyed my time on the Commission, and hope that I have done some good.

I look forward to watching the city and the Commission for many years to come.

Very Best,

Skye Daley

Staff Report
City Council
Item No. 3.F
Meeting Date: July 24, 2024
From: Eugenia Torres, Human Resources Manager
Title: 401 (a) Side Letters
RECOMMENDATION:

To authorize the City Manager to execute side letters with the Cathedral City Police Management Association (CCPMA), Cathedral City Fire Management Association (CCFMA), Cathedral City Professional Firefighters Association (CCPFA), and update the regulations for Non-Represented Executive, Administrative, Professional, Confidential, and Other Particular Employees (Non-Rep) to amend the 401(a) retirement plan document.

BACKGROUND:

The City offers a 401(a) retirement plan to eligible employees. The Internal Revenue Service (IRS) regularly updates the guidelines and regulations governing 401(a) plans. To ensure the City’s plan maintains its tax-qualified status and avoid potential penalties, staff needs to amend the plan document and practice to align with the latest IRS regulations.

DISCUSSION:

There are two primary amendments being made: one is to align the MOU language with the practice of allowing final payout of eligible leave time to the 401(a) plan at separation, as currently authorized in the City‘s 401(a) plan. This practice had not been previously explicitly outlined in the MOU language for the eligible represented groups. The second change clarified that the two Fire represented groups had a minimum mandatory member contribution to the 401(a) plan at hire, and then within a specified time period after hire, members could elect to make a voluntary contribution. Additionally, during these negotiations, the CCPMA has requested to increase their mandatory contribution amount for their members to $200. In addition to amending the MOU‘s through these side letters, staff is also amending the 401(a) plan documents to reflect these changes.

FISCAL IMPACT:

There is no fiscal impact with this item. All 401(a) contributions are made by employees.

FIVE-YEAR STRATEGIC PLAN:

Goal A - SERVE THE COMMUNITY WITH PRIDE AND DEDICATION
Objective: Through diversity, equity, and inclusion driven employee programs and experiences, Cathedral City is the employer of choice with a workforce that is engaged, motivated, and respected public stewards
ATTACHMENTS:

1. Non-Rep 401a and 457 Side Letter

2. CCPMA 401a and 457 Side Letter

3. CCPFA 401a and 457 Side Letter

4. CCFMA 401a and 457 Side Letter

AMENDMENT TO AGREEMENT
Non-Rep Regulations

Deferred Compensation and 401(a) Plan

This agreement modifies the provisions related to Deferred Compensation and the 401(a) Plan outlined in Section 11.8 of the current Non-Rep Regulations.

Modifications:

A. 457(b) Plan:

The City sponsors a 457(b) eligible deferred compensation plan (457 (b) Plan). All bargaining unit employees are eligible to elect to contribute their City pay to the 457 (b) Plan in accordance with its terms.

For each pay period, the City will provide a matching contribution to each employee’s 457(b) account equal to 100% of the employee’s elective 457(b) contribution, up to a maximum of $55.00 per pay period.

B. 401(a) Plan:

The City sponsors a 401(a) defined contribution plan (401(a) Plan). Notwithstanding any MOU provisions to the contrary, contributions will be made to the 401(a) Plan for bargaining unit employees as follows:

• Mandatory employee contributions:

o Base salary— Every pay period, a mandatory contribution of $50.00 will be deducted from each employee’s base salary and contributed to the employee’s 401(a) account.

o Final leave balances

Upon termination of City employment, an employee’s eligible final leave balances, as defined by this MOU, will be contributed to the employee’s 401(a) account, but only if the employee :

(i.) reaches age 55 or older (or in the case of a safety employee, age 50 or older) in the calendar year of termination, or

(ii.) terminates from employment due to total and permanent disability.

Contributions to the 401(a) Plan are subject to annual limits under the tax laws. If any leave amounts described above cannot be contributed to the employee’s 401(a) Plan account due to these tax limits the employee may elect to receive the uncontributed amounts in the form of cash, 457(b) contributions (subject to tax limits), or a combination of both.

• Under no circumstance will any employee be permitted to elect to receive cash (or other benefit) in lieu of 401(a) contributions made under the above.

• For avoidance of doubt, the final leave balance available for 401(a) contribution under this provision will be determined after (i) any employee election to convert sick time to CalPERS service credit, (ii) application of any MOU provision reducing the lea ve balance

available at termination, including Section 6.7.1 (providing for payment of 25%/50%/100% of unused sick leave upon termination) , and (iii) any other MOU provision affecting the calculation of leave balances upon termination.

All other terms and conditions of the current Regulations remain in full force and effect.

This Amendment shall be effective upon approval by the City Council.

Agreed to this 8th day of July 2024.

For the City of Cathedral City:

_____________________________
Charles P . McClendon, City Manager
Charles McClendon (Jul 8, 2024 15:49 PDT)

Non-Rep 401a and 457 Side Letter 07.2024
Final Audit Report 2024-07-08
Created: 2024-07-08
By: Eugenia Torres ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAWXWOadvgVRj8ah6sgC-gtwq7HQTIrdXa "Non-Rep 401a and 457 Side Letter 07.2024" History
Document created by Eugenia Torres ([email protected]) 2024-07-08 - 9:49:44 PM GMT
Document emailed to Charles McClendon ([email protected]) for signature 2024-07-08 - 9:50:13 PM GMT
Email viewed by Charles McClendon ([email protected]) 2024-07-08 - 10:18:37 PM GMT
Document e-signed by Charles McClendon ([email protected]) Signature Date: 2024-07-08 - 10:49:10 PM GMT - Time Source: server Agreement completed.
2024-07-08 - 10:49:10 PM GMT

SIDE LETTER AGREEMENT
Between the City of Cathedral City and
Cathedral City Police Management Association (CCPMA)

Deferred Compensation and 401(a) Plan

This Side Letter Agreement is entered into by and between the City of Cathedral City (City) and the Cathedral City Police Management Association (CCPMA) to modify the provisions related to Deferred Compensation and 401(a) Plan as outlined in Section 16.4 of the current Memorandum of Understanding (MOU).

The parties hereby agree to the following modifications:

A. 457(b) Plan:

B. 401(a) Plan:

• Mandatory employee contributions – Effective the pay period starting August 04, 2024, change from $150 to $200 per pay period:

o Base salary— Every pay period, a mandatory contribution of $ 200.00 will be deducted from each employee’s base salary and contributed to the employee’s 401(a) account.

o Final leave balances

Upon termination of City employment, an employee’s eligible final leave balances, as defined by this MOU, will be contributed to the employee’s 401(a) account.

Contributions to the 401(a) Plan are subject to annual limits under the tax laws. If any leave amounts described above cannot be contributed to the employee’s 401(a) Plan account due to these tax limits the employee may elect to receive the uncontributed a mounts in the form of cash, 457(b) contributions (subject to tax limits), or a combination of both.

• Under no circumstance will any employee be permitted to elect to receive cash (or other benefit) in lieu of 401(a) contributions made under the above

• For avoidance of doubt, the final leave balance available for 401(a) contribution under this MOU provision will be determined after (i) any employee election to convert sick time to CalPERS service credit, (ii) application of any MOU provision reducing the leave balance available at termination, including Section 12.14 (providing for payment of 25%/50% of

unused sick leave upon termination), and (iii) any other MOU provision affecting the calculation of leave balances upon termination.

The following highlights the tax laws relevant to the above MOU provisions mandating mandatory contributions of unused leave balances to employees’ 401(a) accounts:

• Contributions deposited into employees’ 401(a) accounts are nontaxable and exempt from Medicare taxes.

• Participants may transfer these funds —including any allocable investment earnings —from their 401(a) accounts to Individual Retirement Accounts (IRAs) or other eligible employer retirement plans without incurring taxes.

• While contributions to the 401(a) plan are nontaxable at deposit, withdrawals —including any allocable investment earnings—are taxable as income. If a participant is under age 59½ when the withdrawal occurs, the amount withdrawn is subject to a federal 10% early withdrawal penalty and possible state early withdrawal penalties unless the participant was age 50 or older for safety employees, 55 or older for non-safety when their City employment ended, is disabled, or qualifies for other specific exceptions.

• Tax laws generally prohibit voluntary contributions to 401(a) plans. To comply with these laws while allowing employees to benefit from significant tax advantages, the MOU mandates these contributions.

• Please note that these descriptions are based on current tax laws, which are subject to potential changes.

All other terms and conditions of the current MOU remain in full force and effect.

This Side Letter Agreement shall be effective upon ratification by CCPMA membership and approval by the City Council.

Agreed to this 16th day of July 2024

For the City of Cathedral City: For CCPMA:

_____________________________ _____________________________ Charles P . McClendon, City Manager Jon Enos, CCPMA President Charles McClendon (Jul 16, 2024 13:54 PDT)

CCPMA 401a and 457 Side Letter

07.2024_Increase
Final Audit Report 2024-07-17
Created: 2024-07-16
By: Eugenia Torres ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAoYtdCNwI7lKpQ1OAqH-fblO5-1-shYE7 "CCPMA 401a and 457 Side Letter 07.2024_Increase" History Document created by Eugenia Torres ([email protected]) 2024-07-16 - 8:22:56 PM GMT
Document emailed to Charles McClendon ([email protected]) for signature 2024-07-16 - 8:23:36 PM GMT
Email viewed by Charles McClendon ([email protected]) 2024-07-16 - 8:34:42 PM GMT
Document e-signed by Charles McClendon ([email protected]) Signature Date: 2024-07-16 - 8:54:29 PM GMT - Time Source: server Document emailed to Jon Enos ([email protected]) for signature 2024-07-16 - 8:54:31 PM GMT
Email viewed by Jon Enos ([email protected])
2024-07-17 - 3:54:22 PM GMT
Document e-signed by Jon Enos ([email protected]) Signature Date: 2024-07-17 - 4:47:32 PM GMT - Time Source: server Agreement completed.
2024-07-17 - 4:47:32 PM GMT

SIDE LETTER AGREEMENT
Between the City of Cathedral City and
Cathedral City Professional Fire Association (CCPFA)

Deferred Compensation and 401(a) Plan

This Side Letter Agreement is entered into by and between the City of Cathedral City (City) and the Cathedral City Professional Fire Association (CCPFA) to modify the provisions related to Deferred Compensation and 401(a) Plan as outlined in Section 18.4 of the current Memorandum of Understanding (MOU).

The parties hereby agree to the following modifications:

A. 457(b) Plan:

B. 401(a) Plan:

• Mandatory employee contributions:

o Regular Rate of Pay and Overtime— Every pay period, a mandatory contribution of 1% will be deducted from each employee’s regular rate of pay and eligible overtime earnings. This combined amount will be contributed to the employee’s 401(a) account.

o Final leave balances

Upon terminatio n of City employment, an employee’s eligible final leave balances, as defined by this MOU, will be contributed to the employee’s 401(a) account.

▪ Under no circumstance will any employee be permitted to elect to receive cash (or other benefit) in lieu of 401(a) contributions made under the above.

▪ For avoidance of doubt, the final leave balance available for 401(a) contribution under this MOU provision will be determined after (i) any employee election to convert sick time to CalPERS service credit, (ii) application of any MOU provision reducing the leave balance available at termination, including Section 13.9 (providing for payment of 25%/50% of unused sick leave upon termination), and (iii) any other MOU provision affecting the calculation of leave balances upon termination.

• Optional employee contributions (base salary):

o Each employee may elect to contribute an additional 1–19% of their regular rate of pay and overtime to their 401(a) account. Employees must make this election no later than 60 days after their hire date. Once the deadline established by the City for an employee’s election has passed, the employee cannot change their decision. The time and manner of an employee’s election will be established by the City in its sole discretion, as necessary to qualify the contributions for nontaxable treatment. Contributions under this paragraph will be deducted from regular rate of pay and overtime each pay period.

All other terms and conditions of the current MOU remain in full force and effect.

This Side Letter Agreement shall be effective upon ratification by CCPFA membership and approval by the City Council.

Agreed to this 22nd day of July 2024.

For the City of Cathedral City: For CCPFA:

_____________________________ _____________________________ Charles P . McClendon, City Manager Corey Goddard, CCPFA President Charles McClendon (Jul 22, 2024 16:27 PDT)
Corey Goddard (Jul 23, 2024 09:18 PDT)

CCPFA 401a and 457 Side Letter 07.2024
Final(Rev. 07.22.24)
Final Audit Report 2024-07-23
Created: 2024-07-22
By: Eugenia Torres ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAuLoxY53L8DLzgTSlj0qzgUSs--MzZn1F "CCPFA 401a and 457 Side Letter 07.2024 Final(Rev. 07.22.24) " History
Document created by Eugenia Torres ([email protected]) 2024-07-22 - 10:35:25 PM GMT
Document emailed to Charles McClendon ([email protected]) for signature 2024-07-22 - 10:36:07 PM GMT
Email viewed by Charles McClendon ([email protected]) 2024-07-22 - 11:17:57 PM GMT
Document e-signed by Charles McClendon ([email protected]) Signature Date: 2024-07-22 - 11:27:03 PM GMT - Time Source: server Document emailed to Corey Goddard ([email protected]) for signature 2024-07-22 - 11:27:05 PM GMT
Email viewed by Corey Goddard ([email protected]) 2024-07-22 - 11:33:33 PM GMT
Document e-signed by Corey Goddard ([email protected]) Signature Date: 2024-07-23 - 4:18:49 PM GMT - Time Source: server Agreement completed.
2024-07-23 - 4:18:49 PM GMT

SIDE LETTER AGREEMENT
Between the City of Cathedral City and
Cathedral City Fire Management Association (CCFMA)

Deferred Compensation and 401(a) Plan

This Side Letter Agreement is entered into by and between the City of Cathedral City (City) and the Cathedral City Fire Management Association (CCFMA) to modify the provisions related to Deferred Compensation and 401(a) Plan as outlined in Section 17.2 of the current Memorandum of Understanding (MOU).

The parties hereby agree to the following modifications:

A. 457(b) Plan:

B. 401(a) Plan:

• Mandatory employee contributions:

o Final leave balances

Upon termination of City employment, an employee’s eligible final leave balances, as defined by this MOU, will be contributed to the employee’s 401(a) account.

Contributions to the 401(a) Plan are subject to annual limits under the tax laws. If any leave amounts described above cannot be contributed to the employee’s 401(a) Plan account due to these tax limits the employee may el ect to receive the uncontributed amounts in the form of cash, 457(b) contributions (subject to tax limits), or a combination of both.

▪ Under no circumstance will any employee be permitted to elect to receive cash (or other benefit) in lieu of 401(a) contri butions made under the above.

▪ For avoidance of doubt, the final leave balance available for 401(a) contribution under this MOU provision will be determined after (i) any employee election to convert sick time to CalPERS service credit, (ii) application of any MOU provision reducing the leave balance available at termination, including Section 12.11 (providing for payment of 25%/50% of unused sick leave upon termination), and (iii) any other MOU provision affecting the calculation of leave balances upon termination.

• Optional employee contributions (base salary):

All other terms and conditions of the current MOU remain in full force and effect.

This Side Letter Agreement shall be effective upon ratification by CCFMA membership and approval by the City Council.

Agreed to this 22nd day of July 2024.

For the City of Cathedral City: For CCFMA:

_____________________________ _____________________________ Charles P . McClendon, City Manager Corey Goddard, CCFMA President Charles McClendon (Jul 22, 2024 16:26 PDT)
Corey Goddard (Jul 23, 2024 09:19 PDT)

CCFMA 401a and 457 Side Letter 07.2024
Final(Rev. 07.22.24)
Final Audit Report 2024-07-23
Created: 2024-07-22
By: Eugenia Torres ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAyO4uDEXVfCMaN2PdGiGgeIx9_VAjGVdL "CCFMA 401a and 457 Side Letter 07.2024 Final(Rev. 07.22.24) " History
Document created by Eugenia Torres ([email protected]) 2024-07-22 - 10:42:15 PM GMT
Document emailed to Charles McClendon ([email protected]) for signature 2024-07-22 - 10:49:33 PM GMT
Email viewed by Charles McClendon ([email protected]) 2024-07-22 - 11:17:57 PM GMT
Document e-signed by Charles McClendon ([email protected]) Signature Date: 2024-07-22 - 11:26:35 PM GMT - Time Source: server Document emailed to Corey Goddard ([email protected]) for signature 2024-07-22 - 11:26:37 PM GMT
Email viewed by Corey Goddard ([email protected]) 2024-07-22 - 11:33:29 PM GMT
Document e-signed by Corey Goddard ([email protected]) Signature Date: 2024-07-23 - 4:19:35 PM GMT - Time Source: server Agreement completed.
2024-07-23 - 4:19:35 PM GMT

Staff Report
City Council
Item No. 3.G
Meeting Date: July 24, 2024
From: John A. Corella, Director of Public Works
Title: Yoga Classes in the Cathedral City Community Amphitheater - 2025 funded by the Parks and Community Events Commission Small Events Budget
RECOMMENDATION:

To approve $3,200 of funding support from the Parks and Community Events budget for the Parks and Community Events Commission’s Yoga Classes in the Cathedral City Community Amphitheater – 2025 event.

BACKGROUND:

The Parks and Community Events Commission (PACE) continues to provide opportunities to engage the community and provide awareness of the park resources available here in the city. As part of PACE’s charge, PACE is active in volunteering and supporting community events and related functions.

Included in the approved Fiscal Year 2024-2025 budget, PACE is allocated $10,000 per year to be able to fund all, or portions of events at parks within the city. This may include services and/or materials, or a combination thereof, related to the event to assist in the event’s success. All events initiated to receive funding from the PACE budget are first vetted by the PACE and upon their favorable recommendation, these events are then brought before the City Council for approval for funding.

The past three (3) fiscal years, the City Council has approved the necessary budget for materials and the instructor for the Yoga Classes in the Amphitheater. The two free weekly yoga classes were held on Tuesday’s at 8:30am and 10:00am from January through March.

These yoga classes have been extremely well received by the community with an average of 50 to over 100 people or more in attendance on varying dates. PACE continues to receive many accolades for coordinating the event and requests that the Yoga in the Park event be continued this next fiscal year.

DISCUSSION:

The Yoga in the Park event is extremely well attended, so well in fact, that two years past an additional Power Yoga class was added after the first Gentle Yoga class concludes. These back-to-back sessions are again proposed to return with Gentle Yoga serving the less experienced individuals, followed by Power Yoga serving the more experienced individuals.

Enthusiastic yoga participants participate in both.

At the June 4, 2024, PACE meeting, consideration for continuing the two weekly yoga classes at the Amphitheater was presented and submitted by PACE Vice Chair Baciu. These free weekly Gentle and Power Yoga classes will be held on Tuesdays at 8:30 - 9:30 a.m. and 10:00 - 11:00 a.m., respectively, within the Amphitheater from January 21 through March 25 of 2025. This will make a total of 20 classes for the 10 weeks.

Returning will be Gentle Yoga class paid professional instructor Nicole Cuhney and Power Yoga class paid professional instructor Patti Wexler. Both are well-known yoga instructors in the valley. Volunteers, including PACE Vice Chair Antonio Baciu and other PACE commissioners will monitor the classes, hand out mats and clean up after each class. PACE and yoga participants alike, affirm that the classes continue to promote the Amphitheater’s beautiful park setting.

PACE’s requested funding for the classes is listed as follows:
•$2,800 for 20 Instructor Classes at $140 each class.
•$300 for incidentals to put on at the event.
•$100 for videoing the event.

Total Requested Yoga budget: $3,200
NOTE: Past funding for the classes paid for the wireless headset used by instructors and extra mats and blocks for participants that do not have their own. These all will continue to be reused for these classes.

This PACE meeting item was recommended at the June 4, 2024, meeting, supporting the proposal and the respective requested budget of $3,200 in funding from the PACE Events budget. The recommendation also included this item be forwarded to the City Council for approval.

The June 4, 2024, PACE Staff Report for the yoga classes are attached to this staff report.

Overall, PACE is requesting that the City Council approve $3,200 of funding support from the Parks and Community Events budget for the Parks and Community Events Commission’s Yoga Classes in the Cathedral City Community Amphitheater – 2025 event.

FISCAL IMPACT:

Yoga Classes funding of $3,200 will be funded from the available $10,000 PACE Events budget to be apportioned out of the FY 2024-2025 Parks – PACE Community Events account 100-500-510-511-8200-8201, project M03511-OPS-PARKS-M&S.

Total PACE Budget:

PACE FY 24-25 Budget $10,000
Yoga Program $3,200
Remaining Budget $6,800
FIVE-YEAR STRATEGIC PLAN:

GOAL F: EMBRACING, INCLUSIVE CITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options, and vibrant businesses. Our neighborhoods are attractive and well-maintained and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.

Action F-6: Promote additional community events and celebrations.

ATTACHMENTS:

1.PACE Staff Report – Yoga Classes
Staff Report
Parks and Community Events Commission
Item No. 3.G
Meeting Date: June 4, 2024
Sponsors: Antonio Baciu
Title: Recommend approval to the City Council to continue Tuesday Yoga Classes in the Cathedral City Community Amphitheater from January 21, 2025, to March 25, 2025, allocating $3,200 from the Small Events Budget.

RECOMMENDATION:

For the Parks and Community Events Commission (PACE) to recommend approval to the City Council to continue Tuesday Yoga Classes in the Cathedral City Community Amphitheater from January 21, 2025, to March 25, 2025, allocating $3,200 from the Small Events Budget.

BACKGROUND:

The Parks and Community Events Commission (PACE) is continually looking for opportunities to support efforts to engage the community and provide awareness of the park resources available here in the city. As part of their charge, the PACE is active in volunteering and supporting community events and related functions.

As part of the Fiscal Year 2024-2025 budget process, PACE was allocated $10,000 per year to be able to fund all or portions of small events at parks within the City. This may include services and/or materials, or a combination thereof. Any events initiated to receive this funding would be first vetted by PACE and once PACE completed a favorable recommendation, the event would be brought before the City Council for funding approval. This may include the approval of a Special Use Permit (SUP).

For the past three (3) fiscal years, City Council approved Special Use Permits (SUPs) for Yoga Classes in the Cathedral City Community Amphitheater and budgeted funding for materials and instructors. The two free weekly yoga classes were held on Tuesdays, from 8:30 – 9:30 a.m. and 10:00 – 11:00 a.m., respectively, from January through March.

These yoga classes were extremely well received by the community with an average of 50 to 100 people or more in attendance on varying dates. PACE received many accolades for coordinating the event and requested that Yoga in the Park be continued this next fiscal year.

DISCUSSION:

As cited above, the Yoga in the Park event was extremely well attended, so well attended that it is proposed to again, have two sessions back-to-back each week. One class is Gentle Yoga and a second class for Power Yoga. The Gentle Yoga class will serve the people who aren't at the power yoga level. This will make a total of 20 classes.

The proposed schedule and budget for Yoga in the Park for 2025 is as follows:

Event to run: Tuesday January 21, 2025, through Tuesday March 25, 2025. Two (2) classes:
8:30 - 9:30 a.m.: Gentle Yoga instructed by Nicole Cuhney 10:00 - 11:00 a.m.: Power Yoga instructed by Patti Wexler

The Proposed Budget: $3,200
$2,800 for the instructor’s 20 classes at $140 each class. oAgree to 24-hour notice of cancellation or the instructors still get paid for the event.
$ 300 for incidentals to put on the event.
$ 100 for videoing the event.

Thus, the total Yoga budget = $3,200
PACE FY 24-25 Budget $10,000
Yoga $ 3,200
Remaining Budget $ 6,800

It is recommended PACE get a head start on this item and approve the above budget with a recommendation for this to move forward for City Council approval of the allocation from the PACE Small Events budget and SUP approval, respectively.

If approved by the PACE tonight, the PACE Chairperson PACE will need to complete a Special Use Permit Application for the use of the Cathedral City Community Amphitheater. The PACE recommendation will then be placed on the City Council’s July 24, 2024 agenda for approval.

FUNDING SOURCE:

This requested event funding of $3,200 will be funded from the PACE Small Events budget apportioned out of the FY 2024-2025 Parks and Recreation Professional and Technical Services budget item 100-500-510-511-8600-8601, project M03511.

ATTACHMENTS:

None.

Staff Report
City Council
Item No. 3.H
Meeting Date: July 24, 2024
From: John A. Corella, Director of Public Works
Title: Approval of the Parks and Community Events Commission Support of the Panorama Dog Park Howl-O-Ween Dog Costume Event - 2024.

RECOMMENDATION:

To approve $100 from the 2024-2025 Parks and Community Events Commission small events budget to support the Panorama Dog Park Howl-O-Ween dog costume event – 2024.

BACKGROUND:

The Parks and Community Events Commission (PACE) continues to provide opportunities to engage the community and provide awareness of the park resources available here in the city. As part of PACE’s charge, PACE is active in initiating, volunteering and supporting community events and related functions.

Included in the approved Fiscal Year 2024-2025 budget, PACE is allocated $10,000 per year to be able to fund all, or portions thereof, small events at parks within the City. This may include services and/or materials, or a combination thereof, related to the event to assist in the event’s success. All events initiated to receive funding from this budget item are first vetted by the PACE and upon PACE’s favorable recommendation, these events are then. brought before the City Council for approval for the funding.

Inaugural PACE Howl-O-Ween Dog Costume Event 2023
The inaugural dog costume event put on by PACE at the Panorama Dog Park in October 2023 was attended by over 100 people and brought together community members for a fun- filled gathering. On that day, dog owners dressed up their canines in Halloween costumes and had their dog participate in the costume contests.

DISCUSSION:

At the May 7, 2024, PACE meeting, consideration for the Panorama Dog Park Howl-O-Ween Dog Costume Event – 2024 was presented by PACE Vice-Chair Baciu. This proposed event will be held on Saturday October 26, 2024 (the Saturday the park reopens after the reseeding process). The event will be from 9:00 a.m. to 10:30 a.m. at Panorama Dog Park, with dogs big and small welcome. The event is free for all who want to participate.

The event’s showcase will be the costume contest for those who want to participate with prizes given out for 1st, 2nd, and 3rd place in the big or small dog category, respectively.

Additionally, there will be a new costume contest “Best Combination Costume” between the owner and dog with prizes given out for the 1st place small dog combination and 1st place big dog combination. PACE has successfully secured prizes for each category and has a sponsorship for refreshments as well.

At the May 7th, 2024, PACE Meeting, the Commissioners approved a recommended budget of $100 for the Panorama Dog Park Howl-O-Ween Dog Costume Event – 2024, which will cover miscellaneous costs associated with hosting the event. PACE is requesting that the City Council approve the funding request of $100 from the PACE small events budget for incidentals.

FISCAL IMPACT:

The 2nd Annual PACE Howl-O-Ween Dog Costume Contest funding of $100 will be funded from the available PACE small events budget:

FY 2024-2025 Parks – PACE Community Events account 100-500-510-511-8200-8201, project M03511-OPS-PARKS-M&S.

Total PACE Budget:

PACE FY 24-25 Budget $10,000
Yoga Program $3,200
Panorama Dog Park Howl-O-Ween Dog
Costume Event – 2024 $100
Remaining Budget $6,700
FIVE-YEAR STRATEGIC PLAN:

Action F-6: Promote additional community events and celebrations.

ATTACHMENTS:

1. PACE Staff Report - Halloween Dog Costume Contest
Staff Report
Parks and Community Events Commission
Item No. 3.H
Meeting Date: May 7, 2024
Sponsors: Antonio Baciu
Title: Halloween Dog Costume Event at the Panorama Dog Park October 2024
RECOMMENDATION:

For the Parks and Community Events Commission (PACE) to recommend approval to the City Council for $100 from the PACE Small Events Budget in support of the Halloween Dog Costume Event at the Panorama Dog Park on October 26, 2024.

BACKGROUND:

Commissioner Antonio Baciu is requesting that the Parks and Community Events Commission (PACE) support the 2nd Annual Howl-O-Ween Dog Costume Event at Panorama Dog Park 2024. The inaugural event hosted in October of 2023 was attended by 104 people. The Howl-O-Ween event encourages participants to dress up their canine and themselves in a festive or scary Halloween costume and compete for prizes. This event showcases the dogs and showcases the Panorama Dog Park.

The particulars of the event are as follows:

Event Date: Saturday, October 26, 2024
Time: 9:00 am to 10:30 am
Location: Panorama Dog Park
Budget: $100.00 to cover miscellaneous costs associated with hosting the event.

Categories and Prizes:

Prizes will be provided via donations received from local vendors.

Prize categories will be as follows:
•Small Dogs: 1st, 2nd and 3rd place winners.
•Large Dogs: 1st, 2nd and 3rd place winners.

A new added category this year: “Best Combination Costume” featuring owner and dog:
•Small Dogs: 1 prize winner.
•Large Dogs: 1 prize winner.

Commissioner Baciu is requesting that the PACE consider this item and, if supported, vote to recommend the approval of the 2nd Annual Halloween Dog Costume Event 2024 at Panorama Dog Park and the respective budget. If approved, staff would schedule the funding portion of this item to be presented to the City Council for final approval.

FUNDING SOURCE:

This requested event funding of $100.00 will be funded from the PACE Small Events budget apportioned out of the FY 2024-2025 Parks and Recreation Professional and Technical Services budget item 100-500-510-511-8600-8601.

ATTACHMENTS:

None.

Staff Report
City Council
Item No. 3.I
Meeting Date: July 24, 2024
From: John A. Corella, Director of Public Works
Title: Amended Tract 31774 Campanile: Approval of Assignment and Assumption Agreement and Amendment to Subdivision Agreement, with GID Campanile, LLC (Assignor) and WH Campanile 141, LLC (Assignee).

RECOMMENDATION:

To approve the Assignment and Assumption Agreement and Amendment to Subdivision Agreement for Amended Tract 31774, Campanile, between GID Campanile, LLC (Assignor), and WH Campanile 141, LLC (Assignee); and authorize the execution of the agreement and amendment by the City Manager and City Clerk.

BACKGROUND:

Tentative Tract 31774 (Campanile) was originally approved by the City Council in March, 2005 for the development of a Planned Unit Development of 285 residential units, located on the north side of Ramon Road, west of Da Vall Drive. A vicinity map is attached to this staff report.

The original subdivider, Ramon Santoro Group, LLC, built 144 units and most of the interior private streets and infrastructure, as well as improving the frontage streets of Ramon Road and McCallum Way. The remaining 141 vacant lots were sold to GID Campanile, LLC (GID) in 2009. As part of that sale, the remaining improvement obligations of the original subdivision improvement agreement were assumed by GID. No further homes were developed, however, and the vacant lots were sold again by GID to WH Campanile 141, LLC (Williams Homes (WH)) in 2021. WH has since developed and is under construction on 55 of these lots.

DISCUSSION:

As part of its purchase agreement, WH took over the remaining subdivision agreement obligations from GID. An assignment and assumption agreement and amendment to the existing subdivision agreement with GID Campanile has been prepared for this purpose. Both GID and WH have executed the aforementioned documents for Council approval.

The terms of this document require that WH complete all the remaining private improvements within Campanile, including the completion of the paving of the private streets, improvement of the common areas, and completion of the tract’s final monumentation, in accordance with a schedule outlined in Exhibit C to the agreement. Exhibit C requires the completion of these improvements prior to the final building inspections and occupancy permits being issued. It also requires the installation of streetlights along Ramon Road and McCallum Way. The improvements outlined are required to be completed by August 31, 2025. Completion of the streetlights is guaranteed by a $33,480 surety bond posted by WH.

Cash deposits of $45,000 to guarantee final setting of all survey monuments in the tract and $30,000 for PM-10 dust control have been paid by WH. Upon approval of this agreement all present securities and deposits posted by GID will be released and GID will be released from its previous subdivision agreement obligations.

A copy of the executed assignment and assumption agreement and amendment is attached.

Environmental Summary:

Tentative Tract 31774 was originally reviewed and received approval of a Mitigated Negative Declaration in March, 2005. Since the original approval of this map, there have been no substantial changes to the overall project, no new significant environmental effects, no substantial increase in the severity of any previously identified impacts, and no new information of substantial importance which would modify the conclusions reached in the original negative declarations.

FISCAL IMPACT:

N/A
FIVE-YEAR STRATEGIC PLAN:

GOAL C: FISCAL STABILITY AND SUSTAINABILITY
Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

ATTACHMENTS:

1. Vicinity Map

2. Tract 31774 Assignment and Assumption Agreement and Amendment

3. Map of Amended Tract 31774

Staff Report
City Council
Item No. 3.J
Meeting Date: July 24, 2024
From: John A. Corella - Director of Public Works
Title: Professional Consulting Services Agreement with TAMJAC LLC. for Community Development Grant Support Services.

RECOMMENDATION:

To approve a one-year professional consulting services agreement with provisions for two one-year extensions with TAMJAC LLC., in the amount not-to-exceed $35,000 per year to provide Community Development Block Grant (CDBG) administrative support services for the CBDG program; and authorize the City Manager to execute the agreement.

BACKGROUND:

The Community Development Block Grant (CDBG) Program awarded by the U.S.

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

As an entitlement city, Cathedral City receives annual entitlement funds to address the priority needs of the community. This program requires weekly coordination between HUD, the City, and any subrecipients receiving CDBG funding from the City in order to meet the goals and needs described in the CDBG Annual Action Plan (AAP). This includes managing the CDBG program details in the integrated disbursement and information system (IDIS), evaluating environmental impacts associated with the programs and projects in the AAP, preparing the consolidated annual performance and evaluation report (CAPER), and coordinating and compiling specific reports and assessments at specified intervals required by the HUD in order to maintain the City’s entitlement status.

In October 2021, the City Council approved an agreement with The Ramsay Group (TRG) to assist city staff with the administration of the CDBG Program, comply with the program requirements and maintain the City’s entitlement status to receive funds from the program.

In November 2022, the agreement was extended for one year with provisions for two one- year extensions, and in November 2023, city staff exercised the extension provision for one additional year for TRG support services.

In March 2024, the City received two letters with liens filed from creditor groups stating that all funds owed to TRG must be paid to the creditors. City staff worked with the City Attorney’s office to determine that the creditor groups were entitled to the funds. Funds owed to TRG have been sent to the creditors and since then, TRG has not performed additional work to assist the city with the CDBG Program.

On July 8, 2024, a notice of termination was sent to TRG as prescribed on Section 19 of the agreement for professional consulting services.

DISCUSSION:

In order to assist staff with the requirements and deadlines of the CDBG Program, staff solicited proposals from qualified professional consulting firms providing CDBG administration services through an informal solicitation process.

The City contacted the following four (4) qualified professional consulting firms providing CDBG administration services and sent a request for proposal (RFP):
Dudek La Quinta, CA Michael Baker International Palm Desert, CA MDG Associates Rancho Cucamonga, CA Tamjac Harlingen, TX The RFP outlined that proposals must be received no later than June 24, 2024, ten (10) days from initial contact.

On June 24, 2024, the City received two proposals from Dudek and Tamjac. Staff reached out to the two other consulting firms (who were sent RFPs directly and did not provide the City with any proposal) for feedback on why they had not submitted a proposal. Both firms replied with the same general feedback that with their current staffing capacity, they would be unable to service the City adequately.

After evaluating the two proposals, Staff recommends the City Council award a contract to Tamjac LLC., based on the following:
Over 25 years of experience in administering over $2 million dollars in federal funds on an annual basis, specifically the CDBG and HOME programs. oExperience as Community Development Director for City of Harlingen and providing consulting services to entitlement communities Extensive knowledge of HUD rules and regulations, particularly the Code of Federal Regulations.
Successfully submitted over 30 AAPs and CAPERs along with all required reporting requirements.
Strong knowledge of the IDIS, environmental review records, and community planning.
Tammy Jackson, owner of Tamjac, was an independent contractor for TRG. Tammy helped prepare the City’s AAP and provided CDBG administration in FY 2022-2023.

Tamjac LLC., provided hourly rates for services at fair and reasonable prices. The proposed hourly rate of $85 per hour is consistent with what other agencies have agreed upon for similar services.

The City’s CAPER is due by September 28, 2024, and Tamjac is qualified and has the capacity of assisting staff and providing these services within the time required.

Staff are requesting the City Council approve a one-year professional consulting services agreement with provisions for two one-year extensions with TAMJAC LLC., in the amount not-to-exceed $35,000 per year to provide Community Development Block Grant (CDBG) administrative support services for the CBDG program; and authorize the City Manager to execute the agreement.

FISCAL IMPACT:

Funding for the agreement will be provided under the FY 2024-2025 CDBG program administrative allowance of $106,628.

FISCAL

YEAR DESCRIPTION

GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE AMOUNT ONE TIME or

ONGOING
2024-2025 CDBG Support
Services
251-100-150-
156-8600-8601 G08913 $35,000 ONE TIME
2024-2025 Total $35,000
FIVE-YEAR STRATEGIC PLAN:

Goal A: Serve the Community with Pride and Dedication.

Action A-1: To reallocate staff resources including the use of contracts.

ATTACHMENTS:

1. TAMJAC LLC. Proposal.

2. Professional Services Agreement - TAMJAC LLC.
- 1 -

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY
AND
TAMJAC LLC.

This Agreement for Professional Consulting Services (“Agreement”) is entered into as of July 24, 2024, (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and TAMJAC LLC., a consulting firm located in Harlingen, Texas, (“Consultant”). City and Consult ant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

B. Consultant, 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. Consultant was selected by the City on the basis of Consultant’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 Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the se lection of Consultant for performance of those services defined and described particula rly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other c onsideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.
a) Subject to the provisions of Secti on 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for twelve months commencing on the Effective Date with an option to extend the Agreement for two additional one-year terms. - 2 -

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Consultant agrees to perform the services set forth in Exhibit “A” “Scope of Work” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in the individual Task Order . Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretio n, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be co mpensated for any work rende red 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 writin g in accordance with Section 25 “Administration and Implementation” or Sectio n 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION A ND METHOD OF PAYMENT. a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the hourly rates specified in Exhibit “B” and made a part of this Agreement by this reference. The total compens ation, including reimbursement for actual expenses, shall not exceed Thirty-Five Thousand Dolla rs per year ($35,000/year) , unless additional compensation is approved in writing in ac cordance Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such work is authorized, such additional work shall be deemed to be part of the services. b) Each month Consultant shall furnish to Cit y a separate, original invoice for all work performed and expenses incurred during the preceding month. The invoices shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor Pr ofessional contracts. S ub-contractor Professional invoices shall be detailed in the same m anner as Consultant invoice. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set fort h in subsection (c). In the event any charges or expenses are disput ed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
c) Except as to any charges for work per formed or expenses incurred by Consultant which are disputed by City, Cit y will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. - 3 -

d) Payment to Consultant for work perform ed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or w hen completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’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 Consultant’s work by City shall not constitute a waiver of any of t he provisions of this Agreement including, but not limited to, Section 15 “Indem nification” and Section 16 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
a) All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, co mputer files, files and other do cuments prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
a) If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photogr aphs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing t he Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. CO NSULTANT'S BOOKS AND RECORDS.
a) Consultant shall maintain any and a ll documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, v ouchers, canceled checks, or other documents or records evidencing or relating to wo rk, 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 pe rmit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) y ears from the date of execution of this - 4 -

Agreement and to the extent r equired 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 inspec tion, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be m ade available at Consultant’s address indicated for receipt of notices in this Agreement.
c) Where City has reason to be lieve 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 Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, offici als, employees or agents of City, shall have control over the conduct of Consultant or any of Cons ultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consult ant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirem ent, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE ; FAMILIARITY WITH WORK. a) Consultant 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 pr ofessional manner. Cons ultant shall at all times faithfully, competently and to the best of its ability, exper ience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under th is Agreement, and shall - 5 -

use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specif ic standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or perf ormance criteria, the specific standard or criteria shall prevail over the general.
b) Consultant 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 restri ctions attending performance of the work under this Agreement.

SECTION 10. COMPLIANCE WITH APPL ICABLE LAWS; PERMITS AND LICENSES.

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

SECTION 11. PREVAILING WAGE LAWS.

It is the understanding of City and Consultant 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 rate s pursuant to the Ca lifornia Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair of work performed on public buildings, facilities, streets or sewers done under contract and paid 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.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, anc estry, sex, age, physi cal handicap, medical condition or marital status in connection wi th or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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) Consultant covenants that nei ther it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indi rectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employ ed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of in terest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. b) City may determine that Consultant must disclose its financial interests by completing and filing a Fair Political Pr actices Commission Form 700, Statement of Economic Interests. If such a determination is made, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. c) City understands and acknowledges that Consultant 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. Consult ant 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 Consultant 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 Consultant in performance of this Agreement shall be considered confidenti al, unless such information is in the public domain or already known to C onsultant. Consultant 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) Consultant, its officers , employees, agents or subcont ractors, 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 or der shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. - 7 -

c) If Consultant, or any offi cer, employee, agent or su bcontractor of Consultant, provides any information or work product in vi olation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a resu lt of Consultant’s conduct.
d) Consultant shall promptly notify City should Consultan t, its officers, employees, agents or subcontractors be served with any su mmons, complaint, subpoena, notice of deposition, request for document s, 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 Consultant or be present at any deposition, hearing or sim ilar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
a) Indemnification Consultant. As prov ided under Civil Code Section 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnifi ed Parties”) from and against any and all claims. actions and proceedings (whether at la w or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. b) Indemnification from Subcontractors. Consultant 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 Consultant in t he performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Cons ultant 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 Consultant and shall survive the termination of this Agreement or this section.
c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City - 8 -

from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualif ications and capability of the persons and entities who will fulfill the duties and obligations impos ed upon Consultant under this Agreement. In recognition of th at interest, Consultant shall not assign or transfer this Agreement or any portion of th is Agreement or the performanc e of any of Consultant’s duties or obligations under this Agreement without t he prior written cons ent of the City.

Any attempted assignment shall be ineffect ive, 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 Se ction 19 “Termination of Agreement.” City acknowledge s, however, that Consultan t, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.
a) Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subc ontractors, if any, assigned to perform the Services. Consultant sha ll notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform t he 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 Cons ultant. In the ev ent such notice is given, Consultant shall cease immediately all work in progress. b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
c) If either Consultant or City fail to perform any mate rial obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. - 9 -

d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.

Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice s hall 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 Consultant is in default under the terms of th is Agreement, the City shall not have any obligation or duty to co ntinue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumpt ively thirty (30) days, but may be extended, though not reduc ed, if circumstances warran t. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the def ault, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’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.

Consultant 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 Consultant. 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, record s, and maps as are existing and available to City as public records, and which are nece ssary for carrying out the Services shall be furnished to Consultant 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, addressed as follows:

- 10 -

To City: City of Cathedral City
Attn: Charlie P. McClendon
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Consultant: TAMJAC LLC.

Attn: Tammy Jackson
21091 FM 507
Harlingen, TX 78550

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

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agr eement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant 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 representative. The City M anager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 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 Consultant and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if th e total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Muni cipal Code. All other am endments 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.

Waiver by any Party to this Agreement of any term, condi tion, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver - 11 -

by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provisio n nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Cit y of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, cons trued 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 exclusiv ely 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 ot her 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 Exhi bits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with resp ect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant 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 inva lid, 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 Ag reement. Any use of electroni c signatures to execute this Agreement shall comply with the City’s El ectronic 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, a nd Contractor agrees to comply with the Electronic Signature Us e 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. - 12 -

SECTION 35. CONFLICTING TERMS.

Except as otherwise stated her ein, 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 exec uted this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY TAMJAC LLC.
__________________________ _______________ ____________ Charles P. McClendon Tammy Jackson
City Manager Owner
ATTEST: ___________________________

___________________________
Tracey R. Hermosillo, CMC
City Clerk

APPROVED AS TO FORM

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

APPROPRIATE ATTESTATIONS SHA LL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, AR TICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’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 the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

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

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

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

Signer is representing:

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

Signer(s) Other Than Named Above

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

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-1
EXHIBIT "A"

SCOPE OF SERVICES

June 20, 2024

Engineering Department
c/o Andrew Lee
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

RE: Request for Proposals
CDBG Support Services

Dear Andrew,
It is with immense pleasure that I provide my re sponse to your Request for Proposals seeking qualiﬁed individuals to provide CDBG Support Services to the City of Cathedral City.

It is my intent, with this proposal, to provide the City of Cathedral City with a higher level of personal service than you may have experienced in the past. I propose to do this by being the single point of contact and by providing consistency in knowledgeable expertise in the implementation of your Community Development Block Program.

It is my objective as an independent contractor to provide professional, experienced, knowledgeable services and technical assistance through responsive and interactive relationships with residents, businesses, gove rnment oﬃcials and city staﬀ; and provide consistency to adhere to established programmatic schedules.

As stated in Section VI of the RFP, I provide the following information to Cathedral City for possible inclusion in the Agreement. The Agreement appears to contain the required provisions pertaining to the CDBG program with the exc eption of the provision s of 2 CFR 180.220 regarding Debarment and Suspension.

As per the Scope of Services, this is not a retainer type contract and work will be assigned and completed. As I am sure you are aware, in administering the CDBG program there are many continual ordinary tasks such as maintenance of IDIS, maintaining data for reports, reviewing policies, research needed when drafting new policies, review of HUD ’s web page for CPD Notices, updates, training, attending webinars, etc. These are just a few of the ordinary tasks that are undertaken on a continual basis and can be quite time-consuming when performed properly. These proactive and ordinary tasks are instrumental for a successful CDBG program.

For your consideration, I have provided three cost proposals a s an option for Cathedral City . The first option is the hourly rate as requested in the RFP. The other two options have proven to be a cost savings to many communities while providing quality implementation of the CDBG program. The second option

TAMJAC, LLC
Tammy A. Jackson, Owner
Making a Difference
is a full retainer type contract with a monthly report of activities undertaken. With this type of contract, the contr actor is responsible to undertake th e tasks regardless of the number of hours that may be required to undertake the task. This is often a preference as b illing at an hourly rate can be quite costly whereas with a retainer, you get what you need, regardless of the hours that may be required for the consultant to perform the task as provided for in the executed agreement. A detailed invoice is provided each month with the tasks performed. The final option is a hybrid of a retainer contract and hourly rate.

A retainer is provided for the ordinary tasks and the other tasks are billed at an hourly rate. Each program is uniquely different therefore, there are many options available.

For the City of Cathedral City, it is my objective to be an independent contractor capable of providing experienced, knowledgeable and professional management services; be responsive and maintain excellent working relationships with residents, businesses, government oﬃcials and city staﬀ; and provide consistency to adhere to established programmatic schedules while meeting the needs of th e low to moderate income areas and residents. It is my intent to work with staﬀ to make an already great program even better being cognizant of the w ants, needs, and desires of the governing body while meeting the program requirements to protect the funds and ensure future federal allocations.

TAMJAC is knowledgeable of and has a proven track record of compliance with federal, state and local laws, and will incorporate the City of Cathedral City ’s Mun icipal Code in ensuring c ontinued program compliance.

Should you have any further questions or concerns, please feel free to contact me via phone at (956) 564- 0477 or via email at [email protected].

As a woman owned business, I thank you for the opportunity to submit this response to the RFP and I look forward to working with you and assisting in your eﬀorts to make a diﬀerence in your community.

Respectfully Submitted,

Tammy A. Jackson, Owner
TAMJAC, LLC.
1 TAMJAC, LLC

PROPOSAL TO PROVIDE CDBG SUPPORT SERVICES

CATHEDRAL CITY, CALIFORNIA

OVERVIEW

TAMJAC, LLC, through its owner, Tammy Jackson, is pleased to submit this proposal to provide CDBG support services to Cathedral City to help manage the City’s Community Development Block Grant Program. Ms. Jackson has over 25 years of experience in administering over $2 million dollars in federal funds on an annual basis, specifically the CDBG (24 CFR Part 570) and HOME (24 CFR Part 92) programs.

As a previous Community Development Director with a solid history of successful and impactful relationships with key stakeholders, TA MJAC possesses extensive knowledge and experience required in a dministering all aspects of the Community Development Block Grant program.

Ms. Jackson is also well versed of the Code of Federal Regulations, Title 24 Housing and Urban Development Part 91; and understands that the necessity of a successful completion of the Consolidated Plan and Annual Action Plan will result in millions of HUD federal funds that will increase affordable housing and economic development opportunities thus mitigating challenges such as, homelessness and lack of affordable housing for thousands of residents located in the Jurisdiction.

Ms. Jackson has successfully implemented HUD regulated planning documents to meet the requirements of the Code of Federal Regulations, Title 24 Part 570 and 91 to include development of the Consolidated Plan, Annual Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), Subrecipient Management and Oversight, Integrated Disbursement and Information System (IDIS) and HERO’s, HUD’s Environmental Review Online System, and compliance with the many applicable federal regulations such as Davis Bacon and related Acts, Federal Funding Accountability and Transparency Act, Affirmatively Furthering Fair Housing, Lead Base Paint, Buy American Build American, Debarment and Suspension, the provisions of 2 CFR 200, and many other applicable regulations that may be triggered.

TAMJAC, LLC has the required insurance provisions, is registered in SAM.gov with a Unique Entity ID, and possesses the knowledge, capacity, and ability to successfully undertake the provi sions as stated in the scope of services as provided in the RFP.

The Scope of S ervices
TAMJAC has thoroughly read the Request for Proposals and has the capacity to develop policies, procedures, documents, reports, and methods to ensure that Cathedral City has a successful CDBG program. The following tasks are necessary for proper implementation and administration of a CDBG program and differ slightly from the Scope of Services provided in the RFP.

• Re
view Citizen Participation Plan and recommend any changes to comply with 24 CFR 91.105. • Develop the FY 25-26 Annual Action Plan in accordance with the FY 22-26 Consolidated Plan and HUD requirements.
• Perform relevant consultations and data collection to complete the required HUD tables and the analysis of housing and non-housing needs.
2 • Prepare an Executive Summary for the Annual Action Plan. • Assist City Staff to assess the existing community needs as necessary to develop new strategies, goals, and priorities.
• Assist City Staff with development of new strategies, objectives, priorities and programs for inclusion in the Annual Action Plan.
• Develop and incorporate a performance measure component as required by HUD regulations. • Conduct consultations with private agencies, public agencies and community groups as required. • Arrange public meetings to solicit input in accordance with the City’s adopted Community Participation Plan for the Annual Action Plan.
• Complete other additional specific actions as required by HUD. • Assist the City in requesting and reviewing proposals for subrecipient CDBG funding. • Prepare reports and public hearing notices for citizen input on the allocation of annual funds and/or any changes in the CDBG allocation of funds.
• Preparation of subrecipient agreements.
• Applicable environmental review for HUD Environmental Review Online System (HEROS) compliance for CENST, CEST that can convert to Exempt, and Exempt activities. • IDIS –
o Enter and Annual Action Plan in IDIS and make any revisions necessary by HUD. o Upload and maintain projects/activities on the IDIS system . This includes IDIS set up of new activities and maintenance of activity status.
o Enter and maintain project and activity accomplishments. o Generate IDIS reports, review for accuracy, and make any necessary changes. o Fund activities as per City staff.
o Create and or review drawdown vouchers as requested.
o Perform IDIS clean up actions.
o Create program income receipts as directed by staff.
o Provide prescheduled technical assistance to staff.
• Administer subrecipient agreements including reviewing invoices for eligible costs and providing technical assistance to subrecipient, if needed.
• Coordinate with City Finance for drawdowns and quarterly cash on hand. • Meet with City Staff to discuss program status.
• Prepare and submit the Consolidated Annual Performance and Evaluation Report (CAPER). • Maintain records in compliance with federal regulations 2 CFR 200 and the single audit act. • Provide CDBG financial management assistance and technical assistance to subrecipients and contractors.
• Provide Davis-Bacon (prevailing wages) and HUD/Section 3 monitoring and contract compliance for construction projects.
• Ensure compliance with all applicable federal, state, and local laws, rules, regulations, and policies as they apply for HUD Endowments.
• Advise the City of the availability of additional sources of funds. • Provide other administrative services to ensure compliance with all CDBG Federal regulations and County policies, as they may change from time to time.
• Act as the City’s liaison and representative.
• Monitor of programs and files for program compliance and eligibility. • Review HUD required policies and procedures to ensure compliance with HUD regulations. • Draft, update, and present for approval additional policies and p rocedures to strengthen and solidify the City’s CDBG policies and procedures.
• Train designated City staff member on CDBG Tasks.
3 Qualifications

As provided in the Overview, TAMJAC possesses the qualifications to undertake the scope of services in providing CDBG Support Services pertaining to the Community Development Block Grant Program.

• Extensive knowledge of HUD Rules and Regulations; particularly Chapter 24 of The Code of Federal Regulations (CFR) Part 570 , proven track record with the City of Harlingen, Texas as Community Development Director for several decades without receiving a finding of noncompliance from HUD in any of the programs administered (CDBG, HOME, NSP, Disaster Recovery, ARP, etc.) and providing consultant services to entitlement communities the past several years.
• Familiar with the Fair Housing Laws and Fair Housing-Related Presidential Executive Orders. • Familiar with labor laws and applicable wage and hour requirements. • Successfully submitted over 30 Annual Action Plans and CAPER’s along with all required reporting requirements.
• Prepared and submitted numerous, 5 Year Consolidated Plans including the required components. • Established planning calendars to ensure compliance and held required public hearings and meetings to obtain citizen input and provide information to the governing body. • Created graphs, charts, tables, and reporting formats to document and illustrate the significance of the impact and benefits of the CDBG program in the community. • Successfully created target neighborhood improvement programs for a defined area. • Received HUD sponsored and required training pertaining to all aspects of the CDBG and HOME program consistently over a 30-year period.
• Strong knowledge of the Integrated Disbursement and Information System (IDIS). • Ability and knowledge to prepare Exempt, CENST, and CEST converting to Exempt Environmental Review Records.
• Familiar with the Uniform Relocation Act, Section 504 , Section 3, Procurement and purchasing program provisions, duplication of benefit provisions, compliance with National Objectives and eligibility of CDBG activities.
• Developed policies, procedures, and form for program compliance.

Cost Proposal (See Professional Service Rate Sheet attached)

Hourly Rate Option

The personnel rate for Tammy Jackson, Owner, to perform the professional services shall be at a rate of $85 per hour, billed in ½ hour increments. This rate is inclusive of salary, fringe, and indirect costs. Hours shall be determined upon written notice of task requested by the City as provided in Section II-Scope of Services of the RFP.

The aforementioned rate includes the costs to perform Environmental Review Records for Exempt and Categorically Excluded Not Subject to 58.5.

This proposal does not include the performance or undertaking of environmental reviews that require environmental specialist such as soil testing, flood elevations, radon testing, lead or asbesto s testing, structures or areas that are of historical significance, etc. which are categorized as Categorically Excluded Subject to 58.5 and Environmental Assessments . These types of environmental reviews must be undertaken by Environmental Professionals that are qualified, trained and have the required licenses to perform these services.
4 Note: The costs associated with the Environmental Review can be considered an activity delivery cost and charged to the project/activity instead of charging to the grant as planning and administration which has a 20% cap.

Travel

Should the need arise for TAMJAC to travel to conduct business for the City, all costs will comply with the California per diem rates in effect at the time and shall be preapproved , in writing , by the City and reimbursed to TAMJAC. All travel c osts will be 100% reimbursable to TAMJAC. Travel costs include the costs of reasonable transportation (airfare, train, bus, vehicle s (taxi, ride share (Uber/Lift) ) and any associated costs such as parking, highway tolls, lodging, and meals. All costs incurred will comply with 2 CFR 200.

Retainer Rate Option

At the City’s option , TAMJAC will perform the professional services as stated above for a flat rate of $50,000.00 per year and shall include all personnel, and a minimum of 12 hours per week will be dedicated to your CDBG program. Should additional hours be required to complete any task, TAMJAC will perform the task at no additional cost to the City. Should the need arise for TAMJAC to travel to conduct business for the City, all costs will comply with the federal per diem rates in effect at the time and shall be preapproved in writing by the City and reimbursed to TAMJAC as provided in paragraph four of this section.

TAMJAC will provide a monthly invoice to City in the amount of $4,500.00 with a description of the work performed during the month.

Term of Rate(s)

The rate(s) aforementioned shall be in effect for 12 months, with an understanding of an option to extend for two (2) additional one (1) year terms at a rate to be negotiated and agreeable to both City and TAMJAC.

Combined Rates Option

At the City’s option, TAMJAC will perform the professional services as stated above for a flat rate of $2,000 per month for ordinary costs as detailed below and rate of $85 per hour, billed in ½ hour increments for any tasks performed that are not defined as ordinary. This rate is inclusive of salary, fringe, and indirect costs. Hours shall be determined upon written notice of task requested by the City as provided in Section II-Scope of Services of the RFP.

Should the need arise for TAMJAC to travel to conduct business for the City, all costs will comply with the California per diem rates in effect at the time and shall be preapproved in writing by the City and reimbursed to TAMJAC as provided in paragraph four of this section . TAMJAC will provide a monthly invoice to City in the amount of $4,500.00 with a description of the work performed during the month.

• IDIS –
o Upload and maintain projects/activities on the IDIS system . This includes IDIS set up of new activities and maintenance of activity status.
o Enter and maintain project and activity accomplishments. o Generate IDIS reports, review for accuracy, and make any necessary changes. o Fund activities as per City staff.
o Create and or review drawdown vouchers as requested.
o Perform IDIS clean up actions.
5 o Create program income receipts as directed by staff. o Provide prescheduled technical assistance to staff.
• Administer subrecipient agreements including reviewing invoices for eligible costs and providing technical assistance to subrecipient, if needed.
• Request and review monthly/quarterly/annual accomplishments. • Coordinate with City Finance for drawdowns and quarterly cash on hand. • Meet with City Staff to discuss program status.
• Provide CDBG financial management assistance and technical assistance to subrecipients and contractors.
• Provide Davis-Bacon (prevailing wages) and HUD/Section 3 monitoring and contract compliance for construction projects.
• Ensure compliance with all applicable federal, state, and local laws, rules, regulations, and policies as they apply for HUD Endowments.
• Advise the City of the availability of additional sources of funds. • Provide other administrative services to ensure compliance with all CDBG Federal regulations and County policies, as they may change from time to time.
• Act as the City’s liaison and representative.
• Monitor of programs and files for program compliance and eligibility. • Review HUD required policies and procedures to ensure compliance with HUD regulations. • Train designated City staff member on CDBG Tasks.

TAMJAC PROPOSAL

Thank you for considering this submission and I look forward to the privilege of working with C athedral City. I certify that the information and data submitted are true and complete to the best knowledge of my affixing my signature hereto. TAMJAC shall make a commitment to accept the terms and conditions in the RFP and Professional Services Agreement, including acknowledgment of receipt of all amendments and/or addenda to the RFP. There are no exceptions to the RFP. The proposal shall remain valid for a period of not less than 120 days from the date of submittal.

If you have questions on this proposal, feel free to contact Tammy Jackson at your convenience by email at [email protected] or by phone at (956) 564-0477.

Thank you for your consideration,
Tammy A. Jackson

TAMJAC, LLC

B-1
EXHIBIT "B"

COMPENSATION

6 ATTACHMENT 1

CATHEDRAL CITY
CDBG Support Services
Professional Service Rate Sheet
In response to the Request for Proposal for the Community Develop ment Block Grant Program , CDBG Support Services, I will accept as full payment the following hourly rate by person and title to provide the as needed professional services as defined in the Scope of Work.

Name of Firm: TAMJAC, LLC
SCHEDULE OF PROFESSIONAL SERVIES HOURLY BILLING RATES:

Staff name and title: Hourly Rate

Tammy Jackson, Owner /Principle $ 85.00

___________________________

REIMBURSABLE TRAVEL EXPENSES:

Transportation - Actual cost of airfare, car rental (including associated costs for fuel), taxi, ride share, train, bus, etc. *

Lodging - $142 per night

Meals and Incidental Expenses - $59.00 per day

Transportation costs will be preapproved, in writing, by City and Contractor.

Receipts will be provided to CITY for reimbursable lodging and transportation expenses.

Reference Rates: Pocket Travel Guide (ca.gov)

RATE INCREASES:

For the initial one-year term of the Agreement, the proposes amount shall not exceed the hourly rate quoted.

The hourly rate may be adjusted on the anniversary date by the same percentage of increase in the Consumer Price Index-Urban Area for Riverside County, California for the previous 12 months.

Consumer Price Index, Riverside Area — May 2024 : Western Information Office : U.S. Bureau of Labor Statistics (bls.gov)

EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effe ct 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 Consultant, its agents, representatives or employees. Consultant 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 Consultant and City against liability or claims of liability which may arise out of this Agreement in the amount of one mil lion 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 insuranc e in an amount not less than $1,000,000 for injuries, including acciden tal 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 t han $2,000,000 shall be consider ed 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.

Consultant 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 Consultant participating under this Agreement, Consultant is to defend and indemnify the City from such claim.

X Professional Liability Insurance: Professional liability insurance appropriate to the Consultant’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 profe ssional liability insur ance 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 Consultant’s services

C-3

or the termination of this Agreement. Du ring this additional three (3) year period, Consultant shall annually and up on request of the City submit written evidence of this continuous coverage.

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

1. All Coverages.

a. Each insurance policy r equired by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agr eement, 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 activiti es Consultant performs ; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. 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. Consultant’s insurance co verage shall be primary insurance with respect to City, and its respective el ected 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, Consultant’s insurance.

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

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

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

C-3

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

C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certific ates of insurance necessary to satisfy City that the insurance provisions of this c ontract have been complied with. The City may require that Consultant furn ish City with copies of orig inal endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Consultant shall furnish ce rtificates and endorsements from each sub-contractor identical to those Consultant provides.

2. Any deductibles or self-insur ed 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 re spects City or its respective elected or appointed officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losse s 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 Consul tant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

TAMJAC, LLC
2 1091 FM 507
Harlingen, TX 78550
ATTACHMENT 2

CERTIFICATE OF INSURANCE
Excluded
Berkshire Hathaway Direct Insurance Company 10391
07/20/2023

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550-
X
X
X
N9BP914497 07/21/2023 07/21/2024A 5,000
1,000,000
50,000
2,000,000
2,000,000

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550
BIBERK
P.O. Box 113247
Stamford, CT 06911
Professional Liability (Errors &
Omissions): Claims-Made
Per Occurrence/
Aggregate
203-654-3613844-472-0967
[email protected]

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550
07/20/2023
Berkshire Hathaway Direct Insurance Company
X
X
*
*
* ALS up to 12 months.
0 0
07/21/2023 07/21/2024

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550-
N9BP914497
Bldg #001: Consultants - Computer and Management - 4167501 Location: 21091 FM 507Harlingen, TX 78550
n/a
n/a
n/a

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550
BIBERK
P.O. Box 113247
Stamford, CT 06911
541512
250
(203) 654-3613
[email protected]
(844) 472-0967
Cathedral City

CONFLICT OF INTEREST AFFIDAVIT
I�

1.:.1 EQUAL HOUSING
O.PPORTIJNITY
I have been provided a list of the employees, officers, board members and agents of the Cathedral City and state the following:

I am not related to any employee, officer, board member, or agent of the City.

No member of my immediate family (spouse, siblings, parents, children, step children or in-laws of the same degree) is related to any employee, officer, board member, or agent of the City.

I am not a bu
1 s;�s-partner of any employee, officer, board member, or agent of the City.

Signed this ..tit d;;_y of �JI..:::. , 2024.
---,;,, m mLj J a ck 5o11 1 o 1..L,\1e v
Name & Title 17-f1Vl.J1ti::, �

CATHEDRAL CITY, CALIFORNIA

CATHEDRAL CITY MAYOR & COUNCIL
Mark Carnevale, Mayor
Nancy Ross, Mayor Pro Tern
Rita Lamb, Councilmember
Ernesto Gutierrez, Councilmember
Raymond Gregory, Councilmember

June 20, 2024

Engineering Department
c/o Andrew Lee
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

RE: Request for Proposals
CDBG Support Services

Dear Andrew,
It is with immense pleasure that I provide my re sponse to your Request for Proposals seeking qualiﬁed individuals to provide CDBG Support Services to the City of Cathedral City.

A retainer is provided for the ordinary tasks and the other tasks are billed at an hourly rate. Each program is uniquely different therefore, there are many options available.

Should you have any further questions or concerns, please feel free to contact me via phone at (956) 564- 0477 or via email at [email protected].

Respectfully Submitted,

Tammy A. Jackson, Owner
TAMJAC, LLC.
1 TAMJAC, LLC

PROPOSAL TO PROVIDE CDBG SUPPORT SERVICES

CATHEDRAL CITY, CALIFORNIA

OVERVIEW

As provided in the Overview, TAMJAC possesses the qualifications to undertake the scope of services in providing CDBG Support Services pertaining to the Community Development Block Grant Program.

Cost Proposal (See Professional Service Rate Sheet attached)

Hourly Rate Option

The aforementioned rate includes the costs to perform Environmental Review Records for Exempt and Categorically Excluded Not Subject to 58.5.

Travel

Retainer Rate Option

TAMJAC will provide a monthly invoice to City in the amount of $4,500.00 with a description of the work performed during the month.

Term of Rate(s)

Combined Rates Option

TAMJAC PROPOSAL

If you have questions on this proposal, feel free to contact Tammy Jackson at your convenience by email at [email protected] or by phone at (956) 564-0477.

Thank you for your consideration,
Tammy A. Jackson

TAMJAC, LLC

6 ATTACHMENT 1

Name of Firm: TAMJAC, LLC
SCHEDULE OF PROFESSIONAL SERVIES HOURLY BILLING RATES:

Staff name and title: Hourly Rate

Tammy Jackson, Owner /Principle $ 85.00

___________________________

REIMBURSABLE TRAVEL EXPENSES:

Transportation - Actual cost of airfare, car rental (including associated costs for fuel), taxi, ride share, train, bus, etc. *

Lodging - $142 per night

Meals and Incidental Expenses - $59.00 per day

Transportation costs will be preapproved, in writing, by City and Contractor.

Receipts will be provided to CITY for reimbursable lodging and transportation expenses.

Reference Rates: Pocket Travel Guide (ca.gov)

RATE INCREASES:

For the initial one-year term of the Agreement, the proposes amount shall not exceed the hourly rate quoted.

The hourly rate may be adjusted on the anniversary date by the same percentage of increase in the Consumer Price Index-Urban Area for Riverside County, California for the previous 12 months.

Consumer Price Index, Riverside Area — May 2024 : Western Information Office : U.S. Bureau of Labor Statistics (bls.gov)

TAMJAC, LLC
2 1091 FM 507
Harlingen, TX 78550
ATTACHMENT 2

CERTIFICATE OF INSURANCE
Excluded
Berkshire Hathaway Direct Insurance Company 10391
07/20/2023

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550-
X
X
X
N9BP914497 07/21/2023 07/21/2024A 5,000
1,000,000
50,000
2,000,000
2,000,000

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550
07/20/2023
Berkshire Hathaway Direct Insurance Company
X
X
*
*
* ALS up to 12 months.
0 0
07/21/2023 07/21/2024

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550-
N9BP914497
Bldg #001: Consultants - Computer and Management - 4167501 Location: 21091 FM 507Harlingen, TX 78550
n/a
n/a
n/a

TAMJAC, LLC
21091 FM 507
Harlingen, TX 78550
BIBERK
P.O. Box 113247
Stamford, CT 06911
541512
250
(203) 654-3613
[email protected]
(844) 472-0967
Cathedral City

CONFLICT OF INTEREST AFFIDAVIT
I�

1.:.1 EQUAL HOUSING
O.PPORTIJNITY
I have been provided a list of the employees, officers, board members and agents of the Cathedral City and state the following:

I am not related to any employee, officer, board member, or agent of the City.

No member of my immediate family (spouse, siblings, parents, children, step children or in-laws of the same degree) is related to any employee, officer, board member, or agent of the City.

I am not a bu
1 s;�s-partner of any employee, officer, board member, or agent of the City.

Signed this ..tit d;;_y of �JI..:::. , 2024.
---,;,, m mLj J a ck 5o11 1 o 1..L,\1e v
Name & Title 17-f1Vl.J1ti::, �

CATHEDRAL CITY, CALIFORNIA

CATHEDRAL CITY MAYOR & COUNCIL
Mark Carnevale, Mayor
Nancy Ross, Mayor Pro Tern
Rita Lamb, Councilmember
Ernesto Gutierrez, Councilmember
Raymond Gregory, Councilmember

Staff Report
City Council
Item No. 3.K
Meeting Date: July 24, 2024
From: Ryan Hunt, Communications & Events Manager
Title: 2024 Battle in the Desert SUP
RECOMMENDATION:

To approve Special Use Permit for the 2024 Battle in the Desert to be held on Saturday, October 19, 2024, in the Cathedral City Community Amphitheater.

BACKGROUND:

Produced by Jesus Gonzalez, an officer with the Cathedral City Police Department, the “Coachella Valley Battle in the Desert” is an annual amateur boxing tournament geared towards those who work in the public safety profession. The boxing event has occurred over the last five plus years and attracted hundreds of attendees in 2022 and 2023, its second time inside the amphitheater. Mr. Gonzalez would like to conduct the boxing event again on Saturday, October 19, 2024, from 5:00 pm to 11:00 pm. The event is sanctioned by USA Boxing, and it encourages law enforcement officers and public safety personnel to compete in the sport of boxing. Some of the proceeds generated go to local charities. The event will take place at the Community Amphitheater in Downtown Cathedral City.

DISCUSSION:

The boxing event is open to the public with paid admission. Food, non-alcoholic and alcoholic beverages will be sold. Proceeds of the admission and concessions will benefit the organizer and the Cathedral City Police Explorer Program, which is designed to assist young adults through training, education and preparing them for a career in law enforcement. The organizer is asking the City Council to sponsor the Special Use Permit application fee of $510.

Suggested conditions of the SUP would be the organizer show proof of a City business license, secure event insurance naming the City as an additional insured, allow the City attorney to review and make edits to liability waivers that must be signed by all boxing participants, and the organizer must show proof of all health permits for food and beverages as well as permits from the Alcohol Beverage Commission for alcohol sales. The organizer plans to request a restroom trailer or offer portable toilets in front of the parking garage. The amphitheater is fenced for alcohol and crowd control.

Although the permit states the event running until 11:00 p.m., the likelihood of it going past 10:00 p.m. is slim based on the previous years' end times. The first bout typically starts after 6:00 pm. All sound is geared to face inward towards the boxing ring which dramatically reduces noise issues. If the organizer decides to use the City’s sound and lighting equipment, then he would need to contract and pay the associated costs with the City’s preferred sound, light and stage operator who has exclusive control over city equipment.

The organizer would begin setting up for the event on Friday, October 18 and tear down would occur around midnight on Saturday, October 19, 2024. All equipment must be removed by Sunday, October 20, 2024. The organizer expects to attract 1,000 attendees.

Security will be handled by either CCPD officers, private security guards, or both.

FISCAL IMPACT:

Since this has become an annual city sponsored event, there is no rental fee charge to use the amphitheater. With it being in the amphitheater, much of the in-kind support provided by staff will be minimized with no need to use the city’s metal crowd control barriers. The organizer has previously done a great job cleaning up after the event.

FIVE-YEAR STRATEGIC PLAN:

Action F-6: Promote additional community events and celebrations.

ATTACHMENTS:

1. 2024 Battle in the Desert SUP

Page 1 of 8 ends

(Staff Use Only)
Case No.:

Related Files:

CITY OF CATHEDRAL CITY
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0396 – Phone
(760) 770-0399 - Fax
SP

ECIAL USE PERMIT FOR DOWNTOWN CATHEDRAL CITY
Please Read: It is advisable to submit applications for review 60 days prior to commencement of the use or event to ensure adequate review of the application. We must have a minimum of 30 days prior to the event. If you have any questions while completing this application, please ask a member of the Planning Department for assistance. In addition to this application, you must reserve a date for your event with the Communications/Events Manager. For recurring events, a schedule must be submitted every 3 months. In order for the City to process a Special Use Permit Application, the application fee must be submitted with the completed application. Depending on the type of event, you may also be required to provide a Clean- up/Damage Deposit. Please review the Downtown Fee Schedule for event use in the downtown area. The appropriate fee must be paid prior to the event. Incomplete applications will not be accepted (or process may be delayed). (PLEASE PRINT OR TYPE)
Name of Event:
__________________________________________________________________________________________

CHECK TYPE OF EVENT
_____ Festival
_____ Parade / Race / Marathon
_____ Concert / Performance
_____ Art Show / Outdoor Market
_____ Political Rally / Protest
_____ Other _________________(type)
AREA OF DOWNTOWN CATHEDRAL CITY TO USE (check all that apply) _____ Civic Center Plaza
_____ Civic Center Paseo
_____ Town Square Park
_____ Amphitheater Park
_____ Festival Lawn
_____ Festival Lawn Annex
_____ Avenida Lalo Guerrero
_____ George Montgomery Trail
_____ City Council Chambers
_____ 3 rd Floor Parking Structure
_____ City Employee Parking Lot

Page 2 of 8 ends

DATE(S) OF EVENT: ___ /___ /___ through ___ / ___ / ___ HOURS OF EVENT: ___ :___ AM/PM through ___:___ AM/PM (If multiple days, please indicate dates and times below)
_____________________________________________________________________________________ _____________________________________________________________________________________ EVENT SET-UP DATE: ___ / ___ /___ TIME: ___ : ___ AM/PM TEAR DOWN DATE: ___ / ___ / ___ TIME: ___ : ___ AM/PM DESCRIPTION OF EVENT (Thi
s should be promotional in nature and cannot exceed 250 words):
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ EXPECTED ATTENDANCE PER DAY (List all that apply):

DAY 1: _______________ Morning _______________ Afternoon _______________ Evening DAY 2 _______________ Morning _______________ Afternoon _______________ Evening DAY 3 _______________ Morning _______________ Afternoon _______________ Evening *In accordance to Emerg
ency Preparedness Requirements, events with 1,000 or more attendees requires a minimum of two crowd control managers to properly direct and assist the event attendees in evacuation during an emergency.

Will your event sell beverag
es? ______ Yes ______ No
If yes, please know that all events in Downtown Cathedral City must serve Pepsi products and must be purchased through the City of Cathedral City. Please contact Chris Parman (760) 770-0396 for more details.

Is your event open to the general public? _____ Yes _____ No Will your event sell concessions or food items? _____ Yes _____ No If yes, please know that the Cathedral City Community Amphitheater Concession Stand has an exclusive operator and has exclusivity on popcorn, kettle korn, regular hot dogs, and candy.

Page 3 of 8 ends

Do you have a business license with the City of Cathedral City? _____ Yes _____ No If no, you must obtain an annual business license or a special event business license with the City.

Do you have subcontractors and vendors providing a service or selling a product? _____ Yes _____ No
If yes, each subcontractor and vendor must hold an annual business license or a temporary special event business license with the City.

Do you or a vendor of yours plan to serve or prepare food? _____ Yes _____ No If yes, you must obtain proper permits from Riverside County Department of Environmental Health.

If yes, the Cathedral City Fire Department life safety / fire inspections must be conducted prior to food being served. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

Will alcohol be served? _____ Yes _____ No
If yes, you must obtain proper permits from California Department of Alcohol Beverage Control.

If yes, you must obtain Liquor Liability Insurance naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

If yes, you must have a minimum of one security officer checking identifications for proper age, one security officer per entrance and exit, and one security guard for crowd monitoring (a minimum of three security guards during all alcohol serving times).

If yes, who will be pouring and serving the alcohol? ___________________________________ ______________________________________________________________________________ Will your event utilize tents or canopies? _____ Yes _____ No If yes, proper permits must be obtained by the Cathedral City Fire Department and life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

The organizer of the event must ensure that all tents and canopies are properly weighted against wind gusts.

Will your event utilize bouncy houses, inflatables, slides, amusement rides or hot air balloons? _____ Yes _____ No
If yes, the Cathedral City Fire Department life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

If yes, you must obtain liability Insurance denoting coverage for inflatables and naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

If hot air balloons, each hot air balloon must obtain insurance of no less than a $1 million in liability coverage naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234

Page 4 of 8 ends

as an additional insured. A copy of the insurance certificate must be presented to the City before the hot air balloon can be utilized for the event.

Will your event have amplified sound and/or music? _____ Yes _____ No If yes, the City’s policy allows amplified sound and/or music between 7 am and 10 pm Fridays, Saturdays, and certain Sundays if the following Monday is a recognized national holiday. All other days, the hours of amplified sound and/or music are between 7 am and 9 pm. Amplified sound or music should be normalized to 89 decibels at the perimeter of the reserved area.

Will your event bring in a temporary stage, truss rig system, and/or lighting? _____ Yes _____ No
If yes, the stage installer and/or owner must obtain liability insurance of no less than $1 million in coverage that names the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

Will your event use searchlights or laser lights? _____ Yes _____ No If yes, searchlights and/or laser lights that shoot above 50 feet in the air need F.A.A. approval as Downtown Cathedral City is under the flight path of Palm Springs International Airport.

Will your event use fireworks or pyrotechnics? _____ Yes _____ No If yes, proper permits must be obtained by the Cathedral City Fire Department and life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections. Additional liability insurance must be obtained.

CURITY, PUBLIC SAFETY, AND SANITATION
Are you hiring security for your event? _____ Yes _____ No If yes, the security company must have a valid Private Patrol Operator’s License issued by the State of California. A copy of the license must be presented to the City prior to the event.

Please describe your security plan including crowd control, internal security or venue safety, age identification checks (if applicable) and or attach your plan to this application. _____________________________________________________________________________________

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ • Please note that if you plan to use Cathedral City Police Department, the billable rate for police officers is $135 per hour per officer. CCPD will bill the event directly. Partial or all anticipated payments may be due prior to the event. The availability of CCPD police officers for your event may not be guaranteed without prior notification of at least 30 days.

Page 5 of 8 ends

What is your First Aid or Medical Plan for your event?
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Do you plan to provide portable toilets? _____ Yes _____ No If yes, the number of portable toilets: __________
If yes, the number of ADA accessible portable toilets: __________ If yes, when are the portable toilets being delivered (Date and time): _____________________ If yes, when are the portable toilets being picked-up (Date and time): ____________________ If yes, will the portable toilets be serviced during your event? _____ Yes _____ No Will your event allow for dogs? _____ Yes _____ No
How do you plan to collect and remove trash and debris during the event? _____________________________________________________________________________________ _____________________________________________________________________________________ • A clean-up/damage deposit of $600 or more may be required.

ENT ENTERTAINMENT
Do you plan to have any musical or speaking entertainment for your event? _____ Yes _____ No If yes, please list the names of the band/performers, genre of music:

Name of Band / Performer/ Speaker Genre of Music
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
A complete list must be provided to the City prior to the event. The City reserves the right to deny the performance of any band or act that has a history of creating public safety concerns. The City also has the right to require additional security and/or insurance coverage at the organizer’s expense for acts that have a history of creating public safety concerns.

Page 6 of 8 ends

PLICANT AND HOST ORGANIZATION
Host Organization: ____________________________________________________________________ Chief Officer of Host Organization: _______________________________________________________ Host Organization’s Website: ____________________________________________________________ Applicant Name: _____________________________________________________________________ Address Street:
_______________________________________________________________________ City: _______________________________ State: _________________ Zip: ______________ Telephone Prior to the Event: (_____) ______ - ____________ During Event: (_____) ______ - ____________ Phone number of on-site representative who can be contacted during the event, for emergencies or event coordination.

Fax: (_____) ______ - ____________
Email Address: __________________________________________________________ Previous Events managed or operated by the Host Organization and/or Applicant:
_____________________________________________________________________________________ _____________________________________________________________________________________

AFFIDAVIT OF APPLICANT
I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief that I have read, understand and agree to abide by the rules and regulations governing the proposed Special Event under the Cathedral City Municipal Code and I understand that this application is made subject to the rules and regulations established by the City Council and/or the City Manager or the City Manager’s designee. Applicant agrees to comply with all other requirements of the City, County, State, Federal, and any other applicable entity which may pertain to the use of the Even venue and the conduct of the Event. I agree to abide by these rules, and further certify that I, on behalf of the Host Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Cathedral City.

P
rinted Name of Applicant / Host Organization ______________________________________________ Title ___________________________________________________________________________ Signature ___________________________________________________________________________ Date _____________________________

Page 7 of 8 ends

SUB
MITTAL REQUIREMENTS:
_____ Application Fee: $510 – payable to “City of Cathedral City” _____ Non-profit certification (if applicable)
___X__ Clean-up / Damage Deposit (if applicable)
___X__ Copy of site plan using map attached to this application (show stage, fencing, canopy/tent placement, food vendor locations, merchandise vendor locations, portable restroom locations, generators, etc….)
_____ P
rovide all necessary insurance coverages (must be submitted prior to the event) ___X__ Proof of Insurance with a minimum of $1,000,000 in liability coverage naming City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City 92234 as an additional insured (must be submitted prior to the event)
___X__ Proof of all applicable licenses and permits required by local, state and federal agencies (must be submitted prior to the event)
_____ Pr
oof of Cathedral City Fire Department inspections and permits, if applicable (must be submitted prior to the event)
___X__ Acknowledge that applicant cannot hang any object (lights, speakers, cabling, etc.) from the pipe grid above the amphitheater’s stage floor.

Page 8 of 8 ends

Downtown Map (Please mark the area you will be using)

Staff Report
City Council
Item No. 5.A
Meeting Date: July 24, 2024
From: Charles McClendon, City Manager
Title: Resolution Referring a Ballot Measure to the Voters for the November 2024 Election
RECOMMENDATION:

To approve a resolution referring a ballot measure to the voters of Cathedral City during the November 2024 General Election.

BACKGROUND:

At their meeting on August 3, 2022, the City Council of Cathedral City voted to place a local funding measure (Measure K) for parks and recreation on the November 2022 ballot. Had it been approved by voters this measure would have cost property owners 15-cents per building square foot annually on single-family residential units to allow Cathedral City and the Desert Recreation District (DRD) to:
•Provide safe and clean parks, playgrounds, and recreational facilities in Cathedral City
•Maintain and improve neighborhood park safety
•Maintain safe drinking water and improve water conservation •Enhance youth drug and gang prevention programs
•Provide affordable after-school and senior programs
•Address homelessness in local parks
•Make a wide array of recreational programs available in Cathedral City •Provide funding to develop a community recreation center Because it was a single purpose tax measure, provisions in California state law imposed a super majority requirement on Measure K, meaning a two-thirds majority was needed for adoption. The measure received majority support from Cathedral City voters but did not reach the required two-thirds level for adoption:
•Yes 6,980 55%
•No 5,808 45%
As a result of the strong community support for providing parks and recreation services and programs in Cathedral City, the City Council adopted the following action item as part of their five-year strategic plan adopted in April of 2023:

Action B-13 Develop a plan to address the need for funding for parks and recreation services through the DRD; and other resident priorities including streets, and work toward a potential funding measure in 2024.

The City Manager appointed a committee of residents to review unfunded needs in the community, explore possible solutions and potentially make recommendations to the City Council. The following residents participated in what has since been named the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City:
•Terry Applegate
•Rocio Conde
•Teri Hargreaves
•Angel Herrera
•Erin Hyland
•Jonathan Lanz
•Danny Lee
•Richard Martinez
•Rick Saldivar
•Sue Townsley
•Chip Yarborough
The committee first met and began their work on October 26, 2023. They received a presentation from Financial Services Director Kevin Biersack on the City’s current financial status including information on where revenues come from and where money goes according to the current adopted budget. Discussions included the large portion of the general fund budget that goes to personnel, both city staff salaries and benefits and the costs of contracted services, and the large portion of the general fund budget that goes to the police and fire departments. These conditions make it very difficult if not impossible to reallocate existing funds to cover the identified unfunded needs in Cathedral City. The committee also discussed the effect of the approximately $6 million spent on recovery from the damage caused by Tropical Storm Hilary, which does not include an estimated additional local contribution of up to $6 million for street repairs which will be required to repair damage cost by the storm and subsequent clean-up work.

The second meeting of the committee was held on November 16, 2023. The primary agenda item was a presentation by staff from the Desert Recreation District. The presentation covered the history of the annexation effort and the outcome of the 2022 Measure K. The discussion then turned to what the DRD can bring to Cathedral City immediately upon annexation, which is all the recreation programming that can be provided without a community recreation center using parks, schools and other facilities. Parks maintenance standards, the park ambassador program to prevent undesirable activities at parks and other benefits of the DRD assuming responsibility for parks maintenance were also discussed.

Finally, the committee looked at what a community recreation center might cost and how it might be programmed.

The next meeting was held on December 7, 2023. The agenda included a presentation by Engineering and Public Works Director John Corella on the city Pavement Management Plan. Committee members were very interested in the funding gap between what is needed to maintain and improve the condition of the streets and the funding that is available via traditional funding sources including state SB1 funds and the local maintenance of effort funds. The City uses grants, Measure A and gas tax funds to supplement those sources as they are available, but still falls far short of the funding needed in any given year. This results in some of the streets with the lowest pavement management index having to wait for repair work due to the great cost differential between having to completely rebuild a street compared to a slurry seal to extend the life of a street that is in better condition.

Also on December 7, the committee heard a presentation from Fire Chief Mike Contreras outlining the need for better response times for emergency medical services and an innovative plan to add a fourth ambulance staffed with two personnel to respond to medical calls for service in circumstances where emergency medical dispatch has determined that a two-person response will meet the identified need. This will leave the more costly fire engine response available for other calls where that is required and improve ambulance availability and response time across the system.

The final meeting of the committee was held on January 11, 2024. The agenda included a review of the previous presentations and followed by a discussion of ideas from committee members for addressing the identified funding gaps. Discussion included the applicability and limitations of grant funding, public private partnerships and single-purpose tax measures. Ultimately, the committee members coalesced around recommending a general purpose, half-cent sales tax (transaction and use tax) to the City Council. It was noted that a half-cent tax would raise about the same amount as the original Measure K would have raised – approximately $5 million per year. That amount of revenue would fund, in approximately equal amounts the following:

1. Annexation into the DRD and their assumption of parks maintenance responsibilities in Cathedral City.

2. Operating costs for a community recreation center.

3. Debt service costs to develop a community recreation center – most likely the adaptive reuse of an existing building.

4. An additional $1 million per year for street maintenance work per the pavement management plan.

5. The addition of a two-person medical response ambulance on each of the fire department’s three shifts (six staff total).

The City Council heard the report of the resident committee on January 24, 2024, and directed staff to proceed with further discussion on a possible ballot measure, including conducting polling in the community to evaluate the viability of a potential measure.

DISCUSSION:

The City Council will consider the recommendation of the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City. Since the committee’s initial report was reviewed by Council on January 24 several steps have been taken to provide opportunities for residents of Cathedral City to provide input on the identified funding needs and other service priorities.

On February 28, 2024, the City Council authorized funding to conduct a statistically valid public opinion survey of the community to gather additional feedback on service priorities and funding needs in the community. The city awarded a contract to a professional survey research firm, FM3, and a survey instrument was developed, including potential ballot language, and the polling was conducted from March 20 to March 26, 2024. Surveyors contacted 433 voters likely to vote in the November 2024 election. Interviews were conducted using telephone, text and email and were available to respondents in either English or Spanish. Survey results have a margin of error of +-4.9% at the 95% confidence level for full sample questions and +-6.9% for half sample questions. Survey results were presented to the Council in study session on May 8, 2024.

Almost three-quarters of respondents continue to perceive the City needs additional funds – though the perceived great need for funds has increased since 2022.

Q. In your personal opinion, do you think the City of Cathedral City has a great need for additional funding, some need, a little need or no real need for additional funds to provide the level of City services that Cathedral City residents need and want? 40% indicated they saw a great need for additional funding and 33% indicated some need.

Maintaining 911 emergency response, fire protection services, and repairing streets and potholes are leading priorities for uses of funds. Following is a list of the top 25 funding priorities deemed most important by survey respondents followed by the percentage who indicated they were extremely or very important:

Maintaining 9-1-1 medical emergency ambulance, fire and police response 93% Maintaining fire protection and paramedic services 93%
Maintaining fire protection services 91%
Recruiting and retaining well-trained paramedics and firefighters 90% Repairing neighborhood streets and potholes 87%
Preparing for, responding to, and recovering from rainstorms and other natural disasters
84%
Maintaining gang prevention programs 84%
Protecting Cathedral City’s long-term financial stability 84% Protecting Cathedral City’s long-term financial stability 84% Removing debris after rainstorms 83%
Helping prevent property crimes, including thefts and burglaries 82% Keeping public areas and parks safe and clean 81%
Maintaining city services 81%
Maintaining police protection 80%
Helping prevent property crimes 80%
Cleaning up illegal dumping 80%
Addressing homelessness in parks 79%
Addressing homelessness 77%
Keeping parks safe and clean 77%
Retaining and attracting businesses 76%
Maintaining gang enforcement programs 75%
Improving city services 74%
Helping ensure children have safe places to play 73%
Maintaining neighborhood parks 73%
Maintaining neighborhood police patrols 72%
Enhancing youth drug and gang prevention 72%
To provide a further opportunity for residents to participate in the discussion of community priorities, a web page titled Join the Conversation was created and residents were invited, via a mailer sent to every home in Cathedral City, to complete a survey ranking identified priorities in terms of importance to them. As of the date of this staff report 197 people have completed the survey. The following table shows the priorities ranked and the percentage of respondents listing each as their number one priority:

Recruiting and retaining well-trained paramedics and firefighters 47.4% Repairing neighborhood streets and potholes 15.0%
Maintaining gang prevention programs 5.8%
Preparing for, responding to, and recovering from rainstorms and other natural disasters

10.4%
Helping prevent property crimes, including thefts and burglaries 11% Keeping Parks safe and secure, including addressing homelessness 8.7% Maintaining 9-1-1 medical emergency ambulance, fire protection and police protection response

1.7%
The following proposed ballot language was developed in consultation with the City Attorney and the survey research consultants and in compliance with the limitations contained in state law. This language was the language tested in the FM3 survey:

Cathedral City Services Measure
Shall the measure providing funding for Cathedral City’s general services such as maintaining 911 medical emergency/ambulance/fire/police response and gang prevention programs; recruiting/retaining well-trained paramedics/firefighters; repairing streets/potholes; preparing for/responding to and recovering from rainstorms/natural disasters; keeping public areas/parks safe/clean; addressing homelessness; by increasing sales tax by ½¢ providing $5,000,000 annually until ended by voters; requiring audits, spending disclosure, funds locally controlled, be adopted? FISCAL IMPACT:

The approved budget for FY 2024-25 includes $35,000 for a possible ballot measure as part of the November election. In 2022, the addition of a ballot measure increased the amount paid to the County by $27,000.

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.

B-11 City Council to support a measure to provide funding for parks and recreation services through the DRD and other resident priorities including streets and enhanced Fire Department services.

Goal C - FISCAL STABILITY AND SUSTAINABILITY
Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

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

ATTACHMENTS:

1. Resolution
4865-7766-8818 v1
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6 RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY

CALLING AN ELECTION IN THE CITY OF CATHEDRAL CITY TO BE CONSOLIDATED WITH THE CITY’S NEXT GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024 AND SUBMITTING TO THE ELECTORS A BALLOT MEASURE TO ADOPT AN ORDINANCE INCREASING THE CITY’S

TRANSACTIONS AND USE TAX BY ONE-HALF CENT, ESTABLISHING THE

POLICIES AND PROCEDURES FOR SUCH AN ELECTION, REQUESTING THAT RIVERSIDE COUNTY PROVIDE ELECTION SERVICES; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND

AUTHORIZING THE FILING OF A REBUTTAL ARGUMENT
WHEREAS, previous actions by Sacramento politicians resulted in the loss of $30 million in local revenue over the past five years, impacting Cathedral City’s ability to maintain the basic services on which our community relies; and
WHEREAS, in the last year alone, approximately 77% of calls to Cathedral City Fire Department have been related to medical emergencies; and
WHEREAS, most recent crime data reports for Cathedral City found a five-year high with over 825 reported burglaries and thefts, including more than 250 car thefts; and WHEREAS, the City does not have the funding needed to provide lifesaving equipment, help maintain 911 emergency response times to continue saving lives, or provide sufficient police patrols in neighborhoods and business areas to keep residents and their property safe; and WHEREAS, prior to this year’s rainy season, independent engineers rated nearly two-thirds of Cathedral City’s streets and roads as “fair,” “poor,” or “very poor”; and the roads have only gotten worse; and
WHEREAS, the City does not have the funding needed to complete street and pothole repairs before the problem gets even worse and more expensive to fix; and WHEREAS, in 2010 the voters of the City of Cathedral City approved Measure H establishing a one cent transactions and use tax for a period of five years, and in 2014 the voters of the City of Cathedral City approved Measure B removing the sunset date on the tax and allowing it to be levied unless and until it is repealed by the voters; and WHEREAS, a citizens safety ad-hoc committee that reviewed the city’s fiscal condition has recommended a local measure be placed on the ballot for voters to consider to increase the City’s transactions and use tax by one-half cent; and
WHEREAS, the measure would provide and additional source of local funding to help maintain basic services, including 911 medical emergency, paramedic, fire protection and police response, addressing homelessness, road and pothole repair, keeping parks safe and secure, and maintaining disaster repones services with funding that the state cannot take; and WHEREAS, the measure includes tough accountability provisions and fiscal safeguards including public disclosure of all spending and annual independent financial audits; and 4865-7766-8818 v1
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6 WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that any general tax must be approved by a majority vote of the voters voting on the issue; and WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that an election by the voters to approve a general tax must be consolidated with a statewide general election at which members of the City Council will be elected; and
WHEREAS, November 5, 2024 is the date of the statewide general election at which members of the City Council will be elected; and
WHEREAS, the City Council believes that it is in the best interests of the City to submit the proposed increase to the transactions and use tax to the voters of City.

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

1.Call for Election. Pursuant to Elections Code Section 9222, the City Council hereby calls an election at which it shall submit to the qualified voters of the City of Cathedral City, a measure that, if approved, would increase the City’s transactions and use tax (sales tax) by one-half cent. This measure shall be designated by letter by the Riverside County Registrar of Voters.

2.Ballot Language. The ballot language for the proposed measure shall be as follows:

YES
Cathedral City Services Measure. Shall the measure providing funding for Cathedral City’s general services such as maintaining 911 medical emergency/ambulance/fire/police response and gang prevention programs; recruiting/retaining well-trained paramedics/firefighters; repairing streets/potholes; preparing for/responding to and recovering from rainstorms/natural disasters; keeping public areas/parks safe/clean; addressing homelessness; by increasing sales tax by ½¢ providing $5,000,000 annually until ended by voters; requiring audits, spending disclosure, funds locally controlled, be adopted?
NO

3.Text of Measure. The proposed measure submitted to the voters is as attached in Exhibit A to this Resolution, which is incorporated herein by reference. The City Council hereby approves the proposed ordinance, in the form thereof, and its submission to the voters of the City at the November 5, 2024 election. The full text of the measure shall be printed in the ballot materials and be available for public inspection in the City Clerk’s office and on the City’s website.

4.Publication of Measure. The City Clerk is hereby directed to cause notice of the measure to be published once in the official newspaper of the City of Cathedral City, in accordance with Section 12111 of the California Elections Code.

5.Request to Consolidate and Conduct Election and Canvass Returns. (a) Pursuant to California Elections Code Section 10400 et seq., the election for this measure shall be consolidated with the established election to be conducted on November 5, 2024. 4865-7766-8818 v1
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6 The City Council hereby requests that the Riverside Board of Supervisors consolidate the election called by this Resolution with the statewide election to be conducted on November 5, 2024 and order the election to be conducted by the Registrar of Voters. The City Council of the City of Cathedral City acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418. The City Council recognizes that additional cost will be incurred by the County of Riverside by reason of the consolidation of the election with the Statewide election and agrees to reimburse the County of Riverside for any costs that are not reimbursed by the State, and the City Council hereby authorizes the City Manager to pay the County of Riverside for said services in full. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors of Riverside and the Registrar of Voters of Riverside County on or before August 9, 2024. (b) The election on the measure set forth in Section 3 shall be held and conducted, the voters canvassed and the returns made, and the results ascertained and determined as provided herein. The election shall be held in accordance with the Elections Code of the State of California.
(c)The election on the measure set forth in Section 3 shall be held in Riverside County in the City of Cathedral City on November 5, 2024, as required by law, and the Board of Supervisors of Riverside County is authorized to canvass the returns of the election with respect to the votes cast in the City of Cathedral City and certify the results to the City Council of the City of Cathedral City.
(d) At the next regular meeting of the City Council of the City of Cathedral City occurring after the returns of the election for the measure set forth in Section 3 have been canvassed and the results have been certified to the City Council, or at a special meeting called for such purpose if required by law, the City Council shall cause to be entered in its minutes a statement of the results of the election.

6.Submission of Ballot Arguments.
(a) Arguments in favor and against the measure shall be filed with the City Clerk no later than 5:00 p.m. on August 13, 2024, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Neither the City Council, nor any member or members of the City Council, are authorized to submit ballot arguments for or against the measure. (b) Direct arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons.
(c) Pursuant to California Elections Code Section 9285(b), the City Council is hereby adopting provisions for the filing of rebuttal arguments for this measure. Accordingly, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against it, and copies of the argument against it to the authors of the argument in favor. Rebuttal arguments shall not exceed 250 words and shall be filed no later than 5:00 p.m. on August 20, 2024, accompanied by the printed names and signatures of the persons submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. Rebuttal arguments shall be printed in the same manner as the direct arguments. 4865-7766-8818 v1
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6 Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.

7.Impartial Analysis. In accordance with California Elections Code Section 9280, the City Council directs the City Clerk to transmit a copy of this Measure to the City Attorney, who shall prepare an impartial analysis showing the effect of the measure on the existing law and the operation of the measure. The City Attorney’s impartial analysis may not exceed 500 words and shall be filed with the City Clerk no later than 5:00 p.m. on August 20, 2024.

8.Services of City Clerk. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the ordinance or measure to be printed. A copy of the measure shall be made available to any voter upon request.

9.Severance. Should any section, subsection, clause or provision of this resolution for any reason be held to be invalid, then the remainder of the resolution shall be deemed valid, it being expressly declared that this resolution, and each and every section, subsection, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this resolution were declared invalid.

10.Compliance with CEQA. The City Council finds and determines that this activity is not a “Project” as defined under Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a financing decision without commitment to a specific project that may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.

APPROVED AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 24th day of July, 2024.
___________________________
Mark Carnevale, Mayor
ATTEST:
____________________________
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:

____________________________
Eric S. Vail, City Attorney
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6 EXHIBIT A

NOT OPERATIVE UNTIL ENACTED BY THE VOTERS
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, AMENDING CHAPTER 3.44 OF THE CATHEDRAL
CITY MUNICIPAL CODE TO INCREASE THE CITY’S

TRANSACTIONS AND USE TAX BY ONE-HALF CENT
WHEREAS, previous actions by Sacramento politicians resulted in the loss of $30 million in local revenue over the past five years, impacting Cathedral City’s ability to maintain the basic services on which our community relies; and
WHEREAS, in the last year alone, approximately 77% of calls to Cathedral City Fire Department have been related to medical emergencies; and
WHEREAS, most recent crime data reports for Cathedral City found a five-year high with over 825 reported burglaries and thefts, including more than 250 car thefts; and WHEREAS, the City does not have the funding needed to provide lifesaving equipment, help maintain 911 emergency response times to continue saving lives, or provide sufficient police patrols in neighborhoods and business areas to keep residents and their property safe; and WHEREAS, prior to this year’s rainy season, independent engineers rated nearly two-thirds of Cathedral City’s streets and roads as “fair,” “poor,” or “very poor”; and the roads have only gotten worse; and
WHEREAS, the City does not have the funding needed to complete street and pothole repairs before the problem gets even worse and more expensive to fix; and WHEREAS, in 2010 the voters of the City of Cathedral City approved Measure H establishing a one cent transactions and use tax for a period of five years, and in 2014 the voters of the City of Cathedral City approved Measure B removing the sunset date on the tax and allowing it to be levied unless and until it is repealed by the voters; and WHEREAS, a citizens safety ad-hoc committee that reviewed the city’s fiscal condition has recommended a local measure be placed on the ballot for voters to consider to increase the City’s transactions and use tax by one-half cent; and
WHEREAS, the measure would provide and additional source of local funding to help maintain basic services, including 911 medical emergency, paramedic, fire protection and police response, addressing homelessness, road and pothole repair, keeping parks safe and secure, and maintaining disaster repones services with funding that the state cannot take; and WHEREAS, the measure includes tough accountability provisions and fiscal safeguards including public disclosure of all spending and annual independent financial audits; and 4865-7766-8818 v1
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6 WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that any general tax must be approved by a majority vote of the voters voting on the issue; and WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that an election by the voters to approve a general tax must be consolidated with a statewide general election at which members of the City Council will be elected; and
WHEREAS, November 5, 2024 is the date of the statewide general election at which members of the City Council will be elected.

THE PEOPLE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA HEREBY ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 3.44 AMENDED. The following amendments are made to Chapter 3.44 of the Cathedral City Municipal Code, with deletions shown in strikethrough and additions shown in underline:

A. Section 3.44.030 (Purpose), paragraph A, is amended to read as follows:
“A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, which authorizes the city to adopt the tax ordinance codified in this chapter which shall be effective for a period of five years if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.”
B. Section 3.44.050 (Transactions tax rate) is amended to read as follows:
“For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city at the rate of one and one-half percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of the ordinance codified in this chapter.” C. Section 3.44.070 (Use tax rate) is amended to read as follows:
“An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this chapter for storage, use or other consumption in said territory at the rate of one and one-half percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.”
SECTION 2. CEQA. This activity is not a “Project” as defined under Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a financing decision without commitment to a specific project that may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.

SECTION 3. SEVERABILITY. If any provision of this Ordinance is held invalid, such invalidity shall not affect the remaining provision of this Ordinance, which shall remain in effect 4865-7766-8818 v1
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6 absent the provision held to be invalid, and to this end, the provisions of this Ordinance are declared to be severable.

SECTION 4. ELECTION REQUIRED; EFFECTIVE DATE. This ordinance shall be submitted to the voters at the regular municipal election to be held on November 5, 2024. This ordinance shall not become operative unless and until a majority of the electors voting on the measure vote to approve this ordinance, in which case this ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council.

PASSED, APPROVED, AND ADOPTED BY THE PEOPLE OF THE CITY OF CATHEDRAL CITY AT THE REGULAR MUNICIPAL ELECTION HELD ON THE 5TH DAY OF NOVEMBER, 2024.

ATTEST:
____________________________
Tracey R. Hermosillo, City Clerk
Staff Report
City Council
Item No. 5.B
Meeting Date: July 24, 2024
From: Anne V. Ambrose, Assistant City Manager
Title: Proposed Public Arts Commission Grant Process
RECOMMENDATION:

To approve the Public Arts Commission recommendation for a grant process for the PAC grant program.

BACKGROUND:

At the January 10, 2024 City Council meeting, staff presented a study session on the use of Art in Public Places funds for arts education programs. During that session, the City Council directed staff to create three programs funded out of the general fund to fund educational or art activities separate from the permanent public art funded by the Art in Public Places fund:
•a grant program, similar to the City Council community grants program (see attached application) to fund art programming and education endeavors. An application process will be developed, the Public Arts Commission will review and present to the City Council the applications they recommend be awarded grants, and the City Council will consider and approve the final grant awards. •a general fund budget will be provided to the Public Arts Commission, similar to the budget provided to the Parks and Community Events Commission to conduct commission-directed activities or recommendations for event sponsorships. •a general fund maintenance budget to the care of the City’s permanent public art collection.

The liaison to the Public Arts Commission briefed the Commission on the City Council’s direction at their meetings on April 9, 2024 and March 12, 2024 and the commission expressed support for the two new funding programs.

DISCUSSION:

At the June 11, 2024 meeting, the Commission discussed and made recommendations on the application for the new grant program. The Commission commenced a robust discussion on the grant. The definitions of what would constitute ‘art’ or ‘art education’ would follow the definitions articulated in section 11.45.020 of the City’s municipal code for the Art in Public Places program. The Commission have proposed criteria for the grant application as listed below:
•Programming/art must occur/be shown/be installed in Cathedral City and should be open and accessible to the public.
•Applicants can be individuals or organizations.
•All artistic disciplines are welcome to apply (artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creatives.) •Applicants do not need to be from Cathedral City.
•If an event is proposed, the cost to attend the event funded by the grant must be free to participants.
•Applicants can apply for grants from $250.00 to $10,000. The Commission wanted to have some leniency to recommend an amount lower or higher than requested if justified.
•Eligible costs can include artist fees, materials, supplies, advertising, travel, facilities, installation costs, and rentals.
•Applicants must complete their proposed activity by June 30, 2025.

If the City Council approves the grant application tonight, staff will launch the application on Monday July 29, 2024. Applications will be due by 5:00pm on Friday, August 30, 2024. At the next Public Arts Commission meeting on September 10, 2024, the Commission will need to decide on the evaluation process and either set a special meeting to review applications or calendar the application review at their regular meeting on October 8, 2024. The earliest practical meeting that applications can come to the City Council for review would be October 23, 2024 for the Council’s approval. As this grant program is starting almost at midyear, the applicants will have a shorter period in which to complete their grant funded activities by June 30, 2025. In future years, staff will begin the application process earlier so that final City Council approval will be achieved by June and the grant will have a performance period beginning July 1 – June 30.

FISCAL IMPACT:

The City Council has authorized $20,000 for the Community Arts Grant Program.

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2024-2025 Public Art
Grant Program
100-500-510-
513-8650-8658 N/A $20,000 Ongoing
2024-2025 Total $20,000
FIVE-YEAR STRATEGIC PLAN:

Goal F: EMBRACING, INCLUSIVE COMMUNITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options and vibrant businesses. Our neighborhoods are attractive, well-maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.

F-3 Promote additional community events and celebrations.

F-8 Continue to facilitate the attraction and promotion of community events which celebrate our diversity, build a cohesive community, and support local businesses.

ATTACHMENTS:

1. Proposed Grant Application

CITY OF CATHEDRAL CITY
FISCAL YEAR (FY) 2024-2025

COMMUNITY ARTS GRANT PROGRAM

To be considered for funding, a complete application must be submitted by:
• Hard copies - postmarked by August 30, 2024
• Electronic copies - received by 5:00pm on Friday August 30, 2024. • Electronic submittal is preferred.

BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments.

We are delighted to announce the opening of the application period for the Community Arts Grant Program o
ffered by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.

The Community Arts Grant Program seeks to fund innovative art projects that engage and enrich the community. We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative- types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to include art expressed in any medium, including, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums ; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tou rs, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means.

We encourage artists and organizations from all backgrounds and disciplines to apply for the Community Arts Grant Program and join us in creating inspiring art and cultural experiences that enrich our community. We look forward to receiving your applications and supporting the realization of your creative visions.

APPLICATIONS ARE DUE BY 5:00PM FRIDAY, AUGUST 30, 2024
Late applications will not be accepted.

Submit application to:
[email protected]
or
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Anne Ambrose, Assistant City Manager/
Public Arts Commission Liaison

ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
• Applicants must submit a complete application including project proposal, budget, timeline and supporting materials.
• Applicants can be an individual (must complete a W-9), a non-profit 501(c)(3) organization, private entity, government, school, or tribal agency.
• Applicants must demonstrate that the activity proposed occurs within the geographical boundaries of the City of Cathedral City.
• Individual/Organizational residency in Cathedral City is not a requirement as long as the proposed project occurs in the City.
• Any activity proposed must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the activity is open to the general public or is open to members of the public who timely reserve participation in the activity.

Space for participants may be limited and the activity may be provided for only a limited time.

Activities may be held in the facilities of public entities, non -profit or charitable organizations, and private facilities, provided that at tendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. • Grant activities must be completed by June 30, 2025.
• Grant recipients must comply with all grant requirements and reporting obligations.

GRANT APPLICATION CHECKLIST
• Community Art Grant Program Application
• Samples of art/performances /events completed relevant to the proposed project. Include attachments or links to bio’s, social media or websites. Submitted attachments can be no larger than 20mb.
• Letters of support. Optional but encouraged. Include letters of support from community partners, stakeholders, or collaborators endorsing your project and/or confirming their involvement.

APPLICANT INFORMATION:

NAME (INDIVIDUAL OR ORGANIZATION):

ADDRESS:

CITY: STATE: ZIP:

CONTACT PERSON: TITLE:

TELEPHONE: EMAIL:

ORGANIZATION PRESIDENT OR CHAIR (IF APPLICABLE):
(Legal authority for organization)
IF NON-PROFIT, INCLUDE 501(c)3 number:

PROGRAM / SERVICE / EVENT INFORMATION:

GRANT AMOUNT REQUESTED Minimum $250 Maximum $10,000 :

TOTAL PROGRAM / SERVICE / EVENT/ART COST:

Program/Service/Event Period or Date
Funding must be expended by 6/20/2025)
From: To:

1. Describe H ow The Requested Funds Will Be Used: (Include artistic concept, intended audience, community engagement strategies. Do you have community partners that will be involved in implementing this project? If so, please list along with their roles).

2. Budget: ( Provide a comprehensive budget for your project. Budget should include total grant funds requested, all project expenses including artist fees, materials, installation costs, rentals, advertising, travel costs . Do you have other funding that will be leveraged/used with these funds? If so, please include.)

3. Briefly D escribe Your/Your Organization’s Background. (Describe your/your organization’s background and experience. Provide examples of any relevant work, images, or links to online portfolios that have relevance to the project being proposed. Describe your/your organization’s capacity to execute the proposed activities.)

4. Timeline: (Provide a timeline outlining key project milestones and activities from conception to completion.)

5. What Do You Ultimately Hope To Accomplish Through Your Proposed Art/Program/Event? How Will It Enrich Cathedral City? (Describe your goals and objectives and how many people you hope to impact as a result of your project.)

6. If Your Art/Program/Event Costs More Than You Are Requesting From The Community Arts Grant Program, How Do You Plan To Pay For The Additional Costs? ( What Steps Have You Already Taken To Get Additional Funds Or In- Kind Support If Necessary?)

7. Do You Plan To Continue This Art/Program/Event Beyond The Period For Which You Have Requested The Funds? If So, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your/your organization’s history of maintaining services/programs.)

8. (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

*Attachments may be included with your submission. If including photos, files can be no larger than 20 mb.

Questions: Please email [email protected] or call Anne Ambrose, Public Arts Commission Liaison at (760) 770-0331.

Staff Report
City Council
Item No. 5.C
Meeting Date: July 24, 2024
From: Anne V. Ambrose, Assistant City Manager
Title: Greater Coachella Valley Chamber of Commerce Service Provider Agreement for Fiscal Year 2024/2025
RECOMMENDATION:

To approve a service provider agreement between the City of Cathedral City and the Greater Coachella Valley Chamber of Commerce for FY 2024/2025 and to authorize the City Manager to execute the agreement.

BACKGROUND:

The City of Cathedral City has had a chamber of commerce since 1981. This City/Chamber partnership has served and supported Cathedral City businesses through economic expansion and retractions over the last 43 years. In 2017, due to a history of financial and managerial struggles, Cathedral City’s standalone chamber of commerce merged with the Greater Coachella Valley Chamber of Commerce ("GCVCC" or "Chamber"). This new partnership provided Cathedral City businesses with previously unavailable resources, a broader network of prospective customers and business partners, and a staff of experienced chamber professionals.

Founded in 2017, GCVCC has become the Coachella Valley's largest business advocacy, marketing, and networking organization. Since its inception, GCVCC has won multiple awards from the Western United States Association of Chamber Executives. Currently, five of the nine Coachella Valley cities contract with GCVCC to provide chamber services. In addition to advocacy, these services include networking events, achievement awards, art shows, car shows, Gem of the Desert magazine, educational classes, email and social media marketing, and basic business engagement. Indian Wells, Palm Desert, Palm Springs and Rancho Mirage maintain stand-alone chambers of Commerce providing services similar to the services provided by GCVCC.

DISCUSSION:

GCVCC provides vital support to the City’s economic development efforts. GCVCC has been engaged to, “improve the financial health and resilience of Cathedral City businesses by (i) improving access to resources and best practices, (ii) improving the connections between and among Cathedral City businesses and the broader Coachella Valley business community, and (iii) improving Cathedral City businesses’ visibility and ability to attract new and repeat customers.

The service provider agreement focuses Chamber efforts on the following four areas:

1.Business Support and Engagement Services - Administration cost: $30,000 Objective: The Chamber will host and produce resources to support entrepreneurial interests; professional, business, and workforce development; and industry.

2.City Marketing - Administration cost: $12,000
The Chamber of Commerce will proactively market city assets, events, and businesses. The goal of these marketing efforts is to (i) increase economic activity within the City, (ii) improve the positive public perception of Cathedral City, (iii) raise property values and (iv) add to the City’s tax base.

3.Event Services – $25,100
The Chamber and City will collaborate on the production of business and community- oriented events within the city. The city commits to sponsoring a variety of Chamber special events throughout the year. The event services/sponsorships activities will include the production of the State of the City event, city sponsorship of the Annual All-Valley Mayor’s event, sponsorship at other city State of the City events, and the Annual Business Awards and Installation.

4.Volunteer Services – No Charge
The Chamber of Commerce will commit to hosting a promotional chamber booth at the following special events in Cathedral City: The Cathedral City Hot Air Balloon Festival, LGBTQ Days, and the Taste of Jalisco in 2024. Additionally, the Chamber will staff its booth with volunteers for the duration of the event.

There are two changes in the proposed service agreement for FY 2024/2025. First, there is a projected 15% increase in the cost of producing the State of the City event for the coming year, based on continuing cost increases for catering and facility rentals. Additionally, the current proposal also includes a reduction for the maintenance of the Shop Local website.

With the City restructuring Economic Development with the hiring of the new Economic Development Manager and analyst, staff are going to internally review and re-evaluate the best way to promote shopping local.

FISCAL IMPACT:

The total fiscal impact of the proposed FY 2024/2025 agreement is $67,100, less than the original $73,436 budgeted in its professional services budget for 2024/2025, resulting in a savings of $6,336.

1. Economic Development and Business Support $30,000

2. City Marketing $12,000

3. Special Events/Sponsorships (State of the City, Other Events & Volunteering)
$25,100
2024/2025 Fiscal Year Contract (Full year of Chamber services plus 2025 State of the City)
$67,100

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2024-2025
Annual
Agreement with
GCVCC
100-100-130-
135-8600-8601 N/A $67,100 Annual
2024-2025 Total $67,100
FIVE-YEAR STRATEGIC PLAN:

Action F-6 Promote additional community events and celebrations.

Action F-12 Continue to facilitate the attraction and promotion of community events which celebrate our diversity, builds a cohesive community, and supports local business.

ATTACHMENTS:

1. Agreement
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City and Greater Coachella Valley Chamber of Commerce 2024/25

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE

This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2024 by and between the City of Cathedral City , a municipal corporation (“City”) and the Greater Coachella Valley Chamber of Commerce, a 501(c)(6) non-profit corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of a proposal for the performance of the services for business retention and expansion, cooperative marketing programs, as well as traditional Chamber functions, as defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

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

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for twelve (12) months commencing on July 1, 2024.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, ma y choose not to enforce the Default provisions of this Agreement and may instead allo w Service Provider to continue performing the Services.

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City and Greater Coachella Valley Chamber of Commerce 2024/25 SECTION 3. ADDITIONAL SERVICES.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed sixty-seven thousand one-hundred dollars ($ 67,100.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall include a copy of the quarterly report based on Exhibit A summarizing activities , a statement of assets, liabilities and Owner’s Equity for the same quarter as submitted invoice, and a statement of activities to budget performance report for the same quarter as the submitted invoice. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor ’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any 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.”
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City and Greater Coachella Valley Chamber of Commerce 2024/25 SECTION 6. OWNERSHIP OF DOCUMENTS.

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

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, s tudies, surveys, reports, data, notes, computer files, files or other documents. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such f inal work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be s ufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this A greement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed - 4 -
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City and Greater Coachella Valley Chamber of Commerce 2024/25 upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontr actors, 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. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. - 5 -
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City and Greater Coachella Valley Chamber of Commerce 2024/25 (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, 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.

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

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
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City and Greater Coachella Valley Chamber of Commerce 2024/25 (a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor ’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (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.

All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. The Contractor and the City shall work together in identifying certain drafts/documents/reports prepared by the Contractor for the City, which shall be kept strictly confidential until such time the City authorizes the release of said information. The Contractor shall not disclose to any other entity or person any information regarding the activities of the City except as required by law or as authorized by the City. All financial reports provided by the Contractor to the City shall be deemed confidential and shall not be released publicly without prior written approval of the Contractor or as required by law. (a) 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.
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City and Greater Coachella Valley Chamber of Commerce 2024/25 (b) 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 reim bursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor ’s conduct.

Contractor shall promptly notify City should Contractor , its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions 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. Contr actor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, 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 - 8 -
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City and Greater Coachella Valley Chamber of Commerce 2024/25 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 off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor ’s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor , in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and - 9 -
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City and Greater Coachella Valley Chamber of Commerce 2024/25 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 perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor , or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.

Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, - 10 -
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City and Greater Coachella Valley Chamber of Commerce 2024/25 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: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: Greater Coachella Valley Chamber of Commerce Attn: President/Chief Executive Officer
45149 Smurr St., Ste A
Indio, CA 92201

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.
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City and Greater Coachella Valley Chamber of Commerce 2024/25 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.

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 wri tten, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, - 12 -
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City and Greater Coachella Valley Chamber of Commerce 2024/25 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.
[SIGNATURES ON FOLLOWING PAGE]

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City and Greater Coachella Valley Chamber of Commerce 2024/25

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

APPROVED AS TO FORM
_______________________________
Eric Vail
City Attorney

GREATER COACHELLA VALLEY

CHAMBER OF COMMERCE
____
Brandon Marley
President/CEO

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EXHIBIT A

SCOPE OF SERVICES
Objective: Improve the financial health and resilience of Cathedral City businesses by (i) improving access to resources and best practices, (ii) improving the connections between and among Cathedral City businesses and the broader Coachella Valley business community, and (iii) improving Cathedral City businesses’ visibility and ability to attract new and repeat customers.

Cathedral City businesses will benefit from the Greater Coachella Valley Chamber of Commerce’s (GCVCC or Chamber) collaboration with the City of Cathedral City. The Chamber will gather information and share data with the City to aid in preserving, fostering, and growing the City’s business community. In short, the Chamber will support the city’s business retention and expansion efforts.

1. Business Support and Engagement Services
Administration cost: $30,000
Objective: The Chamber will host and produce resources to support entrepreneurial interests; professional, business, and workforce development; and industry. These services may include collaborating with other agencies to serve the best interests of Cathedral City businesses.

a) Treat all Cathedral City businesses equally regardless of GCVCC membership status.
b) The Chamber contact new Cathedral City businesses following the City’s Finance Department providing to the Chamber a monthly list of new business licenses.

Businesses will be offered at least two complimentary admissions to GCVCC networking or education events.
c) The Chamber will respond to all business requests and/or referrals within 48 business hours.
d) As needed, the Chamber may serve as a liaison between the City and other business support service providers (e.g., the Small Business Development Corporation, SCORE, the Coachella Valley Economic Partnership etc.) e) The GCVCC will host a regular GCV Educates series (in- person or virtual) GCV Educates provides valuable information to businesses on how to improve their business and/or professional development. Beyond GCV Educates, the Chamber will support and provide resources to Cathedral City businesses as requested. f) In concert with the City of Cathedral City, the Chamber will conduct periodic surveys and outreach to the local business community. Survey results will be shared with City of Cathedral City.

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g) Notify the City of Cathedral City promptly of inquiries of economic interest to the City and inquiries necessitating a response by the City. h) Refer inquiries to businesses outside the City only if no equivalent service exists within the City.

2. City Marketing
Administration cost: $12,000
The Greater Coachella Valley Chamber of Commerce will proactively market city assets, events, and businesses. The goal of these marketing efforts is to (i) increase economic activity within the City, (ii) improve the positive public perception of Cathedral City, (iii) raise property values, (iv) add to the City’s tax base.

The Chamber will seek to connect Cathedral City-based businesses with businesses and/or customers outside of City limits.

For all City or Chamber-related events within Cathedral City, the chamber will use its social media, e-newsletters, and webpages to cross-promote events. The City of Cathedral City may submit news on a weekly basis for inclusion in the Chamber e- newsletter.

3. Event Services
Total cost for event services: $25,100

The Chamber and City will collaborate on the production of business and community- oriented events within the City. The City commits to sponsoring a variety of GCVCC special events through the year.

The Chamber will assume liability for all GCVCC- controlled events and services listed herein and name the City as additional insured. In instances where events have multiple controlling agencies, liability for events should be shared appropriately. The Chamber will not carry financial liability for events or services they do not control nor have primary coordinating responsibility. If a service or event is not fulfilled, the City may re- appropriate the funds towards another service.

Annual State of the City
Event sponsorship: $22,500
The Greater Coachella Valley Chamber of Commerce has historically produced an Annual State of the City event with sponsorship from the City. As the format, costs, festivity, and production of special events continues to evolve, the Chamber aims to offer the City a basic event package with upgrade opportunities to enhance the event’s design.

The City’s custom sponsorship of the Annual State of the City event includes registration for three tables of eight guests at the event. Additional seats or tables will be made available to the City at list price.

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The City is responsible for meeting the following milestones. Failure to meet these milestone deadlines may affect sales, marketing, and overall event outcomes. The City shall generate calendar dates for milestone meetings with the Chamber 6- months, 3- months, 2-months, and 1-month from the event to help ensure milestones are met.

Milestones Objectives
4-6 months prior to event Identifying the Event Design Scheme or Theme (e.g. colors, themes)
4-6 months prior to event Determining the format of the event (e.g. moderated panel, keynote speaker, etc.)
4-6 months prior to event Determining a loose framework for the events/actual timeline
6 months prior to event Selecting a venue from what the Chamber has proposed
13-14 weeks prior to event Proof period for marketing materials and graphic design elements

The City’s State of the City event package includes:

1. Event planning, coordination, & day of event production

2. Vendor coordination & management

3. Graphic design & invitation design (does not include printed invitations)

4. Standard marketing efforts through the Chamber network

5. Invitation & registration management

6. Business awards

7. Basic stage design (podium, microphone, flag display, & foliage)

The base package does not include printed invitations nor programs. Standard Chamber marketing efforts include e-blasts, calendar invitations, web listings, and social media sharing. The City is responsible for co-marketing the event through its database of businesses licensed in the City and its greater business network. The City’s promotion of the event shall include reference of GCVCC as the primary event host. The base package accounts for an event featuring a breakfast, lunch or dinner component. It does not include dinner events or upgraded menus above market price banquet menus.

Stage design is limited to a podium, microphone, flag display, and foliage. The City may further customize the base package at additional expense to the City. Upgrades, additions, or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued. Such upgrades, additions and/or enhancements may include (but are not limited to): AV enhancements, outdoor event packages, or advertising enhancements.

GCVCC Special Event Sponsorships

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The City commits to sponsoring GCVCC special events (outlined below). The Chamber will provide the City with necessary PR and marketing materials for all sponsored events.

The Annual All Valley Mayor’s Event
Event sponsorship: $900 ($1,250 Value)

The City agrees to purchase a table at the Annual All Valley Mayor’s Event.

Other City State of the City Events
Event sponsorship: $800

The City commits to a minimum of two registrations to the following Special Events:

City of Coachella State of the City, City of Desert Hot Springs State of the City, City of Indian Wells State of the City, City of Indio State of the City, City of La Quinta State of the City. Additional seats may be purchased at list rates.

The Annual Business Awards & Installation Event
Event sponsorship: $900 ($1,250 Value)
The City agrees to purchase a table at the Annual Business Awards and Installation Event.

5. Volunteerism:

Administration cost: No charge

The Greater Coachella Valley Chamber of Commerce will commit to hosting a promotional chamber booth at the following Special Events in Cathedral City: The Cathedral City Hot Air Balloon Festival, LGBTQ Days, and the Taste of Jalisco in 2024.

Additionally, the Chamber will staff its booth with volunteers for the duration of the event.

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EXHIBIT "B"

COMPENSATION

Greater Coachella Valley Chamber of Commerce
Payment Program for City of Cathedral City
Fiscal Year 2024/2025

Section 1: Compensation.

The City shall pay Contractor an amount not to exceed seventy -seven thousand one- hundred dollars ($77,100.00). The costs for services are broken down as follows:

Economic Development & Business Support $30,000
City Marketing $12,000
Special Events (State of the City, Other Events, Volunteering) $25,100

2024/2025 Fiscal Year Contract (Full year of Chamber services plus cost of 2025 State of the City
$67,100

Section 2: Invoices
The Service Provider shall submit quarterly invoices to the City’s Accounting Manager with a copy to the City’s Director of Economic and Community Development at the end of each quarter.

For the purposes of this Agreement, quarters end on:

Payment 1: September 30, 2024 Payment 2: December 30, 2024 Payment 3: March 31, 2025 Payment 4: June 30, 2025

Invoices along with required documentation shall be submitted within thirty (30) days of the end of each quarter.

Section 3: Required Documentation
In one standard PDF file printable on 8.5” x 11”, each quarterly invoice shall include a copy of:

1. Quarterly report based on Exhibit “A” summarizing activities;

2. Exhibit “B” Payment Program from the current Service Provider Agreement;

3. Statement of Assets, Liabilities, and Owner’s Equity for the same quarter as the submitted invoice; and

4. Statement of Activities Budget Performance for the same quarter as the submitted invoice.

Section 4: Payment
The City shall pay the Contractor within thirty (30) days of receipt of an invoice, except as otherwise provided for herein. The contract will be paid in equal quarterly installments. The City reserves the right to adjust the final payment (Payment 2) for any services required in Exhibit “A” but not completed.

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EXHIBIT "C"

INSURANCE

A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the S ervices by Contractor , its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.

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

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).

(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.

(3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:

(1) Commercial General Liability. $2,000,000 general aggregate for bodily injury, personal injury and property damage.

(2) Automobile. $1,000,000 per accident for bodily injury and property damage. 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 set forth above.

(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

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

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

2. Commercial General Liability and Automobile Liability Coverages.

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

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

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

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

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

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

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

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

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

Staff Report
City Council
Item No. 5.D
Meeting Date: July 24, 2024
From: John A. Corella, Director of Public Works
Title: Agreement with the City of Palm Springs and the Coachella Valley Water District Regarding the Ramon Road Widening (from San Luis Rey Drive to Landau Boulevard) Including the Whitewater Bridge Widening, City Project No CIP 2500, Federal-Aid Project No. BHLS-5282(040).

RECOMMENDATION:

To approve an agreement with the City of Palm Springs and the Coachella Valley Water District (CVWD) for the construction of the Ramon Road Widening (San Luis Rey to Landau Boulevard) including the Whitewater River Bridge Widening, City Project No CIP 2500, Federal-Aid Project No. BHLS-5282(040); and authorize the City Manager to execute all necessary documents.

BACKGROUND:

The Ramon Road Bridge Widening project over the Whitewater River (Project) consists of widening Ramon Road to its full 6-lane width from San Luis Rey Drive to Landau Boulevard including widening the bridge over the Whitewater River. In this road section, the city boundary runs along the centerline of Ramon Road separating the City of Palm Springs to the south with the City of Cathedral City to the north. The bridge structure crosses the Whitewater River Channel which is under the jurisdiction of Coachella Valley Water District (CVWD).

The Project is being developed in coordination with the City of Palm Springs, who is acting as the lead agency, and is funded with federal funds from the Highway Bridge Program (HBP) administered by Caltrans, and with regional and local contributions from the Coachella Valley Association of Governments (CVAG), the City of Palm Springs and the City of Cathedral City.

As a result of the widening of the bridge, there will be channel improvements made to the existing slope lining within the Whitewater River and construction of larger bridge pier walls, which impact CVWD stormwater facilities and will encroach on CVWD Property. The design team has worked closely with CVWD to meet the channel hydraulic requirements in their jurisdiction.

DISCUSSION:

CVWD requires a formal agreement for any construction within their jurisdiction along the Whitewater River channel. The agreement provides that the City of Cathedral City will be responsible for all construction, operation, and maintenance activities for channel improvements within the City of Cathedral City. The locations and limits of the channel improvements are shown in Exhibit C, Channel Maintenance Responsibility Plan of the CVWD agreement, that is attached to this report for reference.

The City Council of the City of Palm Springs has approved their portion of the agreement with CVWD at their June 13, 2024, council meeting.

Staff, along with legal counsel, have reviewed the proposed agreement and support the approval by the Council.

Staff recommends the City Council approve the agreement regarding the Ramon Road Widening project over the Whitewater River with the City of Palm Springs and the Coachella Valley Water District (CVWD) for the construction of the Ramon Road Widening (San Luis Rey to Landau Boulevard) including the Whitewater River Bridge Widening, City Project No CIP 2500, Federal-Aid Project No. BHLS-5282(040); and authorize the City Manager to execute all necessary documents.

FISCAL IMPACT:

The approval of the agreement will have minimal fiscal impact when the construction of the bridge is completed. The improvements related to the bridge structure located within the city limits will be maintained by the city’s Public Works Department. These maintenance responsibilities will be absorbed into the Public Works Department’s day-to-day responsibilities and associated costs will be included in the future maintenance budgets.

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. CVWD Ramon Road Bridge Widening Agreement

AGREEMENT REGARDING THE

RAMON ROAD WIDENING PROJECT OVER THE WHITEWATER RIVER

This Agreement Regarding the Ramon Road Widening Project (“Agreement”) is entered into this day of , 20 (“Effective Date”), by and between the CITY OF PALM SPRINGS, a California municipal corporation (“Palm Springs”), and the CITY OF CATHEDRAL CITY, a California municipal corporation (“Cathedral City”) and the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California (“CVWD”). Palm Springs, Cathedral City, and CVWD are sometimes referred to herein individually as a ”Party” or collectively as “Parties”. Palm Springs and Cathedral City are sometimes referred to herein collectively as “Cities”.

RECITALS

A. Palm Springs is administering a project to widen the road bridge (“Project”) of Ramon Road over the Whitewater River Stormwater Channel (“WWRSC”).

B. CVWD operates and maintains the WWRSC on Assessor’s Parcel Number (“APN”) 680-170-014, 680-170-053, and 677-420-023 as a regional flood conveyance and control channel to protect human life and property and for related purposes (“CVWD Stormwater Facilities”).

C. CVWD holds certain stormwater easement rights on APN 680-170-014, 680-170- 053, and 677-420-023 (collectively “CVWD Property”).

D. CVWD previously issued Encroachment Permit 040517-4-002 to the Riverside County Road Department on June 9, 1981 to construct the existing road bridge. However, said Encroachment Permit was never assigned or otherwise transferred to the Cities in order to formally permit the construction and location of the existing road bridge.

E. The Project will impact CVWD Stormwater Facilities and will encroach on CVWD Property.

F. The Parties desire to enter into this Agreement to establish the responsibilities of each Party.

NOW THEREFORE, THE PARTIES AGREE TO THE FOLLOWING:

AGREEMENT

1. CITIES’ RESPONSIBILITIES

A. To be solely responsible for all cost and expense of project management, planning, environmental, design, and construction work on the Project. Any consultants or contractors hired by the Cities will be subject to the terms and conditions of this Agreement, as applicable.

B. To comply with CVWD’s rules, regulations, ordinances, and procedures regarding the design, installation, and construction of the Project, including but DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A not limited to CVWD’s Development Design Manual, and design standards, as may be amended by CVWD and the CVWD Board of Directors (“Board”) from time to time (collectively, “Rules”).

C. To keep itself and all contractors, staff, and employees fully informed of and in compliance with all local, state, and federal laws, rules, and regulation that may impact, or be implicated by the construction of the Project including, without limitation, the Federal Emergency Management Agency’s floodplain management requirements; CVWD Ordinance No. 1234; Cities’ equivalent ordinance or Riverside County Ordinance 458; all applicable provisions of the local ordinances regulating discharges of stormwater; the Federal Water Pollution Control Act ( 33 U.S.C 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code 13000 et seq).; and any and all regulations, policies, or permits issued pursuant to any such authority. These include but are not limited to California Regional Water Quality Control Board, Colorado Region, Order No. R7-2013-0011 (NPDES Permit No. CAS617002) and State Water Resources Control Board Order NO. 2010-0014-DWQ, Order No. 2009-0009-DWQ, and Order NO. 2012-0006-DWQ.

D. To be responsible for compliance with the laws of the State of California and the United States applicable to the design and construction of the Project, including but not limited to, applicable state and federal environmental laws, such as the California Environmental Quality Act (“CEQA”), the National Environmental Policy Act (“NEPA”), California Public Resources Code section 21000 et seq., and the Federal Species Act and the California Endangered Species Act, (collectively “Environmental Laws”).

E. To the extent permitted by law, indemnify and hold harmless CVWD, its official, offers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liability of any kind or nature (“Claims”) which CVWD, its officials, officers, agents, employees and authorized volunteers may sustain or incur for Cities’ noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the improvements and Project, except for Claims resulting from the sole established negligence, willful misconduct or active negligence of CVWD, its officials, officers, agents, employees or authorized volunteers.

F. Prior to construction of the Project, submit the Project’s construction plans (“Plans”) to CVWD for CVWD’s review and approval, which shall not be unreasonably withheld. CVWD shall approve or disapprove the Plans in writing within a reasonable amount of time after submittal to CVWD. In the event CVWD disapproves the Plans, Cities shall modify the Plans in accordance with the reasons given for disapproval and shall resubmit the revised Plans to CVWD for approval. This procedure shall continue until the Plans have been approved by CVWD.

G. To not allow any utilities to be constructed within the Project or CVWD Property without prior approval from CVWD, which shall not be unreasonably withheld.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A H. To provide certain insurance requirements, including the following:

i. Cities, along with any contractors or subcontractors of the Cities, shall throughout the term of the Agreement, comply with and maintain the insurance coverages described in the Exhibit A.

ii. CVWD’s insurance requirements are periodically updated to reflect adjustments in insurance amounts and types of coverage. CVWD will provide written notice to the Cities of changes in the insurance requirements, after which the Cities will have thirty (30) calendar days within which to implement any changes and provide proof of coverage.

I. To provide certain operation and maintenance responsibilities, including the following:

i. Operate and maintain the Project and the existing road bridge.

ii. Maintain concrete aprons and associated cutoff walls beneath the bridge, as detailed in Exhibit C.

iii. Prohibit and enforce, to the extent permitted by the law, the prohibition of camping or overnight occupancy on the Project. Post appropriate signage at the Project location to provide notices of these prohibited activities.

iv. Maintain reasonable security precautions and programs to protect the Project against vandalism, graffiti, theft, arson, or other similar actions.

v. Allow CVWD access for purposes related to the operation, maintenance, and repair of CVWD Stormwater Facilities.

vi. Cities shall notify CVWD Right-of-Way Division a minimum of 72-hours for any planned maintenance activities by Cities’ staff.

vii. For emergency repairs and maintenance, the Cities shall endeavor to notify CVWD as soon as possible about the emergency repairs.

viii. If the Cities contract any of the operations, maintenance, repairs, and construction work, the Cities’ contractor shall apply for a construction permit with CVWD Right-of-Way Division and comply with all the requirements including insurance and indemnification. The Cities’ Contractor (as defined herein) shall allow for a minimum of 30 calendar days for CVWD to process the construction permit.

J. To follow certain pre-construction requirements, including the following:

i. Following receipt of CVWD’s approval of the Plans and prior to construction, Cities shall do the following:

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A a. Employ, a qualified contractor or contractors (collectively, “Cities’ Contractor”) properly licensed by the State of California, to construct and complete the Project.

b. Invite a CVWD representative to any pre-bid meetings for the Project.

c. Require Cities’ Contractor to hold a preconstruction meeting with CVWD a minimum of 7 calendar days before mobilization to the Project. At such meeting there shall be at least one (1) representative of CVWD, Cities and Cities’ Contractor. At such meeting (or, prior to), Cities shall pay to CVWD an inspection services deposit for inspection services required by CVWD.

CVWD shall deduct from said inspection services deposit all reasonable expenses of CVWD, including, but not limited to, CVWD’s agents, employees, consultants, or independent
contractors, to inspect the Project. CVWD shall handle such deposit consistent with CVWD’s rules, regulations and procedures with respect to such deposits. The inspection services deposit is a minimum required amount and may be modified in CVWD’s sole discretion, based on the project size, complexity, or impacts to CVWD. CVWD may elect to use consultants to perform the inspection services for this Project based on either technical needs and/or staff availability.

K. To follow certain construction requirements, including the following:

i. Cities’ Contractor shall name CVWD as an additional insured in the insurance policies provided by Cities’ Contractor pursuant to the Cities’ construction contract with the Cities’ Contractor.

ii. Cities shall include CVWD and the CVWD Indemnitees as defined herein, as indemnitees in the indemnification clause in the Cities’ construction contract with the Cities’ Contractor.

iii. Cities shall require the Cities’ Contractor to comply with the applicable Occupational Safety and Health Administration (“OSHA”) standards and requirements, including, but not limited to, submitting construction and shoring plans.

iv. Cities shall pay all valid and undisputed charges from all contractors, subcontractors and suppliers supplying goods or services to Cities for the Project and shall keep the Project free and clear of any liens related to such charges. Cities shall indemnify CVWD for all claims, losses, damages, liabilities and expenses resulting from any liens filed against Project in connection with such charges; provided, however, that Cities shall have the right to contest any such lien, so long as it provides a statutory bond or other reasonable assurances of payment that either remove such lien from title to the Project or that assure that any adverse DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A judgment with respect to such lien will be paid without affecting title to the Project.

v. The Project shall be installed in strict compliance with the approved Plans. Any request for deviations from the approved Plans related to CVWD’s Stormwater Facilities must be submitted to CVWD in writing by the Cities and shall include approval by the Project’s engineer-of-record.

The Cities shall provide CVWD with 21 calendar days to review and approve any proposed changes to the approved Plans. CVWD shall not be responsible for any cost or schedule impacts due to any changes to the Plans except to the extent caused by not reviewing and approving proposed changes to the Plans in a timely manner. At Cities’ sole risk, Cities’ Contractor may construct CVWD facilities that deviate from the approved Plans. However, the deviated work is subject to rejection at no cost to CVWD, if CVWD does not subsequently approve the proposed changes to the Plans.

vi. Construction of the Project will be limited to the Temporary Construction Easements as shown in Drawing Nos 49187 through 49203. The Temporary Construction Easement shall expire when the Cities files and records a Notice of Completion with the County of Riverside.

vii. Cities shall provide CVWD representatives with reasonable access for inspection purposes. It is understood and agreed that CVWD’s inspection personnel shall have the authority to enforce the Plans with the Cities.

Nothing herein shall be construed to grant CVWD direct control over Cities’ Contractor or anyone but Cities or its designee. CVWD’s inspection does not include inspection for compliance with safety requirements by Cities’ Contractor. Any inspection completed by CVWD shall be for the sole use and benefit of CVWD, and neither Cities nor any third party shall be entitled to rely thereon for any purpose. CVWD does not undertake or assume any responsibility for or owe a duty to select, review or supervise the creation of the Project. CVWD shall direct all concerns regarding the construction of the Project to the Cities.

viii. Upon completion and acceptance of the Project, Cities shall provide CVWD a recorded copy of the Notice of Completion.

ix. Cities warrant and represent to CVWD that the Cities’ Contractor shall provide a guarantee that the Project will be free from construction defects for twelve (12) months from the date of the Notice of Completion recorded with the County of Riverside.

2. CVWD Responsibilities

A. To review the Plans, any proposed deviations from the approved Plans that may affect CVWD’s ability to operate and maintain CVWD’s Stormwater Facilities, RFIs, and construction submittals and provide Cities approval or disapproval with comments in writing.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A B. Attend any pre-bid meetings during the Cities bidding process.

C. Attend any pre-construction meeting prior to commencement of construction of the Project.

D. Maintain the new concrete slope protection on the west side of the channel starting where it meets with the concrete apron cutoff wall at Station 7+24.93 south to Station 5+91.27, detailed in Exhibit C.

E. Provide Cities ongoing access to the Project site and CVWD’s Stormwater Facilities for the purpose of performing their obligations required by this Agreement.

3. Indemnity

A. To the extent permitted by law, the Cities, on their own behalf and on behalf of successor entities, shall defend, indemnify and hold CVWD, its officers, directors, administrators, representatives, consultants, engineers, employees and agents, their successors and assigns ( collectively, "CVWD lndemnitees") free and harmless from and against any and all claims, actions, causes of action, damages, demands, liabilities, costs (including, without limitation, reasonable attorneys' fees), losses and expenses of every type and description ("Claims" and "Costs") to which CVWD Indemnitees may be subjected resulting from or arising out of this Agreement or the construction, installation, repair, maintenance and operation of the Project on the Property to the extent caused by the negligence or willful misconduct of the Cities. The forgoing indemnity shall not apply to the extent that such Claims and Costs are ultimately established by a court of competent jurisdiction to have been caused by the negligence or willful misconduct of CVWD Indemnitees. All who enter upon the Property pursuant to this Agreement shall do so at their own risk and shall at all times comply with all reasonable instructions and directions of CVWD. CVWD shall make all decisions regarding its representation in any legal proceeding described in this Indemnity Section. The Cities shall not settle any claim without prior written consent of CVWD, which shall not be unreasonably withheld. If the Cities fail to indemnify CVWD, CVWD shall have the right, but not the obligation, to defend against the matters described herein and charge all actual Costs of such defense to the Cities and recover the same from the Cities to extend of the Cities’ proportional fault.

B. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Project and/or maintenance activities thereafter.

The Cities hereby acknowledges and agrees that there are certain inherent risks and dangers associated with such waters; and that, except as expressly set forth herein, it knowingly and voluntarily accepts and assumes responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, construction of the Project and/or maintenance activities.

Such inherent risks and dangers include, but are not limited to flooding, health hazards, slippery ground, uneven surfaces, and debris.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A C. CVWD shall not be responsible for construction or maintenance of any part of the Project either within or outside the Property area. If the Cities construction and/or maintenance activities cause damage to CVWD Stormwater Facilities, and the Cities does not repair or restore the same after proper written notice from CVWD in a timely manner, CVWD may repair or restore the same and the Cities and the Cities' successor entities shall reimburse any cost incurred by CVWD in repairing such damage. Such undisputed costs shall be paid by the Cities and its successor entities within thirty (30) calendar days following receipt of an invoice from CVWD.

4. Conflict of Interest

A. The Cities shall not engage directly or indirectly in any activity which materially conflicts with the Cities' faithful performance of services, commitments, and obligations undertaken to be performed pursuant to this Agreement.

5. Termination

A. In the event the Cities fails to perform any material obligation required by this Agreement, CVWD shall demand in writing that the Cities cure such non- performance. The Cities shall have thirty (30) calendar days after receipt of such demand to commence curing the non-performance. In the event the Cities fails to commence curing such a non-performance within the thirty (30) day period, CVWD may terminate this Agreement. Following termination, CVWD shall have the right to take whatever steps it deems necessary to correct the Cities' deficiencies, including but not limited to, hiring a third-party to perform the Cities' obligations and charge the cost thereof to the Cities, who shall be liable for the full cost of CVWD's corrective action, including reasonable overhead, attorneys' fees, and a ten percent (10%) supervision fee shall be due and payable within thirty (30) days of invoice by CVWD.

B. In the event CVWD fails to perform any obligation required by this Agreement, the Cities shall demand in writing that CVWD cure such non-performance.

CVWD shall have thirty (30) calendar days after receipt of such demand to commence curing such non-performance. In the event the CVWD fails to commence curing such non-performance within the thirty (30) day period, the Cities may terminate this Agreement.

C. Notwithstanding any other provision, this Agreement may be terminated by CVWD as to all or any portion of the Property if CVWD determines that such termination is necessary in order to protect human lives or property against those hazards for which CVWD has responsibility as a public agency. Prior to such termination, CVWD such meet and confer with Cities regarding the termination and discuss options to continue the Agreement. Any such termination will be affected with maximum possible notice to the Cities consistent with the nature of circumstances threatening public safety.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A

6. General Provisions

A. Notices

i. All notices under this Agreement shall be in writing and mailed (registered or certified, postage prepaid, return receipt requested), or by express carrier (return receipt requested) or hand delivered to Parties the addresses set forth below. All such notices shall, if hand delivered, or delivered by express carrier, be deemed received upon delivery and, if mailed, be deemed received three (3) business days after such mailing.

CVWD:

Coachella Valley Water District
Attention: J. M. Barrett, General Manager
Post Office Box 1058
Coachella, CA 92236

CITY OF PALM SPRINGS:

City of Palm Springs
Attention: City Engineer
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

CITY OF CATHEDRAL CITY:

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

B. Waiver

i. Except as otherwise expressly provided in this Agreement, no waiver by a Party of any breach of this Agreement or of any warranty or representation hereunder by the other Party shall be deemed to be a waiver of any other breach by such other Party (whether preceding or succeeding and whether or not of the same or similar nature) and no acceptance of payment or performance by a Party after any breach by the other Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party whether or not the first Party knows such breach at the time it accepts such payment or performance. Except as otherwise expressly provided in this Agreement, no failure or delay by a Party to exercise any right it may have by reason of the default of the other Party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first Party while the other Party continues to be so in default.

C. Governing Law

i. The rights and obligations of the parties and the interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflicts of rules of law.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A

D. Jurisdiction and Venue

i. The Parties agree that venue for any action brought to enforce the terms of this Agreement or arising out of this Agreement shall be in a court of competent jurisdiction in the County of Riverside, California, and consent to the jurisdiction thereof.

E. Counterparts; Entirety

i. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. The Parties agree that this Agreement constitutes the entire and only Agreement between the parties with reference to the subject matter hereof and supersedes any prior Agreement, oral or written, with respect thereto.

F. Modification

i. The provisions of this Agreement may not be amended, changed or modified orally, except by an Agreement in writing signed by the Party against whom any amendment, change or modification is sought.

G. Severability

i. Any provision of this Agreement adjudicated by a court of competent jurisdiction to be invalid or unenforceable for any reason shall be ineffective to the extent of such prohibition or invalidity and shall not invalidate or otherwise render invalid or unenforceable any remaining provisions of this Agreement.

H. No Interpretation Against the Drafter

i. This Agreement is the product of negotiations between the Parties hereto represented by counsel and any rules of construction relating to interpretation against the drafter of an Agreement shall not apply to this Agreement and are expressly waived by the Parties hereto.

I. Assignability

i. This Agreement shall not be assigned by any Party without prior written consent of the other Parties.

J. Time

i. Time is of the essence for this Agreement.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A K. No Third Party Beneficiaries

i. Except as set expressly set forth herein, no third party shall have the right to enforce any term of this Agreement.

[REMAINDER OF PAGE LEFT BLANK – SIGNATURES ON NEXT PAGE]

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first set forth above.

Dated:

APPROVED AS TO FORM:

______________________
City Attorney
THE CITY OF PALM SPRINGS, a
California municipal corporation
By:

Scott C. Stiles
City Manager
ATTEST:
_________________________________
City Clerk

Dated: THE CITY OF CATHEDRAL CITY, a
California municipal corporation
By:

Name
Title City Manager
Dated: CVWD:

COACHELLA VALLEY WATER DISTRICT,
a public agency of the State of California
By:

J. M. Barrett
General Manager
ATTEST:

Sylvia Bermudez
Clerk of the Board

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A 6/19/2024

EXHIBIT LIST
EXHIBIT “A” INSURANCE
EXHIBIT “B” INDEMNITY
EXHIBIT “C” CHANNEL MAINTENANCE RESPONSIBILITY PLAN

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A EXHIBIT “A”

INSURANCE REQUIREMENTS

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A EXHIBIT “A”

INSURANCE REQUIREMENTS

1. MINIMUM SCOPE AND LIMIT OF COVERAGE . Prior to and at all times after executing the Agreement, Developer shall procure and maintain, at its sole cost , for the duration of Developer’s obligations hereunder, not less than the following coverage and limits of insurance with insurers and under policy forms satisfactory to CVWD. (a) Commercial General Liability Insurance written on an occurrence basis of at least $2,000,000 per occurrence/$4,000,000 aggregate providing coverage for ongoing and products and completed operations, property damage, bodily injury, personal and advertising injury, property damage, and premises/operations liability.
(i) Coverage for Commercial General Liability insurance shall be at least as broad as Insurance Services Office Commercial General Liability coverage form (Occurrence Form CG 00 01) or exact equivalent. (ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (iii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, and agents as additional insureds using ISO endorsement forms CG 20 10 07 04 and 20 37 07 04, or endorsements providing the exact same coverage.
(b) Commercial Automobile Liability Insurance written on a per occurrence basis of at least $1,000,000 per occurrence for bodily injury and property damage. (i) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto)
(ii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, and agents as additional insureds.
(c) Workers’ Compensation Insurance /Employers Liability as required by the State of California with statutory limits or be legally self -insured pursuant to Labor Code section 3700 et . seq. along with Employer’s Liability limits of no less than $1,000,000 per occurrence for bodily injury or disease. The workers compensation insurer shall agree, using form WC 00 03 13 or the exact equivalent to waive all rights of subrogation against Coachella Valley Water District, its employees, directors, officers, and agents.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A

2. OTHER INSURANCE PROVISIONS . All of Developer’s policies shall meet the following requirements and contain all specified provisions/endorsements noted hereunder.
(a) Insurers shall provide CVWD at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that insurers shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non -payment of premium. In the event any insurer issuing coverage hereunder does not agree to provi de notice of cancellation to CVWD, Developer shall assume such obligation and provide written notice of cancellation in accordance with the above. If any of the required coverage is cancelled or expires during the term of this Agreement, Developer shall deliver renewal certificate(s) including endorsements to CVWD at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Developer’s policy is primary insurance and that any insurance, self -insurance or other coverage maintained by CVWD or any additional insureds shall not be called upon to contribute to any loss. (c) All required insurance coverages shall contain a provision, or be endorsed, to waive subrogation in favor of the Coachella Valley Water District, its employees, directors, officers, and agents or shall specifically allow Developer to waive its right of rec overy prior to a loss. Developer hereby waives its own right of recovery against Coachella Valley Water District, its employees, directors, officers, and agents.
(d) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, CVWD has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CVWD will be promptly reimbursed by Developer. In the alternative, CVWD may cancel this Agreement. (e) CVWD may require Developer to provide complete copies of all insurance policies and endorsements in effect for the duration of the Agreement. (f) Developer shall not allow any of its contractors, consultants, subcontractors or subconsultants to commence work under this Agreement until Developer has verified that contractors, subcontractors, consultants, or subconsultants have secured all insurance required herein, including waivers of subrogation and other endorsements. Policies of commercial general liability insurance provided by such contractors, consultants, subcontractors or subconsultants shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, and agents as additional insureds using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Developer, CVWD may approve different scopes or minimum limits of insurance for particular contractors, consultants, subcontractors or subconsultants.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A (g) The general liability program and automobile liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by CVWD, and provided that such deductibles shall not apply to CVWD as an additional insured.
(h) Claims made policies are not acceptable.

3. VERIFICATION OF COVERAGE . Prior to execution of the Agreement, Developer shall file with CVWD evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. All policies required shall be issued by acceptable insurance companies, as determined by CVWD. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

4. LIABILITY NOT LIMITED. Defense costs shall be payable in addition to the limits set forth herein. Requirements of specific coverage or limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provi ded by any insurance. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Developer from liability in excess of such coverage, nor shall it limit Developer’s indemnification obligations to CVWD and shall not preclude CVWD from taking such other actions available to CVWD under other provisions of the Agreement or law.

5. AVAILABLE LIMITS . Notwithstanding the minimum limits set forth above, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds.

6. RESERVATION OF RIGHTS. CVWD reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A EXHIBIT “B”

INDEMNITY PROVISION

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A EXHIBIT “B”

INDEMNITY

Developer shall assume the defense of, indemnify and hold harmless CVWD and its officers, directors, administrators, representatives, consultants, engineers, employees and agents, and their respective successors and assigns (collectively, “CVWD Indemnitees”) and each and every one of them, from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorneys’ fees), claims, losses and expenses of every type and description (collectively, “Costs”) to which they may be subjected or put, by reason of, or resulting from: (A) this Agreement: (B) the design, engineering and construction of the Domestic Water System: (C) the performance of or failure to perform, the work covered by this Agreement which is caused or occasioned by any act or neglect on the part of Developer or its Representatives (as defined below); (D) any death, injury, property damage, accident or casualty caused or claimed to be caused by Developer or its Representatives or including Developer or its Representatives or its or their property; (E) any breach by Developer of its obligations under this Agreement; and (F) any enforcement by CVWD of any provision of this Agreement. The foregoing indemnity shall not apply to the extent any such Costs are ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of CVWD Indemnitees or any of them. CVWD shall make all decisions with respect to its representation in any legal proceeding concerning this Section. If Developer fails to do so, CVWD shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including fees and costs, to Developer and to recover the same from Developer. The term “Representatives” shall mean employees, representatives, agents, contractors, subcontractors or any other persons directly or indirectly employed by any of the foregoing or reasonably under the control of any of the foregoing or for whose acts any of the foregoing may be liable. No provision of this Agreement shall in any way limit the extent of the responsibility of Developer for payment of damages resulting from its operations or the operations of any of its Representatives. Developer further covenants and agrees to pay, or reimburse CVWD Indemnitees, or any of them for any and all Costs in connection with the investigating, defending against or otherwise in connection with Developer’s obligations pursuant to this Agreement, except liability arising through the gross negligence or willful misconduct of CVWD Indemnitees, or any of them.

CVWD shall have the right, at Developer’s expense, to commence, to appear in, or to defend any action or proceeding arising out of or in connection with this Agreement, and in connection therewith, may pay all necessary expenses if Developer fails upon reasonable notice to so commence, appear in or defend any action or proceeding with counsel reasonably acceptable to CVWD. Developer shall be furnished with copies of bills relating to the forgoing upon request.

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A EXHIBIT “C”

CHANNEL MAINTENANCE RESPONSIBILITY PLAN

DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A Underground Service Alert
Exp. 03-31-24
C41679
C
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A

ILCAF O
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V II IA
RN

AT THE NORTHEASTERLY CORNER OF SAN LUIS REY DRIVE
AND RAMON ROAD, IN THE NORTH END OF INLET BOX, 50 FT.

NORTH OF RAMON ROAD.
#118 373.94
NAD 83 (EPOCH 2007.0) NAVD 88

THE CITY OF PALM SPRINGS OR ITS

OFFICERS OR AGENTS SHALL NOT BE

RESPONSIBLE FOR THE ACCURACY OR

COMPLETENESS OF ELECTRONIC OR
SCANNED COPIES OF THIS PLAN SHEET.
17 156
17 59
DocuSign Envelope ID: 7F9296B1-F1A8-4189-A8BF-DB97EA31325A Staff Report
City Council
Item No. 5.E
Meeting Date: July 24, 2024
From: John A. Corella, Director of Public Works
Title: Approval of License Agreement with the Coachella Valley Association of Governments (CVAG) for the construction, maintenance and operation of portions of the CV Link facility on City- owned properties.

RECOMMENDATION:

To approve a license agreement between the City and the Coachella Valley Association of Governments (CVAG) for the construction, maintenance and operation of portions of the CV Link project on City-owned properties, identified as Assessor Parcels Nos 687-480-007, 008, 018, and 674-020-051, 053; and authorize the City Manager and City Clerk to execute the license agreement on behalf of the City.

BACKGROUND:

CV Link is an alternative transportation route and recreational pathway providing a safer, healthy alternative to Highway 111 and/or East Palm Canyon Drive. CV Link will allow residents and tourists alike the ability to bike, walk or take a low–speed electric vehicle for activities such as shopping, work, restaurant, golf, tennis and other activities. It will also provide a safer route for kids to go to school and serve as a meeting place for community activities and events.

CV Link will provide significant environmental, health & wellness and economic benefits including:
• Relieving congestion on Highway 111 resulting in improved air quality. • Creating an exciting recreational amenity for the tourism industry and local residents. • Providing a safer avenue for an active and healthy lifestyle helping to combat obesity. • Stimulating the economy with design and construction jobs.

The first segment of the CV Link was built in Cathedral City along the west bank of the Whitewater River Channel, between Vista Chino and Ramon Road. The next segment, already under a construction contract, will extend CV Link from Ramon Road south and then will extend into Cathedral City as far as Date Palm Drive to the east.

DISCUSSION:

Portions of this next CV Link segment are to be constructed on several City owned parcels, as shown in the attached Exhibits A and B. These City owned parcels include a portion of the Whitewater River channel, and two vacant parcels on the east side of Date Palm Drive, opposite West Buddy Rogers Avenue. As the portions described in Exhibit A are City owned parcels, the purpose of this License Agreement is to allow CVAG’s long term use of the City properties for the CV Link.

Also attached are excerpts from the construction contract plans showing the portions of this next CV Link segment in Cathedral City that are constructed on City owned property. These CV Link portions will begin at Cathedral Canyon Drive and will run along the top of the southerly levee of the Whitewater Channel until it reaches Date Palm Drive. From Date Palm Drive, CV Link will continue under the Date Palm Drive bridge and then extend southerly along the east side of Date Palm Drive. Along Date Palm Drive CV Link will continue south across Indian allottee property and continue to cross over two City owned parcels toward East Palm Canyon Drive.

At this time, CV Link will temporarily end at a point on Date Palm Drive at the south side of Perez Road. CV Link’s further extension southerly and then easterly toward Officer Jermaine Gibson Avenue will occur at a later date as this CV Link extension will require the construction of a bridge over the North Cathedral Canyon and East Cathedral Canyon Channels. Although the current project will not extend CV Link across these two vacant City parcels, these two parcels are included in the proposed License Agreement to facilitate future construction.

The terms of the License Agreement provide that CVAG is responsible for the long-term maintenance of the City owned property portions of CV Link and for the replacement of damaged CV Link exclusive amenities, such as shade structures, benches and landscaping, as outlined in Section 4.5 of the License Agreement.

The terms of the License Agreement also provide that the City is responsible for graffiti removal and general light maintenance. Within this document, CVAG has committed to continue to pursue sponsorships and funding for long term operations and maintenance.

Staff is requesting that City Council approve the License Agreement between Cathedral City and the Coachella Valley Association of Governments (CVAG) for the construction, maintenance and operation of portions of the CV Link project on City-owned properties, identified as Assessor Parcels Nos 687-480-007, 008, 018, and 674-020-051, 053; and, authorize the City Manager and City Clerk to execute the License Agreement.

FISCAL IMPACT:

This License Agreement allows for the construction, long-term maintenance and operation of the CV Link on several City-owned parcels. All construction costs will be borne by CVAG.

CVAG will also be responsible for the bulk of future maintenance expenses. The City has agreed to cover only the limited expense of any graffiti removal and minor repairs on this segment of the CV Link.

DESCRIPTION GENERAL
LEDGER

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING

ACCOUNT
CODES
2026-2027 CV Link 100-500-510-
511-8300-8301 M07015 TBD
Ongoing
Additional
Maintenance
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.License Agreement with Exhibit A: Vicinity map showing City-owned parcels and Exhibit B: Excerpts from construction plans (4 sheets)
1 LICENSE AGREEMENT BY AND BETWEEN

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND

THE CITY OF CATHEDRAL CITY

FOR CV LINK ON CITY OWNED PROPERTY

1. PARTIES AND DATE.

This License Agreement is made and entered into this ___ day of _____________,2024 by and between the CITY OF CATHEDRAL CITY, a municipal corporation organized under the laws of the State of California ("City") and COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, a joint powers authority created under the laws of the State of California ("Licensee" or "CVAG"). City and Licensee are sometimes individually referred to as "Party" and collectively as "Parties" in this License Agreement.

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to own and operate public property of various kinds and authorize the use of such property by other public entities and parties. Such public property in this License Agreement is on the Coachella Valley Stormwater Channel Levee between Cathedral Canyon Drive and Date Palm Drive; and, east of Date palm Drive, south of the Cathedral Canyon West Channel, referred to as “Property” or “Properties” in this License Agreement, and more specifically described as, Assessor Parcel Numbers 687-480-007, 008, 018, 674-020-051 and 674-020-053 and depicted in Exhibit A.

2.2 Licensee. CVAG is advancing a project known as "CV Link", a multi-modal transportation facility that will connect the communities of the Coachella Valley by providing a means to travel by foot, bicycle or low-speed electric vehicle rather than by automobile. CV Link will extend over the Properties for which City has ownership interest. The rights and obligations arising from this License Agreement shall only apply to the Properties. The transportation facility, including all permanent improvements, to be built on the Properties will herein be referred to as "CV Link" or the "Project," interchangeably.

2.3 Purpose. City desires to allow CVAG to improve the Properties with a pathway and access point for CV Link and provide the City with enhanced bicycle, pedestrian and low speed electric vehicle facilities for use by the general public. Said improvements for the benefit of the general public shall include, but not be limited to, shade structures, benches, trash cans, kiosks, bike racks, wayfinding signage, solar lights, concrete, sparkle grain concrete, seeded glass lithocrete, decomposed granite and landscaping as depicted in Exhibit B, attached to this License Agreement.

2.5 Consideration. This License Agreement is made in consideration of the terms, conditions and mutual covenants contained herein, the sufficiency of which are hereby acknowledged.

3. LICENSE.

3.1 Terms of License Agreement. City hereby grants to Licensee, including Licensee's agents, employees, contractors, and consultants, a nonexclusive license to enter the Property for the purpose of construction of CV Link. Licensee acknowledges and agrees that this License Agreement does not extend to any area outside of the Properties. Any License or permission granted hereunder is subject to the discretion and approval of the City throughout the term of the License Agreement and the City retains authority to terminate any activities conducted pursuant to this License Agreement. 2 3.2 Restrictions on License Agreement. Licensee shall not use, and Licensee shall prohibit any of its Agents (defined as follows) or Invitees (defined as follows) from using the Properties other than for the intended purposes described herein. The term "Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests or business visitors. By way of example only and without limitation, the following uses of the Properties by Licensee, or any of its Agents or Invitees, are as follows:
(a) Licensee shall use the Properties to construct a pathway and access point for CV Link for the benefit of public use and have amenities including, but not limited to, shade structures, benches, trash cans, kiosks, bike racks, wayfinding signage, solar lights, concrete, sparkle grain concrete, seeded glass lithocrete, decomposed granite and landscaping.
(b) Licensee may utilize the Properties for potential future public and special events; CV Link marketing opportunities; and any other similar uses that may be a benefit to the general public.

Under these circumstances, Licensee will provide proper event notification (i.e., flyer, media advertisement, etc.) prior to the event and obtain written permission from the City. Said permission shall be granted by the City Manager.

4. TERMS.

4.1 Term and Termination of License Agreement. The term of this License Agreement shall be perpetual and shall remain in force so long as the City remains in effect. This License Agreement shall not be effective, enforceable, or binding until the License Agreement is approved in writing by the City.

4.2 Non-Assignment of License Agreement. The permission, rights and privileges granted hereunder are non-exclusive and non-transferable. Licensee shall not, either voluntarily or by action of law, assign or transfer this License Agreement or any obligation, right, title or interest assumed by Licensee herein without the prior written consent from the City. If Licensee attempts an assignment or transfer of this License Agreement or any obligation, right, title or interest herein, City may at its option, terminate the License Agreement and shall thereupon be relieved from any and all obligations to Licensee or its assignee or transferee.

4.3 Compliance with Laws; Regulatory Approvals. Licensee shall, at its sole expense, conduct and cause to be conducted all undertakings on the Properties in compliance with all laws, regulations, codes, ordinances and orders of any governmental or other regulatory entity, and whether or not in the contemplation of the parties. Such laws shall include, but are not limited to, local, state and federal laws prohibiting discrimination in employment and public accommodations. Licensee always agrees to conduct the undertakings in a safe and prudent manner with full regard to the public safety and to observe all applicable regulations and requests of the City and other government agencies responsible for public safety.

Licensee shall, at its sole expense, always procure and maintain in force during its use of the Properties all licenses or approvals necessary to conduct the undertaking.

4.4 Utilities. Licensee shall not connect to, or use, any utility systems or outlets unless such use is specifically authorized and approved by the utility owner in the undertaking.

4.5 City’s and Licensee's Duties under License Agreement. City shall, at all times, comply with the terms and conditions of this License Agreement, including removal of any graffiti on the pathway and shall cause all necessary rights of way for the operation of the CV Link to remain in place. Licensee shall operate, maintain and replace, any shade structures, benches, trash cans, kiosks, bike racks, wayfinding signage, solar lights, sparkle grain concrete, seeded glass lithocrete, decomposed granite and landscaping installed by Licensee. Licensee will pursue sponsorships and funding for long term operations and 3 maintenance of the Project improvements, including all segments of CV Link. Licensee agrees that all its undertakings on the Properties under this License Agreement shall be consistent with the terms and conditions of the License Agreement and shall not cause the City to become non-compliant with said terms and conditions.

5. INSURANCE.

5.1 Minimum Requirements. Licensee must maintain in force, during the full term of the License Agreement, insurance in the following amounts and coverages:
(a) Commercial General Liability Insurance with limits not less than $2,000,000 in aggregate and $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage; (b) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired automobiles, as applicable; and (c) Workers' Compensation Insurance in statutory amounts with Employer's Liability Coverage with limits of not less than $1,000,000 each accident. (d) Should any required insurance lapse during the term of this License Agreement, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this License Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this License Agreement effective on the date of such lapse of insurance.
(e) Before commencing any operations under this License Agreement, Licensee shall do the following: (a) furnish to City certificates of insurance, and additional insured policy endorsements with insurers that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above, and (b) furnish complete copies of policies promptly upon City request. Failure to maintain insurance shall constitute a material breach of this License Agreement.

6. MISCELLANEOUS PROVISIONS.

6.1 No Assignment. Neither this License Agreement nor any duties or obligations hereunder may be assigned, conveyed or delegated by the Licensee prior to completion of the CV Link on the Properties unless first approved by the City by written instrument executed and approved in the same manner as this License Agreement.

6.2 No Joint Ventures or Partnership: Independent Licensee. This License Agreement does not create a partnership or joint venture between City and Licensee. Licensee shall be solely responsible for all matters relating to payment of its employees, including, without limitation, compliance with all federal, state or local law and regulations.

6.3 Impossibility of Performance. If, for any reason, an unforeseen event occurs which is beyond the control of the City and the Licensee, which event renders impossible the fulfillment of any term of this License Agreement, Licensee and the City shall have no right to, nor claim for, damages against the other.

6.4 Notices. Except as otherwise provided herein, any notices given under this License Agreement shall be addressed as follows:
4 To City: Charles P. McClendon
City Manager
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

To Licensee: Tom Kirk
Executive Director
Coachella Valley Association of Governments
74-199 El Paseo, Suite 100
Palm Desert, CA 92260
Notice shall be deemed (a) the date when it is deposited with the U.S. Post Office, if sent by first class or certified mail, (b) one (1) business day after the date when it is deposited with an overnight courier, if next business day delivery is required, (c) upon the date personal delivery is made, or (d) upon the date when it is sent by facsimile, if the sender receives a facsimile report confirming such delivery has been successful and the sender mails a copy of such notice to the other party by U.S. first-class mail on such date.

6.5 General Provision. This License Agreement may be amended or modified only in writing and signed and approved by City and Licensee. No waiver by any party of any of the provisions of this License Agreement shall be effective unless in writing and signed by an officer or other authorized representative, and only to the extent expressly provided in such written waiver. Except as expressly set forth herein to the contrary, all approvals and determinations of City requested, required or permitted hereunder may be made in the sole and absolute discretion of the City Manager or other authorized City official. This instrument (including the exhibits hereto) contains the entire License Agreement between the parties and all prior written or oral negotiations, discussions, understandings and agreements are merged herein. This License Agreement shall be governed by and subject to California law and the City's Municipal Code. If either party commences an action against the other or a dispute arises under this License Agreement, the prevailing party shall be entitled to recover from the other reasonable attorneys' fees and costs. Subject to the prohibition against assignments or other transfers by Licensee hereunder, this License Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors and assigns.

SIGNATURES ON THE FOLLOWING PAGE

5 APPROVED AS TO FORM: CITY:

BURKE, WILLIAMS & SORENSEN CITY OF CATHEDRAL CITY,
a municipal corporation
By:

Eric S. Vail, Burke
City Attorney
By:

Name: Charles P. McClendon
Title: City Manager
APPROVED AS TO FORM: LICENSEE:

BEST BEST & KRIEGER LLPCOACHELLA V ALLEY ASSOCIATION

OF GOVERNMENTS
By: __________________________
Michael Jenkins, Esq.

By:

Name: Tom Kirk
Title: Executive Director
ATTEST:

Tracey R. Hermosillo, CMC
City Clerk
6 Exhibit A

7 Exhibit B

8 9

Cathedral City City CouncilJuly 24, 2024

Cathedral City City Council
July 24, 2024