Agenda packet — Cathedral City City Council, August 14, 2024 (part 3 of 4)

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. x
x
Students and ASB teacher pick up loose trash around the area. City facilities emptys trash cans. x

CCHS BANDS

CCHS CHEER

CCHS DANCE TEAM

CCHS FOLKLORICO

Page 6 of 8 ends

APPL

ICANT 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.

Print
ed Name of Applicant / Host Organization ______________________________________________ Title ___________________________________________________________________________ Signature ___________________________________________________________________________ Date _____________________________
Cathedral City High School
Guillermo Chavez
Catcityhigh.com
George Howell
69250 Dinah Shore Drive
Cathedral City
CA
92234
760-218-0425
760-218-0425
[email protected]
Parade and Golden Lion Awards held at the city in previous years.

George Howell
Activities Director
7/11/24

Page 7 of 8 ends

SUB
MITTAL REQUIREMENTS:
_____ Application Fee: $510 – payable to “City of Cathedral City” _____ Non-profit certification (if applicable)
_____ 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….)
___X__ Provide 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)
_____ P
roof of all applicable licenses and permits required by local, state and federal agencies (must be submitted prior to the event)
_____ Proof of Cathedral City Fire Department inspections and permits, if applicable (must be submitted prior to the event)
______ 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)

4 5
2 Staff Report
City Council
Item No. 3.N
Meeting Date: August 14, 2024
From: Michael Contreras, Fire Chief
Title: Authorize a budget amendment to carry over $95,000 in unspent funds from the Fire Department's 2023/24 FY budget to the 2024/25 FY budget for Fire Department Radios and Repeater System
RECOMMENDATION:

To authorize a budget amendment to carry over $95,000 in unspent funds from the Fire Department's 2023/24 FY budget to the 2024/25 FY budget.

BACKGROUND:

In the fiscal year (FY) 2023/24 budget, $65,000 was identified for radios and another $30,000 to update the department's aging repeater system. Due to other organizational priorities, there was a delay in ordering the needed radios and repeaters. Once the decision to order the radios and repeaters was made, the supplier's delivery time was 16 to 20 weeks. To update the radios and repeaters, the Fire Department requests the budgeted $95,000 be carried forward into the FY 2024/25 budget.

DISCUSSION:

The Fire Department has an aging radio system and repeaters that need to be upgraded.

The department is planning to move to the countywide PSEC radio system in 2025 and needs to make these upgrades to our current system.

FISCAL IMPACT:

A $95,000 budget adjustment is required for the FY General Fund budget, 100-300-330- 332-8200-8221.

FIVE-YEAR STRATEGIC PLAN:

Goal D – Innovation
Objective: Cathedral City continually focusses on improving service delivery and customer experiences by successfully leveraging technology and creative initiatives to improve public 4 5
2 services, public safety, and stimulate economic growth.

ATTACHMENTS:

None
Staff Report
City Council
Item No. 3.O
Meeting Date: August 14, 2024
From: Charles McClendon, City Manager
Title: Approval of a Report on the Effects of Measure W RECOMMENDATION:

To approve a report summarizing the effects of Measure W.

BACKGROUND:

A resident committee, the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City, met over several months in the fall of 2023 and early in 2024 to study unfunded needs in Cathedral City and explore options for addressing those needs. The committee ultimately recommended that the City Council consider placing a measure before the voters to provide a locally controlled source of funding to address the identified unfunded needs.

The Council resolution to refer the measure to the voters was adopted unanimously on July 24, 2024, after considerable public comment. The measure, if approved by voters, will allow the city to address the items identified by the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City, by residents through the public opinion survey and by those who completed the on-line Join the Discussion questionnaire.

DISCUSSION:

A report has been prepared which outlines the effects if Measure W is approved by voters and the effects if Measure W is rejected by the voters. The Measure will appear on the ballot for the General Election on November 5, 2024. The report is attached.

FISCAL IMPACT:

There is no fiscal impact to accepting the report. Funding for the November 2024 General Election is included in the adopted budget for FY 24/25.

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

E-1 Fund a 2-person ALS Medic Unit to better respond to increasing demand for medical response.

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. Report on the Effects of Measure W
Report on the Effects of Measure W
A resident committee, the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City met over several months in the fall of 2023 and early in 2024 to study unfunded needs in Cathedral City and explore options for addressing those needs. The committee ultimately recommended that the City Council consider placing a measure before the voters to provide a locally controlled source of funding to address the identified unfunded needs.

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.

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. Survey results were presented to the Council in study session on May 8, 2024. Almost three-quarters of respondents perceive the City needs additional funds; 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 funding priorities deemed most important by survey respondents:
•Maintaining 911 medical emergency ambulance, fire and police response •Maintaining fire protection and paramedic services
•Recruiting and retaining well-trained paramedics and firefighters •Repairing neighborhood streets and potholes
•Preparing for, responding to, and recovering from rainstorms and other natural disasters
•Maintaining gang prevention programs
•Protecting Cathedral City’s long-term financial stability •Removing debris after rainstorms
•Helping prevent property crimes, including thefts and burglaries •Keeping public areas and parks safe and clean
•Maintaining city services
•Maintaining police protection
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. About 200 people completed the survey. The following list outlines the priorities ranked highest:
•Recruiting and retaining well-trained paramedics and firefighters •Repairing neighborhood streets and potholes
•Maintaining gang prevention programs
•Preparing for, responding to, and recovering from rainstorms and other natural disasters
•Helping prevent property crimes, including thefts and burglaries •Keeping Parks safe and secure, including addressing homelessness •Maintaining 9-1-1 medical emergency ambulance, fire protection and police protection response
The following is the ballot language that was referred to the voters by the City Council on July 24, which has subsequently been designated as Measure W:

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?
The Council resolution to refer the measure to the voters was adopted unanimously after considerable public comment. The measure, if approved by voters, will allow the city to address the items identified by the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City, by residents through the public opinion survey and by those who completed the on-line Join the Discussion questionnaire.

The following table summarizes the effects of the approval of Measure W by the voters and compares those to the effects if the measure is not approved:

Effects of the Approval of Measure W Effects of the Rejection of Measure W The Cathedral City Fire department will
be able to staff and place into service a
fourth ambulance to maintain response
times to medical emergencies even as
calls for service increase.

The Cathedral City Fire department will
continue to operate with three
ambulances in service and may see
slower response times to medical
emergencies as calls for service increase.

Additional funding will be available for
paving and maintaining neighborhood
streets.

Funding for street paving and
maintenance will not increase and the
condition of neighborhood streets may
deteriorate further.

One-half cent will be added to the local
transactions and use tax (sales tax)
costing taxpayers 50 cents on a $100
purchase.

The local transactions and use tax (sales
tax) rate will remain unchanged.

Additional funding of about $5,000,000 No additional locally controlled funding annually, which is locally controlled and
not subject to takeaways by the state or
other levels of government, will be
available to support services in Cathedral
City.
will be available for services in Cathedral
City.

Funding will be available to allow
Cathedral City to become a part of the
Desert Recreation District providing parks
and recreation services to residents and
helping keep parks safe and secure.

Cathedral City will not be able to join the
Desert Recreation District.

The funds provided through Measure W
will be subject to annual outside audit and
strict oversight by a citizen advisory
committee.

There will be no Measure W funds to
audit or oversee.

Staff Report
City Council
Item No. 3.P
Meeting Date: August 14, 2024
From: Charles McClendon, City Manager
Title: Resolution Supporting Measure W
RECOMMENDATION:

To approve a resolution expressing City Council support for Measure W.

BACKGROUND:

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 committee, which has since been named the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City 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 keep our parks safe and secure by preventing 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 maintaining response times for emergency medical services and an innovative plan to add a fourth ambulance staffed with two paramedics 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 was 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 and keeping parks safe and secure 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 considered the recommendation of the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City during the Council meeting on July 24, 2024. Since the committee’s initial report was reviewed by Council on January 24 several steps were 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 and 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.

The following is the ballot language that was referred to the voters by the City Council on July 24, which has subsequently been designated as Measure W:

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?
The Council resolution to refer the measure to the voters was adopted unanimously after considerable public comment. The measure, if approved by voters, will allow the city to address the items identified by the Resident Committee on Maintaining a Safe and Self- Reliant Cathedral City, by residents through the public opinion survey and by those who completed the on-line Join the Discussion questionnaire.

The Council now has the opportunity to further express their support for Measure W by adopting the attached resolution of support.

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 in Support of Measure W
RIV #4826-0049-5062 v1
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL

CITY EXPRESSING THE CITY COUNCIL'S SUPPORT FOR MEASURE

W, A BALLOT MEASURE TO ADOPT AN ORDINANCE INCREASING
THE CITY’S TRANSACTION AND USE TAX BY ONE-HALF CENT.

WHEREAS, on June 24, 2024, the City Council unanimously approved Resolution No. 2024-33 placing the measure, designated as Measure W by the Riverside County Registrar of Voters, on the ballot to be voted upon in November by Cathedral City voters; and
WHEREAS, Measure W, if enacted, would raise much needed revenue to support new and existing city services including, maintaining emergency medical and 911 emergency response times, police patrols in neighborhoods and business areas, improving the quality of city streets and repairing potholes, and improving the condition of city parks and recreation facilities; and
WHEREAS, Measure W is necessary due to a loss of $30 million in local revenue over the past five years due to the actions of Sacramento Politicians which severely impacted the City’s ability to maintain the basic services on which our community relies; and
WHEREAS, this resolution came before the City Council on August 14, 2024 at which time members of the public, including proponents and opponents of Measure W, were free to comment on the referendum and this resolution.

NOW THEREFORE, be it resolved as follows:

Prior to any consideration of a tax measure, the City engaged in an extensive process of civic engagement to discuss potential solutions to the State driven revenue short fall and to determine which services residents considered most important to maintaining a safe and thriving community. Based on feedback from the Resident Committee on Maintaining a Safe and Self-Reliant Cathedral City, as well as numerous resident responses to City surveys, it became clear that City residents demanded action to maintain and improve City services.

In response to community desires, the City Council supports Measure W which, if approved by Cathedral City voters, would enact generate approximately $5 million in new annual revenue for the City. The City Council finds that approval of Measure W is in the best interests of the residents of Cathedral City and will remedy negative impacts to the quality of life in the City due to State revenue take-a-ways. Measure W will allow the City to maintain emergency medical and 911 emergency response times, police patrols in neighborhoods and business areas, restore the quality of city streets and repair potholes, and improve the condition of city parks and recreation facilities.

APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Cathedral City held on this 14th day of August, 2024.

RIV #4826-0049-5062 v12
6 9
3 ___________________________
Mark Carnevale, Mayor
ATTEST:
____________________________
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
__________________________
Eric S Vail, City Attorney
Staff Report
City Council
Item No. 4.A
Meeting Date: August 14, 2024
From: Anne Ambrose, Assistant City Manager
Title: First Amendment to the 2016 Tax Sharing Agreement with GL HOD, LLC, doing business as Honda of the Desert
RECOMMENDATION:

To conduct a public hearing under Municipal Code Title 3, Chapter 3.46 to receive evidence and testimony; and consider terms of a first amendment to Sales Tax Sharing agreement with GL HOD, LLC, doing business as “Honda of the Desert” (“GL HOD”) to include GL TOD, LLC, doing business as “Toyota of the Desert” (“GL TOD”), collectively the “Applicant”, and adopt a resolution making findings and authorizing the City Manager to execute the first amendment to sales tax sharing agreement, consistent with the terms set forth in the resolution.

BACKGROUND:

Cathedral City Municipal Code Chapter 3.46 provides for economic incentive payments to a qualifying retail business in order to incentivize the operation, expansion or renovation of that business within the city as determined by the City Council. Provision of such incentives would enhance the quality of the facilities, goods, and services available to the public and the City's residents and would result in a desirable and attractive shopping experience that would increase sales tax revenue to the City.

City and GL HOD entered into a sales tax sharing agreement dated March 23, 2016 (“Agreement”). The purpose of the Agreement was to assist GL HOD to implement showroom renovations and improvements to meet Honda Motor America “Generation 1” design standards.

The total incentive payments (prior payments) to be made by the City to GL HOD based on the Agreement was $427,000, paid over a period of seven and a half years. The current agreement is still active.

A notice of public hearings was published on July 26th, 2024 and August 2nd, 2024 to notify residents and interested parties regarding the consideration of a first amendment to the Agreement.

DISCUSSION:

Sales tax revenue is a vital revenue source for the City accounting for approximately 50% of all revenue, making it the single largest revenue source. There are nine industry categories that make up total sales tax revenue, of which the automotive category accounts for roughly 51% of the total.

Honda of the Desert and Toyota of the Desert have been longstanding businesses in the Cathedral City Auto Center and are a vital part of the Cathedral City business community, being some of the top producers in the industry within the City.

GL HOD and GL TOD (“Applicants”) are requesting to amend the existing Sales Tax Sharing Agreement to participate in the City’s economic incentive program to (1) provide assistance to keep both brands in the City by incentivizing the purchase of their current leased facilities, GL HOD automobile dealership located at 68-025 Kyle Road and GL TOD automobile dealership located at 68-105 Kyle Road in Cathedral City, and (2) to receive payments supporting anticipated showroom improvements for both brands as set forth in the Agreement in accordance with Chapter 3.46 of Title 3 of the Cathedral City Municipal Code (the “Program”).

The Sales Tax Sharing Ordinance enables the City to enter into agreements with existing businesses that expand or otherwise improve their business resulting in greater sales tax generation that accrues to the benefit of the city, provided certain findings can be made. In the case of GL HOD and GL TOD, failure to assist with the purchase of the leased facility would likely have resulted in a loss of both dealerships from Cathedral City, the impact of which would have been a considerable loss to the City’s sales tax revenue impacting the direct provision of city services and creating difficult to fill vacancies in the center of the Cathedral City Auto Center. Additionally, major renovations in compliance with corporate design enhancements are generally required to be implemented every five to seven years or could occur earlier with changes in brand management. According to the Applicant, neglecting to implement more than one series of design standards would violate the sales and service agreements between the Applicant and Honda Motor America and Toyota USA.

Pursuant to the original agreement, the City has made payments to Applicant under this Agreement in the aggregate amount of $427,000 (“Prior Payments”). Beginning on the first day of the calendar quarter first following the date of recordation of the Grant Deed and continuing through the Sales Tax Sharing End Date (as defined in the Agreement), the Economic Incentive Payment will be an amount equal to 50% of the Sales Tax Increment derived from the GL HOD and 50% of the Sales Tax Increment derived from GL TOD (“Ongoing Payments”), in an additional amount not to exceed $4,000,000 (“Maximum Payment”.) The Applicant will be eligible for 1) economic incentive payments for purchasing the current leased facilities, in an amount totaling $2,000,000 of the Maximum Payment at the time a Grant Deed is recorded for that transaction, and 2) planned improvements in an amount totaling not less than $2,000,000 of the Maximum Payment at the time documentation is submitted to the city of invoices, lien releases, and other evidence of their actual payment, confirming payments to contractors, or subcontractors for completed improvements. The City’s Transactions and Use Tax (TUT) is separate from, and not part of, any economic incentive payments.

The Amendment to the Agreement would be effective until the earlier of June 30, 2040 or when applicants have received the maximum payment of $4,000,000. The Economic Incentive Payment will be an amount equal to 50% of the Sales Tax Increment (difference between the sales tax base and the amount of sales tax generated) derived from the Honda Retail Business and 50% of the Sales Tax Increment derived from the Toyota Retail Business and paid no later than 90 days after the close of each fiscal year. The sales tax base for Honda of the Desert is $347,000 and for Toyota of the Desert is $589,094. The Tax Sharing Report (attached) provides additional information regarding the basis of the sales tax bases.

The Operating Covenants have been amended and restated and would be recorded against the site. These covenants bar discrimination and require that the facilities be maintained and operated as automobile dealerships with integrated sales and services centers for a period of no less than sixteen (16) years.

FISCAL IMPACT:

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2024-2025 Sales Tax
Sharing
100-900-910-
911-8650-
8662-
N/A $345,218 Ongoing
FIVE-YEAR STRATEGIC PLAN:

Goal C: FISCAL STABILITY and SUSTAINABILITY
Objective: Cathedral City has economically prospered by facilitating 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. First Amendment to Sales Tax Sharing Agreement

2. Public Hearing Notice

3. Resolution
-1-
4856-3924-5771 v1

FIRST AMENDMENT TO SALES TAX SHARING AGREEMENT
This First Amendment to Sales Tax Sharing Agreement (“First Amendment”) is hereby entered into this __ day of _________, 2024, by and between the City of Cathedral City, a charter city and municipal corporation within the State of California (the “City”), GL HOD, LLC, a Delaware limited liability company, doing business as “Honda of the Desert” (“GL HOD”) and GL TOD, LLC, a Delaware limited liability company, doing business as “Toyota of the Desert” (“GL TOD” and collectively with GL HOD, the “Owner”). Each of the foregoing parties may be referred to individually herein as “Party” or jointly as the “Parties.”

RECITALS
A. City and GL HOD entered into that certain Sales Tax Sharing Agreement dated March 23, 2016 (“Agreement”). Terms not specifically defined herein shall have the meaning ascribed to them in the Agreement.

B. The purpose of the Agreement was to encourage GL HOD’s improvement, expansion and operation of an automobile dealership at 68-025 Kyle Road in Cathedral City and for the City to derive the benefits set forth in the Agreement in accordance with Chapter 3.46 of Title 3 of the Cathedral City Municipal Code.

C. The purpose of this First Amendment is to encourage GL HOD’s continued improvement, expansion and operation of a Honda automobile dealership at 68-025 Kyle Road in Cathedral City, to encourage GL TOD’s improvement, expansion and operation of a Toyota automobile dealership at 68-105 Kyle Road in Cathedral City, and for City to derive the benefits therefrom as set forth in the Agreement in accordance with Chapter

3.46 of Title 3 of the Cathedral City Municipal Code (the “Program”), for Owner to be eligible to receive economic incentive payments from City equal to 50% of the annual sales tax receipts generated from each of the Honda Retail Business (defined herein) and the Toyota Retail Business (defined herein) and received by the City over the established Sales Tax Base in an amount not to exceed $4,427,000.

D. After a duly noticed public hearing, as required by the Program, and consideration by the City Council of the Tax Sharing Report, attached hereto as Exhibit “A”, prepared in accordance with the Program, and consideration of such other matters as may have been presented during said public hearing, the City Council found GL HOD and GL TOD, and each of them, to be an Approved Business with which the City would enter into this First Amendment to Sales Tax Sharing Agreement.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
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1.0 FINDINGS. The City Council finds and determines that the benefit to the City of Sales Tax Sharing of the Sales Tax Increment, calculated using the Sales Tax Base determined in the Tax Sharing Reports, using a Sales Tax Sharing percentage of fifty percent (50%) for an extended period, as described in this First Amendment or until Owner’s share of the Sales Tax Sharing reaches a maximum Sales Tax Increment paid to Owner of One Million Four Hundred Thousand Dollars ($4,427,000), whichever occurs first, is consistent with the intent and purpose and requirements of the Program.

2.0 AMENDMENTS. The Agreement is hereby modified and amended as follows:

2.1. Section 2, “Definitions,” of the Agreement is hereby amended in its entirety to read as follows:
“SECTION 2. DEFINITIONS.

The terms used in this Agreement shall be given the meaning expressly defined in this Agreement or where not defined herein then in Chapter 3.46 of Title 3 of the City’s Municipal Code.
a. “Economic Incentive Payment” shall mean payments made by City to Owner implementing Sales Tax Sharing as provided for in the Program.

The Parties acknowledge that from the Effective Date through June 30, 2024, City has made payments to Owner under this Agreement in the aggregate amount of $427,000 (“Prior Payments”). Beginning on the first day of the calendar quarter first following the date of recordation of the Grant Deed and continuing through the Sales Tax Sharing End Date (as defined in Section 3.b. below), the Economic Incentive Payment will be an amount equal to 50% of the Sales Tax Increment derived from the Honda Retail Business and 50% of the Sales Tax Increment derived from the Toyota Retail Business (“Ongoing Payments”), provided, however, that the total amount of both Prior Payments and Ongoing Payments paid by the City shall not exceed Four Million Four Hundred Twenty-Seven Thousand Dollars ($4,427,000) (“Maximum Payment”), and provided further, that the Ongoing Payments shall be subject to the terms and conditions set forth in this Agreement. In no event shall Owner be entitled to payments from City beyond the Sales Tax Sharing End Date or in excess of the Maximum Payment.
b.“Effective Date” shall mean the date upon which all of the following have occurred: (i) City’s City Council has approved the Agreement; (ii) City Manager has executed the Agreement; (iii) Owner’s authorized representatives have executed the Agreement; and (iv) a grant deed (the “Grant Deed”) has been recorded in the official records of the County of Riverside evidencing fee ownership of the Property (APN: 687-040-024) vested in the Owner.
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“c. “Existing Retail Business” as defined in Section 3.46.020 of the Municipal Code shall mean the Honda of the Desert dealership located at 68-025 Kyle Road in Cathedral City that is owned and operated by Owner (“Honda Retail Business”) and the Toyota of the Desert dealership located at 68-105 Kyle Road in Cathedral City (“Toyota Retail Business”) that is owned and operated by Owner’s Affiliate, both of which consist of new and used car sales, auto parts sales, and automobile service facilities on the Property.
d.“Improved Business” shall mean the Existing Retail Business as improved by the completed Work of Improvement.
e.“Permit Date” shall mean the date on which the City has issued a building permit to Owner authorizing the commencement of construction of the Work of Improvement.
f. “Property” shall mean the parcel or parcels of real property upon which GL HOD and GL TOD operate the Existing Retail Business. The description of the Property is attached hereto as Exhibit “A,” and is incorporated herein by this reference.
g. “Work of Improvement” The Work of Improvement to the Property shall mean the expansion, remodeling, renovation and/or improvements of the Existing Retail Business to comply with manufacturer-required brand and facility standards that the manufacturer(s) will expect to be completed within approximately four (4) to six (6) years from the date of this Agreement.”
h. “Sales Tax Increment” as defined in Section 3.46.020 of the Municipal Code shall mean, on an annual basis, the difference between the sales tax base and the amount of sales tax actually generated by GL HOD and GL TOD and received by City from the State Board of Equalization. For purposes of this Agreement, the sales tax base is Three Hundred Forty- Seven Thousand Dollars ($347,000) per tax year for the Honda Retail Business and Five Hundred Eighty-Nine Thousand Dollars ($589,000) for the Toyota Retail Business.”

2.2. Section 3.a.(i) of the Agreement is hereby amended to read as follows:
“(i) Deadline. Owner agrees to complete the Work of
Improvement not later than fifteen (15) months after the Permit Date unless such deadline is extended by operation of Section 9.n by reason of a force majeure event.

2.3. Section 3.a.(iv) of the Agreement is hereby amended to read as follows:

(iv) Confirmation of Payments for Work of Improvement. Owner agrees to provide to City documentation reasonably acceptable to -4-
4856-3924-5771 v1
City, including without limitation, invoices, lien releases, and other evidences of Owner’s actual payment, confirming payments to contractors, subcontractors, and vendors totaling not less than Two Million Dollars ($2,000,000.00) (“Total Minimum Expense”). If the accepted documentation evidences payments by Owner of less than the Total Minimum Expense, then City shall have the right to recalculate and reduce the Economic Incentive Payment in proportion to the amount by which the actual amount paid is less than the Total Minimum Expense.

2.4. Section 3.c. of the Agreement is hereby amended to read as follows:
“c. Continued Operation. Owner shall remain in continuous operation during current normal business hours and days for the duration of the sixteen (16)-year term of this Agreement or until receipt of the Maximum Payment, whichever occurs first. Owner will be considered to be in continuous operation, even if closed on all recognized California and federal holidays, and during times of temporary closure for planned repairs or renovations for which Owner notified City in writing at least thirty (30) days in advance. No closure shall operate to extend the period during which Owner may be entitled to receive the Economic Incentive Payment from City.

2.5. Section 4.b of the Agreement is hereby amended to read as follows:
“b. Sales Tax Sharing Period. The period during which City shall receive the Sales Tax Increment (“Sales Tax Sharing Period”), which forms the basis of the Economic Incentive Payment shall commence on the Effective Date and shall continue until the earlier of (1) June 30, 2040 (“Sales Tax Sharing End Date”) or (2) Owner has received the Maximum Payment. The City’s obligation to make Economic Incentive Payments in an amount not to exceed Two Million Dollars ($2,000,000) shall commence on the Effective Date. The City’s obligation to make Economic Incentive Payments by an additional amount not to exceed Two Million Dollars ($2,000,000) shall commence on the Permit Date, for a total of Ongoing Payments not to exceed Four Million Dollars ($4,000,000).

In the event that the Sales Tax Increment received by City during the Sales Tax Sharing Period is insufficient to yield the Maximum Payment to Owner, then Owner shall not be entitled to further payments or assistance from City.

The ‘yearly’ period of measurement of the Sales Tax Increment shall be in accordance with the normal processes of City. If necessary to reach the full Sales Tax Sharing Period, the final month or months shall be prorated.

2.6. Section 9.j of the Agreement is hereby amended to revise the addressees and addresses to which notices to the Parties shall be sent to read as follows:
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4856-3924-5771 v1
“OWNER: GL HOD, LLC/GL TOD LLC
111 E. Broadway, #900
Salt Lake City, UT 84111
Attn: John K. Garff
With a copy to: Ken Garff Automotive, LLC
111 E. Broadway, #900
Salt Lake City, UT 84111
Attn: General Counsel
CITY: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: City Manager
With a copy to: Burke, Williams & Sorensen, LLP
1600 Iowa Avenue, Suite 250
Riverside, CA 92507
Attn: Eric S. Vail

3.0 OWNER’S PAYMENT OF COST OF TAX SHARING REPORT. In
accordance with Section 3.46.020 of the Code, Owner has paid to City, as a condition precedent to City’s obligations hereunder, the amount of ten thousand dollars ($10,000.00) as and for the cost of the preparation of the Tax Sharing Report.

4.0 OPERATING COVENANTS. In accordance with Sections 3.46.030 and

3.46.050 of City’s Municipal Code, Owner agrees as a condition precedent to City’s obligations under this First Amendment, to record against the Property the Amended and Restated Operating Covenants attached hereto as Exhibit “B.” Said covenants shall be recorded promptly after the Effective Date, but in no event later than three (3) business days thereafter, shall survive the termination for any reason of the Agreement, as amended by this First Amendment, and shall run with the Property for the periods specified in said covenants.

5.0 GENERAL PROVISIONS.

5.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement as modified by the First Amendment remains in full force and effect and binding upon the Parties.

5.2 Integration. This First Amendment constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this First Amendment.
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4856-3924-5771 v1

5.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Owner.

5.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

5.5 References. All references to the Agreement and First Amendment include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement or First Amendment, unless expressly stated to the contrary in this First Amendment. [Signatures appear on following pages]
[Remainder of page intentionally left blank]
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4856-3924-5771 v1
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY:

City of Cathedral City
By:_________________________________
Charles McClendon, City Manager
ATTEST:

By: _______________________________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM
______
Eric S. Vail, General Counsel
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4856-3924-5771 v1
OWNER:

GL HOD, LLC
By:_________________________________

Name:___________________________
Title: ___________________________

GL TOD, LLC
By:_________________________________

Name:___________________________
Title: ___________________________
NOTE: OWNER’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.

IRV #4831-8436-2414 v2
DRAFT 12/4/19
4856-3924-5771 v1
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 UTAH

STATE OF UTAH )

COUNTY OF SALT LAKE )
On ____________________, 20__ ,
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 Utah 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
4856-3924-5771 v1
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 ____________________, 20__ ,
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.

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
4856-3924-5771 v1
EXHIBIT “A”
Tax Sharing Report
Tax Sharing Report - Honda and Toyota Sales Tax Abatement Analysis Sales Tax Abatement Base Analysis for Bradley Burns 1% Local Sales and Use Tax
•Proposed Amendment No. 1 to Sales Tax Sharing Agreement received offered the following parameters:
oMaximum payment - $4,427,000 (includes initial $427,000 which has already been paid)
oAgreement end date – Fiscal Year 2039/2040
•City determined $347,000 sales tax base established in 2016 contract with Honda was based on the calendar year quarters of 4Q 2014 through 3Q 2015 •Applied same methodology to Toyota to determine what the sales tax base would have been had an agreement been in place in 2016:
$134,796 (2014 - 4Q)
147,881 (2015 - 1Q)
158,730 (2015 - 2Q)
147,687 (2015 - 3Q)
$589,094
FY24 Payments (Honda)
•The remaining balance of $10,282 is due for the current agreement. This will be paid in FY24.

Forecasting
•Assuming flat growth based on FY24 estimated sales tax revenues and payments of 50% of the sales tax increment, we estimate the amended contract balance of $4,000,000 would be paid off in FY37.

•Honda:

Flat growth annual sales tax revenue $584,650
Less sales tax base (347,000) $237,650 x 50% = $118,825

4856-3924-5771 v1
•Toyota Flat growth annual sales tax
revenue $1,041,880
Less sales tax base (589,094)
$452,786 x 50% = $226,393
Annual Payment (Estimated) $345,218
Based on an annual payment of $345,218, the amended contract balance of $4,000,000 would be paid off in 12.824 years (FY37)
4856-3924-5771 v1
EXHIBIT “B”
Amended and Restated Operating Covenants
4856-3924-5771 v1
RECORDING REQUESTED BY: )
)

CITY OF CATHEDRAL CITY )
)
AND WHEN RECORDED RETURN TO: )

CITY OF CATHEDRAL CITY )
68-700 Avenida Lalo Guerrero )
Cathedral City, CA 92234 )
Attn: City Clerk )
APN: 687-040-024 )
(Space Above for Recorder's Use)
Exempt from Recording Fees Per Government Code Section 27383

AMENDED AND RESTATED OPERATING COVENANTS
This document, entitled Amended and Restated Operating Covenants ("Covenants"), is made as of _________, 2024, by NW LAND, LLC, a Delaware limited liability company ("Property Owner"), GL HOD, LLC, a Delaware limited liability company, for Honda of the Desert ("GL HOD"), and GL TOD, LLC, a Delaware limited liability company, for Toyota of the Desert (“GL TOD” and, collectively with GL HOD, the “Tenant”), for the benefit of the CITY OF CATHEDRAL CITY, a California charter city ("City"). Said entities may be individually referred to herein as a "Party" or jointly as the "Parties."

1. Relation to Tax Sharing Agreement. These Covenants are executed by Property Owner/Tenant and recorded in connection with that certain Sales Tax Sharing Agreement, dated March 23, 2016, as amended by that certain First Amendment to Sale Tax Sharing Agreement (collectively, the "Agreement") entered into between the Owner and Tenant and City of more or less concurrent date herewith, and is required under the provisions of the Agreement. The Agreement is attached hereto and incorporated herein by reference as Exhibit "A". Defined terms not otherwise defined herein shall have the meaning ascribed thereto in the Agreement.

2. Covenants Run with the Land. These Covenants shall run with the land legally described in Exhibit "B" attached hereto, and incorporated herein by reference (the "Property"), and shall constitute equitable servitudes thereon, and shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City. The Covenants shall be for the duration as specified in the Agreement, and all sales or long-term leases of the Improved Business shall likewise be governed by the Agreement.

3. Intended Use of Property. Property Owner/Tenant covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property, or any portion thereof, that upon Completion of construction of the Work of Improvement (both as defined in the Agreement), Property Owner/Tenant shall cause the Property to be used as automobile dealerships with integrated parts sales and service center (together, the "Intended Use"), except for such exceptions to such covenant as may be provided under the terms of the Agreement. Property Owner/Tenant covenants and agrees for itself, its successors, its assigns, and every successor in interest to the 4856-3924-5771 v1
Property, or any portion thereof, or of the Improved Business that upon Completion of construction of the Work of Improvement, Property Owner/Tenant shall devote the Property to the Intended Use for a period of sixteen years (16) years commencing the day after the issuance by the City of the final Certificate of Occupancy or similar document with respect to the Work of Improvement. No other use of the Property shall occur during the effectiveness of the Covenants without the prior written approval of the City, which approval shall be given or withheld at the sole discretion of the City.

4. Maintenance of Property. Property Owner/Tenant covenants and agrees for itself, its successors, its assigns, and every successor in interest to the property, or any part thereof, that Property Owner/Tenant, such successors and such assigns, shall maintain in good condition the improvements on the Property, shall keep the Property free from any accumulation of debris or waste material, shall remove any and all graffiti, shall maintain the property in compliance with all regulations, and shall maintain in a neat, orderly, healthy and good condition any landscaping required by the City during its normal approval processes to be planted on the Property, or placed on the Property by Property Owner/Tenant in its own determination.

5. Non-Discrimination. Property Owner/Tenant covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as of those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property; nor shall Property Owner/Tenant, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Properties.

Notwithstanding any provision of this paragraph, none of the cited statutes shall apply to the extent that they deal with housing of any kind.

6. Existing and Future Assessment Districts. The City may review the creation of a landscape and lighting district in the area where the Property is to be located, or, alternatively, the annexation of the Property into an existing City district. Such a district would assist the City in paying for the lighting and landscaping in the area, thus enabling it to install and maintain such amenities to the general benefit of the area and the specific benefit of the Property. Such a district would equitably apportion the costs among the benefited land owners. Property Owner/Tenant covenants and agrees, for itself and its successors and assigns, and on behalf of any and all Tenants, that it will participate in such a district for the life of the district, will vote in favor of its formation, or for annexation into an existing district, as applicable, if a vote is required, will otherwise support and not oppose the formation of the district or the annexation, and will pay when due the assessments apportioned to it. The Property Owner/Tenant agrees to include a similar provision in every lease of any portion of the Property to another entity such that the entity's obligations are essentially identical to the Property Owner's/Tenant's. Notwithstanding any provision in the Covenants to the contrary, the Property Owner/Tenant shall retain all rights under the district to appeal the amount 4856-3924-5771 v1
of the assessment allocated to the Property Owner's/Tenant's property and/or business.

7. Existing and Future Business Improvement Districts. The City may also review the formation of a business improvement district in the area where the Property is to be located. Such a district would provide assistance to all businesses within the district for a variety of purposes, each of which would be designed to generate patronage for such businesses. Such a district would assess business owners in the district on an equitable basis for its share of the costs expended for the mutual benefit of the business in the area. Property Owner/Tenant covenants and agrees, for itself and its successors and assigns, that it will participate in such a district for the life of the district, will vote in favor of its formation if a vote is required, will otherwise support and not oppose the formation of the district and will pay when due the assessments apportioned to it. The Property Owner/Tenant agrees to include a similar provision to every lease of any portion of the Property to an entity such that the entity's obligations are essentially identical to the Property Owner's/Tenant's. Notwithstanding any provision in these Covenants to the contrary, the Property Owner/Tenant shall retain all rights under the district to appeal the amount of the assessment allocated to the Property Owner's/Tenant's property and/or business.

8. Continuation of Certain Covenants.The covenants established against discrimination, those regarding maintenance of the Property, and the covenants related to landscape and lighting or business districts shall remain in effect in perpetuity. The covenants related to the Intended Use shall remain in effect for sixteen (16) years, calculated as indicated in Section 3, above.

9. City is Express Beneficiary of Covenants. The City is deemed the beneficiary of the terms and provisions of the Agreement and of the covenants running with the land for and in its own rights and for the purposes of protecting the interests of the community.

The City shall have the right, if such covenants are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or such other proper proceedings to enforce the curing of such breaches to which it or any other beneficiary of such covenants may be entitled, including, without limitation, to specific performance, damages and injunctive relief. In addition, at the City's sole discretion, any breach of these covenants shall be deemed a material breach of the Agreement, permitting the City to terminate the Agreement.

10. Supersedure. This Amended and Restated Operating Covenants supersedes and replaces certain Operating Covenants, dated as of March 23, 2016, recorded as document number 2016-0351307 in the official records of the County of Riverside.

WHEREFORE, Property Owner/Tenant, intending to be bound hereby, has executed this document, entitled Operating Covenants, on the date first above-written. 4856-3924-5771 v1
PROPERTY OWNER:

NW LAND, LLC
a Delaware limited liability company
By:

John K. Garff
Manager
TENANT:

GL HOD, LLC
a Delaware limited liability company
By:

John K. Garff
Manager

GL TOD, LLC
a Delaware limited liability company
By: _______________________________
John K. Garff
Manager
4856-3924-5771 v1
EXHIBIT "A" TO

OPERATING COVENANTS

SALES TAX SHARING AGREEMENT BETWEEN

THE CITY OF CATHEDRAL CITY AND GL HOD, LLC AND GL TOD, LLC [To be attached for recording only]

4856-3924-5771 v1
EXHIBIT "B" TO

OPERATING COVENANTS

LEGAL DESCRIPTION OF LEASED PREMISES

AFFECTED BY OPERATING COVENANTS
The land referred to herein is situated in the State of California, County of Riverside, City of Cathedral City and described as follows:

Parcel 1 of Parcel Map No. 21729, in the City of Cathedral City, as per Map on file recorded February 25, 1987, in Book 141, Pages 60, 61, 62 and 63 of Parcel Maps, Records of said County, and as Amended by Certificates of Correction recorded July 11, 1988, as Instrument No. 190265 and August 24, 1988, as Instrument No. 241092 , Official Records of Riverside County.

APN: 687-040-024

NOTICE OF PUBLIC HEARINGS

NOTICE OF PUBLIC HEARINGS OF CATHEDRAL CITY
(“CITY”) REGARDING A SALES TAX SHARING

AGREEMENT AMENDMENT BY AND BETWEEN THE

CITY AND GL HOD, LLC FOR HONDA OF THE DESERT

TO INCLUDE GL TOD, LLC FOR TOYOTA OF THE
DESERT
PLEASE TAKE NOTICE that the City of Cathedral City
(the “City”) will conduct a public hearing at 5:30 p.m. on August 14, 2024, in City Council Chambers at City
Hall, 68700 Avenida Lalo Guerrero, Cathedral City, CA
92234. At the public hearing, the City shall receive
evidence and testimony and consider (a) an
amendment to the Sales Tax Sharing Agreement
between the City and GL HOD, LLC for Honda of the
Desert, to include GL TOD, LLC for Toyota of the
Desert, as Approved Businesses, in accordance with
Ordinance 730 and (b) the written information
provided in accordance with Government Code
section 53803.

NOTICE IS FURTHER GIVEN that any and all persons
are invited to appear before the City and present
evidence or testimony concerning the foregoing
matters at the time, date and place set forth herein.

Among other matters, the Agreement concerns the
sharing of sales tax generated from the Honda of the
Desert located at 68025 Kyle Road within the City of
Cathedral City, and from Toyota of the Desert located
at 68105 Kyle Road within the City of Cathedral City,
all more specifically described in the Agreement.

A copy of the proposed Agreement is on file and
available for inspection and copying at a cost not to
exceed the cost of duplication, during normal
business hours at the office of the City Clerk at 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234.

6 5
9 RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY, CALIFORNIA, APPROVING TAX SHARING

REPORT AND AUTHORIZING THE CITY MANAGER AND CITY

ATTORNEY TO NEGOTIATE AND PREPARE A FIRST

AMENDMENT TO THE SALES TAX SHARING AGREEMENT WITH
GL HOD, LLC FOR HONDA OF THE DESERT UNDER TITLE 3,
CHAPTER 3.46 OF THE CATHEDRAL CITY MUNICIPAL CODE
WHEREAS, at the public hearing, duly noticed and held at the City Council meeting of Cathedral City (“City”) on August 14, 2024, the City Council received testimony and other evidence in accordance with section 3.46.040.B of the Cathedral City Municipal Code (“CCMC”) concerning the proposed first amendment to the Sales Tax Sharing Agreement with GL HOD, LLC for Honda of the Desert located at 68025 Kyle Road to include GL TOD, LLC for Toyota of the Desert (“Applicants”) located at 68015 Kyle Road; and
WHEREAS, Title 3, Chapter 3.46 of the Municipal Code (the "Program") authorizes the City Council to enter into a Sales Tax Sharing Agreement with Approved Businesses to provide an incentive program for the opening, operation and expansion of retail businesses within the City; and WHEREAS, the City Council finds that based on the record and evidence before it there are valid reasons for making the findings contained herein and designating Applicants as a Approved Businesses within the meaning of Title 3, Chapter 3.46 of the Municipal Code; and
WHEREAS, at the public hearing on August 14, 2024, the City Council opened the hearing for public testimony and presentation of additional evidence regarding the designation of the Applicants as Approved Businesses under the Program, and the terms of the Sales Tax Sharing Agreement; and
WHEREAS, on August 14, 2024, the City Council duly deliberated and considered all matters coming before it.

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

SECTION 1. FINDINGS
The City Council finds as follows:

A. That approval of the First Amendment to the Tax Sharing Agreement will meet the purposes set forth in Section 3.46.010 of the Municipal Code and will enhance the quality of facilities, goods, and services that Honda of the 6 5
9 Desert and Toyota of the Desert makes available to the public and the City's residents; that the retention of the Approved Businesses will provide a desirable and attractive shopping experience for the City's residents and visitors; and will maintain sales tax revenue to the City.

B.That the Applicants meet all requirements of the Program to be designated as Approved Businesses in accordance with Sections 3.46.020 and

3.46.030 of the Municipal Code.

C.That the First Amendment to the Tax Sharing A g r e e m e n t accurately depicts the anticipated benefits to the City and its residents of the proposed continued improvement, expansion and operation of GL HOD, LLC and GL TOD, LLC.

D.That the staff report, Tax Sharing Report, testimony and other evidence presented to the Council during the public hearing on this matter support the findings and satisfy the requirements of Title 3, Chapter 3.46.

E.That the Tax Sharing Report, staff report and other evidence received support providing assistance to GL HOD, LLC a n d G L T O D , L L C in an amount equal to fifty percent (50%) of the Sales Tax Increment (as defined in Section 3.46.020 of the Municipal Code) over a period of 16 years, but not to exceed $4,000,000.00 paid as provided in the Tax Sharing Agreement.

F. That the Sales Tax Base and Sales Tax Increment (both as defined in Section

3.46.020 of the Municipal Code) fairly determined and form the basis for the amount of assistance provided under the Program.

G. That GL HOC, LLC a n d G L T O D , L L C have agreed to enter into a Sales Tax Sharing Agreement, Operating Covenant (which will be recorded against the sites) and Indemnity Agreement (included within the Sales Tax Sharing Agreement) in accordance with Section 3.46.030 of the Municipal Code.

H. That the assistance provided under the Program by the City to GL HOD, LLC and GL TOD, LLC shall be in accordance with and meet the requirements of Title 3, Chapter 3.46 of the CCMC .

SECTION 2. APPROVAL OF APPLICANTS AS AUTHORIZED BUSINESSES GL HOD, LLC a n d G L T O D , L L C a r e hereby approved as a Authorized Businesses in accordance with Sections 3.46.020 and 3.46.030 of the Municipal Code.

SECTION 3. AUTHORIZING SALES TAX SHARING AGREEMENT
The City Council approves and authorizes execution of a Sales Tax Sharing Agreement with the GL HOD, LLC a n d G L T O D , L L C to receive an amount equal to fifty percent (50%) of the Sales Tax Increment over a period of 16 years, 6 5
9 but not to exceed $4,000,000.00 paid as provided in the Tax Sharing Agreement and approves and authorizes execution of a sixteen year (16) Amended and Restated Operating Covenant to be recorded against the sites.

SECTION 4. AUTHORIZATION TO SIGN RESOLUTION AND DOCUMENTS The City Council authorizes the Mayor to sign this Resolution, and the City Manager to sign the First Amendment to the Tax Sharing Agreement and Amended and Restated Operating Covenants as the City's representative.

SECTION 5. EFFECTIVE DATE
This Resolution shall become effective immediately.

SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of the City, in the minutes of the meeting at which this Resolution is passed and adopted.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council for the City of Cathedral City held on this 14th day of August, 2024.

Mark Carnevale, Mayor
ATTEST:

Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:

Eric S. Vail, City Attorney
Staff Report
City Council
Item No. 4.B
Meeting Date: August 14, 2024
From: Andrew Firestine, Community and Economic Development Director Title: General Plan Amendment No. 24-001
RECOMMENDATION:

1. Find that no further environmental review is required under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations).

2. Adopt a resolution approving General Plan Amendment No. 24-001 based on the findings and conclusions contained in the staff report.

FINDINGS:

Find that no further environmental review is required under the California Environmental Quality Act (CEQA) pursuant to state CEQA guidelines Section 15162 (Subsequent EIRs and Negative Declarations):

1. Find that the previously adopted Environmental Impact Report (the “Adopted EIR”) prepared for the 2040 General Plan (the “General Plan Update”) approved on July 28, 2021, has adequately identified the impacts associated with the project and no further review is required pursuant to Section 15162 of the California Environmental Quality Act (“CEQA”) and based on the following findings:
a. No substantial changes are proposed that would require major revisions of the previously Adopted EIR for the General Plan Update (approved July 28, 2021) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and b. No substantial changes have occurred with respect to circumstances under which the project was undertaken that would require major revisions of the previously Adopted EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. No new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previously Adopted EIR was approved has been identified; and d. The General Plan Amendment would revert approximately 3.4 acres designated on the General Plan Land Use Map for CN (Neighborhood Commercial) back to RL (Low Density Residential). On the basis that it can generally be assumed that low density residential land uses would result in comparable or less intense environmental impacts than commercial uses, it is reasonable to assume the proposed General Plan Amendment would result in equal or less intense impacts than those evaluated in the Adopted EIR.

Approve General Plan Amendment No. 24-001 based on the following findings:

1. The proposed General Plan Amendment (“GPA”) from CN (Neighborhood Commercial) to RL (Low Density Residential), consistent with the land use designation in place prior to the adoption of the 2040 General Plan Update. The proposed change in land use designation is consistent with the established goals, policies and objects of the General Plan;

2. The proposed GPA is consistent with the General Plan Housing Element. The subject site comprises a portion of site #11 identified in the Housing Element land inventory for above-moderate-income units. In combination with other units proposed and approved, the residential development of the subject site as facilitated by the GPA will enable the city to meet its Regional Housing Needs allocation. The current designation of the site as CN (Neighborhood Commercial) is inconsistent with the Housing Element land inventory. The proposed GPA would resolve this inconsistency between the General Plan Land Use Map and the General Plan Housing Element.

3. The proposed GPA is consistent with entitlements for the site (Tentative Tract Map No. 37755 and Planned Unit Development No. 19-001A) that were approved prior to the adoption of the 2040 General Plan Update. These entitlements are approved to subdivide APNs 670-130-004, -005, -014, and -015 into 110 single family lots. The current designation of the subject site, as CN (Neighborhood Commercial), is inconsistent with the approved entitlements for the residential development of APNs 670-130-014 and -015. The proposed GPA would resolve this inconsistency between the General Plan Land Use Map and approved entitlements that pre-date the 2040 General Plan Update.

4. It is in the best interest of the community to have an internally consistent General Plan and maintain a certified Housing Element.

5. Adoption of this General Plan Amendment is not in conflict with Section 65358(b) of the California Government Code relating to the number of amendments permitted per year, because this amendment is the first amendment of calendar year 2024.

BACKGROUND:

General Plan Amendment No. 24-001 proposes to change the designation of an approximately 3.43-acre rectangular area along the Ramon Road frontage of Assessor’s Parcel Number (APN) 670-130-014 and 670-130-015 from CN (Neighborhood Commercial) to RL (Low Density Residential (2-4.5 du/ac)).

The RL (Low Density Residential) designation provides for single-family residential development on individual lots typically ranging from about 7,500 to 20,000 square feet. The CN (Neighborhood Commercial) designation provides for neighborhood-scale shopping integrated with, and conveniently located as a part of, residential areas.

The 2040 General Plan Update was adopted by the City Council on July 28, 2021. An Environmental Impact Report prepared for the 2040 General Plan Update was also adopted by the City Council on July 28, 2021.

The 2040 General Plan Update changed the land use designation of the 3.43-acre portion of APNs 670-130-014 and 670-130-015 from RL (Low Density Residential) to CN (Neighborhood Commercial). The proposed amendment would reverse that change, reverting the General Plan land use designation of the 3.43 acres back to RL.

The approximately 3.43-acre subject site is also part of the project site for the Mountain View Estates development, comprised of Tentative Tract Map No. 37755 (110 single family lots) and Planned Unit Development No. 19-001. These entitlements were approved by the City’s Planning Commission on September 16, 2020. When the entitlements were approved for Mountain View Estates in 2020, the four parcels were entirely designated as RL (Low Density Residential).

An application re-filing Tentative Tract Map (TTM) No. 37755 was approved by the Planning Commission on June 5, 2024. Pursuant to Condition of Approval No. 3.23 for TTM No. 37755, the final tract map shall not be accepted by the City Council until the City Council has adopted General Plan Amendment No. 24-001.

PLANNING COMMISSION
The Planning Commission held a public hearing for General Plan Amendment No. 24-001 on July 17, 2024. The Planning Commission voted unanimously to recommend that the City Council adopt the proposed General Plan Amendment.

DISCUSSION:

ANALYSIS
The proposed General Plan Amendment is appropriate for the following reasons:
•The proposed GPA is consistent with the land use designation in place prior to the adoption of the 2040 General Plan Update and corrects the inconsistency created by the 2040 General Plan Update Land Use Map and the approved Mountain View Estates TTM No. 37755
•The subject site is included in the Housing Element as part of site #11 in the land inventory for the Regional Housing Needs Assessment (RHNA). This land inventory, presented in Table H-37 of the Housing Element, provides a list of parcels available to meet the City’s RHNA allocation. The City’s RHNA allocation for 2022-2029 estimates that a total of 2,549 housing units will be built in Cathedral City. Of these housing units, 1,199 units are expected to be constructed as single-family units for those of above moderate income
The subject site comprises a portion of site #11 identified in the Housing Element land inventory for above-moderate-income units. In combination with other units proposed and approved, the residential development of the subject site as facilitated by the GPA will enable the city to meet its Regional Housing Needs allocation. The current designation of the site as CN (Neighborhood Commercial) is inconsistent with the Housing Element land inventory. The proposed GPA would resolve this inconsistency between the General Plan Land Use Map and the General Plan Housing Element.

TRIBAL REVIEW
In accordance with Senate Bill 18, the project proposal was sent to local and regional Native American tribes on May 22, 2024 for review and comment. At the time of writing, two responses have been received.

The Augustine Band of Cahuilla Indians responded on May 28, 2024, indicating that no further consultation is needed.

The Agua Caliente Band of Cahuilla Indians (ACBCI) responded on July 10, 2024, requesting consultation. A consultation meeting with a representative of the ACBCI Tribal Historic Presentation Office was held on July 16, 2024. Following this meeting, the Tribe provided a letter concluding the consultation.

FISCAL IMPACT:

This project is being initiated by the Cathedral City Department of Community and Economic Development. Other than standard costs associated with staff time, public notification and Tribal consultation, no adverse fiscal impact will occur.

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.

ATTACHMENTS:

Attachment 1: Resolution No. _________
Attachment 2: Site Plan
Attachment 3: Senate Bill 18 Response Letters
RESOLUTION NO. ______
A

RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 24 -001 TO REVISE THE LAND USE DESIGNATION OF APPROXIMATELY 3.43 ACRES

DESIGNATED AS CN (NEIGHBORHOOD COMMERCIAL) ON THE GENERAL PLAN LAND USE MAP TO RL (LOW DENSITY RESIDENTIAL).

W
HEREAS, pursuant to Section 65300 of the State Planning and Zoning Law (Division 1 Title 7 of the California Government Code) on July 28, 2021, the City of Cathedral City adopted Resolution No. 2021-24 adopting the 2040 General Plan Update to provide comprehensive, long-range planning guidelines for future growth and development which incorporates the following thirteen elements: Land Use, Circulation and Mobility, Housing, Parks and Recreation, Community Design, Arts and Culture, Economic and Fiscal Health, Environmental Justice, Healthy and Sustainable Community, Open Space and Conservation, Air Quality and Climate Stability, Safety, and Public Services and Facilities. Each element of the General Plan provides Goals, Prorams, and Policies as required by State Law; and WHEREAS, General Plan Amendment 24-001 proposes to amend the General Plan Land Use Map so that the designation of the approximately 3.43- acre rectangular area along the Ramon Road frontage of Assessor’s Parcel Number s 670-130-014 and 670- 130-015 is re- designated from CN (Neighborhood Commercial) to RL (Low Density Residential); and WHEREAS, the RL (Low Density Residential (2 -4.5 du/ac)) designation, which provides for single-family residential development on individual lots typically ranging from about 7,500 to 20,000 square feet, is proposed for application to the subject site; and WHEREAS, the Project Site is identified in the adopted Housing Element as site #11 in the land inventory presented in Table H -37 of the Housing Element which identifies parcels available to meet the City’s Regional Housing Needs Assessment (RHNA).

WHEREAS, the proposed General Plan Amendment 24 -001 does not require further environmental review under the California Environmental Quality Act (CEQA) pursuant to Sate CEQA Guidelines Section 15162 (Subsequent EIRS and Negative Declarations); and WHEREAS, on July 17, 2024, the Planning Commission conducted a duly noticed public hearing on General Plan Amendment 24-001 at the City of Cathedral City Council Chambers, and adopted a Resolution recommending that the City Council adopt General Plan Amendment 24-001 to amend the Land Use Map; and
WHEREAS, on August 14, 2024, the City Council conducted a duly noticed public hearing on General Plan Amendment 24 -001 at the City of Cathedral City Council Chambers, and adopted a Resolution approving General Plan Amendment 24- 001 to amend the Land Use Map; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Recitals set forth above are true and correct and incorporated herein by this reference.

Section 2. Based upon the foregoing, oral and written testimony presented by members of the public and City staff (including reports and presentations made at the public hearing), the City Council find s that no further environmental review is required under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, Section 15162 (Subsequent EIRs and Negative Declarations), as follow:

1. No substantial changes are proposed that would require major revisions of the previously Adopted EIR for the General Plan Update (approved July 28, 2021) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

2. No substantial changes have occurred with respect to circumstances under which the project was undertaken that would require major revisions of the previously Adopted EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

3. No new information of substantial importance which was no known and could not have been known with the exercise of reasonable diligence at the time the previous Adopted EIR was approved has been identified; and

4. The General Plan Amendment would revert approximately 3.4 acres designated on the General Plan Land Use Map for CN (Neighborhood Commercial) back to RL (Low Density Residential). On the basis that it can generally be assumed that low density residential land uses would result in comparable or less intense environmental impacts than commercial uses, it is reasonable to assume that the proposed General Plan Amendment would result in equal or less intense impacts than those evaluated in the Adopted EIR.

Section 3. Based upon the foregoing, oral and written testimony presented by members of the public and City staff (including reports and presentations made at the public hearing), the City Council adopts General Plan Amendment 24-001 based on the following findings:
a. The proposed General Plan Amendment (“GPA”) from CN (Neighborhood Commercial) to RL (Low Density Residential) is consistent with the land use designation in place prior to the adoption of the 2040 General Plan Update. The proposed change in land use designation is consistent with the established goals, policies and objects of the General Plan;
b. The proposed GPA is consistent with the General Plan Housing Element. The subject site comprises a portion of site #11 identified in the Housing Element land inventory for above -moderate-income units. In combination with other units proposed and approved, the residential development of the subject site as facilitated by the GPA will enable the city to meet its Regional Housing Needs allocation. The current designation of the site as CN (Neighborhood Commercial) is inconsistent with the Housing Element land inventory. The proposed GPA would resolve this inconsistency between the General Plan Land Use Map and the General Plan Housing Element. c. The proposed GPA is consistent with entitlements for the site (Tentative Tract Map No. 37755 and Planned Unit Development No. 19- 001A) that were approved prior to the adoption of the 2040 General Plan Update. These entitlements are approved to subdivide APNs 670-130-004, -005, -014, and - 015 into 110 single family lots. The current designation of the subject site, as CN (Neighborhood Commercial), is inconsistent with the approved entitlements for the residential development of APNs 670-130-014 and -015. The proposed GPA would resolve this inconsistency between the General Plan Land Use Map and approved entitlements that pre- date the 2040 General Plan Update.
d. It is in the best interest of the community to have an internally consistent General Plan and maintain a certified Housing Element.
e. Adoption of this General Plan Amendment is not in conflict with Section 65358(b) of the California Government Code relating to the number of amendments permitted per year, because this amendment is the first amendment of calendar year 2024.

Section 4. Based upon the forgoing, oral and written testimony presented by members of the public and City staff (including reports and presentations made at the public hearing), the City Council adopts General Plan Amendment 24-001, attached hereto as Exhibit 1.

THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED on
this 14th day of August 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mark Carnevale, Mayor

ATTEST AND APPROVED AS TO CONTENT:

Tracey R. Hermosillo, City Clerk

APPROVED AS TO LEGAL FORM:

Eric S. Vail, City Attorney
Exhibit 1 - General Plan Amendment No. 24-001

McCALLUM WAY
670-
130-
015
670-
130-
004
670-
130-
005
670-
130-
014
Project Site
N
General Plan Amendment No. 24-001

McCALLUM WAY
670-
130-
015
670-
130-
004
670-
130-
005
670-
130-
014
Project Site
N
Augustine BAND OF CAHUILLA INDIANS
84-001 AVENUE 54 COACHELLA, CA 92236 | T: 760-398-4722 F: 760-369-7161 TRIBAL CHAIRPERSON: AMANDA AUGUSTINE TRIBAL TREASURER: William Vance TRIBAL COUNCIL MEMBER: RONNIE VANCE
Date: 05/28/2024
Dear: Dominique Camps
Associate Planner
SUBJECT: General Plan Amendment 24-001 (APN 670-130-014 and -015) Thank you for the opportunity to offer input concerning the development of the above-identified project.

We appreciate your sensitivity to the cultural resources that may be impacted by your project and the importance of these cultural resources to the Native American peoples that have occupied the land surrounding the area of your project for thousands of years. Unfortunately, increased development and lack of sens itivity to cultural resources have resulted in many significant cultural resources being destroyed or substantially altered and impacted. Your invitation to consult on this project is greatly appreciated.

At this time, we are unaware of specific cultural resources that may be affected by the proposed project, however, in the event, you should discover any cultural resources during the development of this project please contact our office immediately for further evaluation.

Very truly yours,
Jacobia Kirksey
J
acobia Kirksey, Tribal Operations Specialist
Augustine Band of Cahuilla Indians

03-007-2020-001
Dear Dominique Camps,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Mountain View Estates project. We have reviewed the documents and have the following comments:
[VIA EMAIL TO:[email protected]]
City of Cathedral City
Dominique Camps
68700 Avenida Lalo Guerrero
Cathedral City, CA Y92234
July 10, 2024
Re: Tribal Consultation Pursuant to SB18 General Plan Amendment 24-001 (APN 670- 130-014 and -015), City of Cathedral City
Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 883-1137. You may also email me at [email protected].

Cordially,
Luz Salazar
Cultural Resources Analyst
Tribal Historic Preservation Office

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
0 *Formal government to government consultation under California Senate Bill 18 (SB-18).
# * Please review the comments made on the ISMND.
# * Please add into the mitigation measures that landowner will relinquish ownership of all cultural resources.
# * An Agua monitor needs to be on-site during all initial ground disturbing activities. # * There are Tribal Cultural Resources within a mile radius from the project site.

Dear Dominique Camps,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the GPA 24-01 project. The project area is not located within the boundaries of the ACBCI Reservation. However, it is within the Tribe’s Traditional Use Area. For this reason, the ACBCI THPO requests the following:
[VIA EMAIL TO:[email protected]]
City of Cathedral City
Dominique Camps
68700 Avenida Lalo Guerrero
Cathedral City, CA Y92234
July 16, 2024
Re: Tribal Consultation Pursuant to SB18 General Plan Amendment 24-001 (APN 670- 130-014 and -015), City of Cathedral City
Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 883-1137. You may also email me at [email protected].

Cordially,
Luz Salazar
Cultural Resources Analyst
Tribal Historic Preservation Office

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
03-007-2024-003
*At this time the concerns of the ACBCI THPO have been addressed and proper mitigation measures have been proposed to ensure the protection of tribal cultural resouces. This letter shall conclude our consultation efforts under SB 18.

4 5
6 Staff Report
City Council
Item No. 5.A
Meeting Date: August 14, 2024
From: Anne V. Ambrose, Assistant City Manager
Title: Approve Cost Sharing Agreement with Palm Springs Motors in Cathedral City for Digital Reader Board Replacement
RECOMMENDATION:

To approve a cost sharing agreement with Palm Springs Motors in Cathedral City to contribute 50%, or an amount not to exceed $135,680.50 of the acquisition and installation costs, in order to replace one digital reader board; approve a budget amendment to the Economic Development Community Assistance Budget in the amount of $135,680.50 for the expenditure; and authorize the City Manager to execute the agreement.

BACKGROUND:

The former Economic Development Director received a request from Paul Thiel, owner of Palm Springs Motors, (located in Cathedral City) to discuss a cost sharing agreement for a new flagship digital reader board utilized to advertise their three brands (Ford, Mazda and Lincoln). Palm Springs Motors has been a long-time auto dealership in Cathedral City and Paul Thiel has been an important civic leader.

On June 28, 2023, the City Council approved a similar agreement with the Cathedral City Auto Center for replacement of their digital reader boards. Records show the City and/or Redevelopment Agency previously participated with the Auto Center dealers in providing funding for their digital reader boards in 2005 and 2011 but staff are unaware of any prior marketing/advertising contributions requested by Palm Springs Motors.

DISCUSSION:

Palm Springs Motors, located at the eastern entrance to Cathedral City on CA-111 is the first business encountered when entering the City. Their main sales and marketing exposure occurs along CA-111, including their flagship digital reader board.

The existing digital reader board has reached the end of its useful life. The manufacturer is no longer supporting warranties nor providing replacement parts. The current board’s LED’s do not operate with the same brightness and visibility as more modern boards.

Installing a new electronic reader board will increase readership up to 98%. The new board 4 5
6 will carry a 10-year warranty. As readership improves, the auto dealer believe sales will increase 10% to 12%.

Palm Springs Motors has engaged Southern California’s largest digital reader board maintenance and installation company, Electra-Media, Inc (EMI). EMI is proposing to install one Daktronics reader board in place of the current board. EMI’s recommended Daktronics board is the same long-life high-resolution boards currently being used at the City of Ontario, Riverside, Industry, Buena Park, and Montclair Auto Centers. The purchase and installation of the board will cost $271,361.00. The installation cost has been calculated to include prevailing wages. The purchase and installation of the Daktronics board is estimated to occur within 120 days following receipt of the down payment and City permit approvals.

Palm Springs Motors is requesting the City contribute 50% (or $135,680.50) of the total cost to acquire and install the Daktronics board. The contribution would occur in two payments of $67,840.25 triggered upon the shipment of the reader boards and upon turn-on of the reader boards. In consideration of the City’s 50% contribution, Palm Springs Motors will provide the City 15% total messaging time on the boards for City-related announcements.

This offer for 15% advertising time would run for the 10-year useful life of the new boards.

According to the Auto Center’s advertising company, a similarly located Lamar billboard would cost $4,000/month (or $48,000/year) for comparable advertising space.

Beyond Palm Springs Motors covering the initial 50% ($135,680.50) of the acquisition and installation cost and offering the City 15% of programing time, dealership will cover all monthly maintenance and programming costs over the 10-year life. The total annual maintenance and programming of $18,600 or $186,000 for 10 years. The total Palm Springs Motors investment in the acquisition, installation, maintenance, and operation of the one new board is estimated to be $321,680.50 ($135,680.50 + 186,000), which is exclusive of ongoing electrical and insurance costs and related permit fees for the installation.

FISCAL IMPACT:

DESCRIPTION GENERAL
LEDGER

ACCOUNT CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2024-2025
Economic
Development
Community
Assistance
100-100-130-
135-8650-8658 N/A $135,680.50 One Time
2024-2025 Total $135,680.50
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. Palm Springs Motors Digital Sign Licensing Agreement 4 5
6 Staff Report
City Council
Item No. 5.B
Meeting Date: August 14, 2024
From: Anne V. Ambrose, Assistant City Manager
Title: To Approve the Public Arts Commission's Recommendation of Artists to Paint the Ocotillo Park Benches.

RECOMMENDATION:

To approve the Public Arts Commission’s recommendation of artists to pain the Ocotillo Park Benches.

BACKGROUND:

The Public Arts Commission has been working on a public art project proposal to have the twenty-three concrete benches at Ocotillo Park painted by artists. Each artist would be compensated $500 if selected for their original artistic concept to be applied to one of the park’s benches. Ocotillo Park is a vibrant park, centrally located in the city that provides a range of recreational activities including ball fields, a basketball court, skateboard park, tennis court, tot lot, splash pad, and shade structures and barbecue stands to encourage group gatherings. The Commission desires to enhance the park by adding a new artistic element throughout the park facility. It also furthers the Commission’s goal of making art publicly accessible throughout the city, not only in the downtown area.

At the April 24, 2024 City Council meeting, staff presented the Public Arts Commission’s recommendation to approve a $16,500 budget from the Art in Public Places Fund for the Ocotillo Bench Project, which included:
•$11,500 for artist stipends (23 @ $500 each)
•$4,150 for priming and top-coat of benches
•$500 for incidental expenditures related to the project.

The City Council approved the item and a call for artists went out soliciting artists to paint the benches
DISCUSSION:

As a result of the call for artists, fifty-two submittals were received representing artists from around the city and region. On June 25, 2024, the Public Arts Commission held a special meeting in which they reviewed all of the artist submittals and selected twenty-three artists to paint the benches. Two alternates were also chosen in case any of the other artists dropped out. The Commissioners had a daunting task to narrow the field due to the high quality of the submissions received and were diligent in reviewing the art, considering its relevance to the park and the community, its composition, and the overall curation of how all of the painted benches will fit in the park.

The Public Arts Commission selected the following artists twenty-three artists (and two alternates) and are recommending them to the City Council for approval tonight. The bench number corresponds to the location of the bench in the park that they have been selected to paint. The recommended artists are:
• Tekeyah Whitworth, Bench 1
• Tyler Ontiveros, Bench 2
• Chris Ganillo, Bench 3
• Sydney Oliff, Bench 4
• Adriana Lopez-Ospina, Bench 5
• Jay Gaskill, Bench 6
• Barbara Eberhart, Bench 7
• Jesus Vega, Bench 8
• Raphaele Cohen-Bacry, Bench 9
• Emeline Tate, Bench 10
• Taunyo Jones Hidalgo, Bench 11
• Ravi Wilkie, Bench 12
• Mia Martinez, Bench 13
• Allie Hebb, Bench 14
• Jeremy Novy, Bench 15
• Diane Morgan, Bench 16
• John Burkland, Bench 17
• Kellie Pellegrini, Bench 18
• Kat Travino, Bench 19
• Kristina Nyberg, Bench 20
• Patrick Sheehan, Bench 21
• Sarah Soward, Bench 22
• Jacquelyn Isais, Bench 23
• Cathy Brown/Preston Sparks – Alternate 1
• Carlos Cardoza – Alternate 2
FISCAL IMPACT:

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2024-2025 Ocotillo Bench
Project
231-500-510-
513-8800-8802 N/A $16,500 ONE-TIME
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-6 Maximize the use of existing resources to include underutilized parks and the library to support goals with the budget we have.

ATTACHMENTS:

1. Ocotillo Park Map

2. Artist Proposals

CITY OF CATHEDRAL CITY

OCOTILLO PARK BENCH PAINTING

PUBLIC ARTS COMMISSION

Tekeyah Whitworth, Bench 1

Tyler Ontiveros, Bench 2

Chris Ganillo, Bench 3

Sydney Oliff, Bench 4

Adriana Lopez-Ospina, Bench 5

Jay Gaskill, Bench 6

Barbara Eberhart, Bench 7

Jesus Vega, Bench 8

Raphaele Cohen-Bacry, Bench 9

Emeline Tate, Bench 10

Taunyo Jones Hidalgo, Bench 11

Ravi Wilkie, Bench 12

Mia Martinez, Bench 13

Allie Hebb, Bench 14

Jeremy Novy, Bench 15

Diane Morgan, Bench 16

John Burkland, Bench 17

Kellie Pellegrini, Bench 18

Kat Travino, Bench 19

Kristina Nyberg, Bench 20

Patrick Sheehan, Bench 21

Sarah Soward, Bench 22

Jacquelyn Isais, Bench 23

Cathy Brown/Preston Sparks – Alternate 1

Carlos Cardoza – Alternate 2

Staff Report
City Council
Item No. 5.C
Meeting Date: August 14, 2024
From: Ryan Hunt, Communications & Events Manager
Title: Tastes & Sounds Fall Series, Movies in the Park & SnowFest Budget Adjustment
RECOMMENDATION:

To authorize the adoption of a fall Tastes & Sounds of Cathedral City and Movies in the Park series in the Community Amphitheater, and to transfer $25,000 from this year’s SnowFest event budget to the Taste of Jalisco Festival, Jan. 31 - Feb. 2, 2025.

BACKGROUND:

After the success of the inaugural season of Tastes & Sounds of Cathedral City in the Community Amphitheater, Mayor Pro Tem Nancy Ross approached Communications & Events with an interest in a fall series and pledged $10,000 of her district funds to make it happen. In total, thousands came out to enjoy this eight-week series in Spring 2024 and staff is optimistic about the future of Tastes & Sounds, as we work to provide more weekly activities in the Cathedral City Community Amphitheater.

If approved, the fall series would take place over six weeks from Tuesday, Oct. 8 to Nov. 12, 2024. Council Member Rita Lamb expressed interest in a Movies in the Park series in the amphitheater, which Communications & Events proposes for the same six weeks (10/8 - 11/12) on Thursday evenings.

With the increase in scope and cost of the Taste of Jalisco Festival in recent years, Communications & Events also believes this event needs greater financial assistance to ensure its momentum and positive trajectory. Staff believes an eight-hour all day SnowFest event isn’t necessary and can still be successful with a smaller budget and transitioning some of those funds to Taste of Jalisco.

DISCUSSION:

The total cost of a six-week abbreviated Tastes & Sounds of Cathedral City in the fall could be achieved with $20,000. With the pledged $10,000 from Mayor Pro Tem Ross, it would require a budget amendment or additional pledge of Council district funds to get staff to the full amount needed for a fall series in the Community Amphitheater.

For Movies in the Park, it would cost the City of Cathedral City approximately $12,000 for a six-week movie series. It’s $1,500 each week for the inflatable screen if staff utlizes Jacobsway Productions. The licenses are per movie, per event and the licensing fees will vary depending on the movie selection and crowd size. A one-day Public Performance License for most movies, for a crowd size of 200 people or less averages about $500 per movie event. This would also require a budget amendment or a pledge of Council district funds.

Communications & Events staff feel it would be beneficial to take $25,000 from this year’s SnowFest budget ($35,000) and transition that amount to this year’s Taste of Jalisco Festival. Staff is confident that they can still pull off a nice SnowFest event for families to enjoy that will include snow, train rides, a tree lighting, food vendor and Santa & Mrs. Claus (all the most popular elements of the holiday event) at just under $10,000. This would bring the total Taste of Jalisco budget to $107,688.

While the villages for SnowFest have provided sponsorship opportunities, they have also become obsolete and unsustainable from a cost standpoint. For a scaled down 10 villages (staff utilized 20 in 2023), it’s still $16,800 to install and tear down. It’s an incredibly inconvenient setup and tear down process, and many of the wood pieces have started to deteriorate. Staff hope to enhance the holiday feel and add a few more decorations with the money saved from the villages. The City of Cathedral City would also save nearly $9,000 in annual costs ($741/month) currently authorized to store the villages.

FISCAL IMPACT:

With the pledged $10,000 from Mayor Pro Tem Ross and her district funds, it would require a budget amendment of $10,000 or additional pledge of Council district funds for the full $20,000 needed for a fall Tastes & Sounds of Cathedral City series in the Community Amphitheater.

For Movies in the Park, it would cost the City of Cathedral City approximately $12,000 for a six-week movie series, which would also require either Council district funds or a budget amendment.

The proposed budget funding transfer from SnowFest to Taste of Jalisco would not require any additional budget amendments.

FIVE-YEAR STRATEGIC PLAN:

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

ATTACHMENTS:

1. SnowFest Budget 2024

2. City of Cathedral City Movie Contract 2024

3. Snowfest Setup Breakdown Proposal 2024
SnowFest
Budget
Attraction Cost
Trackless Train $ 3,500.00
Arctic Glacier
Snow $ 3,232.50
Santa & Mrs.

Claus $ 500.00
Santa Couch $ 400.00
Total Cost $ 7,632.50
Total Budget $ 10,000.00
Signature Sculpture PROPOSAL# 112024
Phone: 760-275-2779
P.O. Box 111
Palm Desert, CA 92261
Bus. license# 017351
Bill to: CITY OF CATHEDRAL CITY Proposal Date: 08/01/24 Public Works Department
68700 Ave. Lalo Guerrero,
Cathedral City, CA 92234

PROJECT

SPECIAL PROJECTS
Date of Service PROJECT DETAILS Cost per project North Pole Village Snowfest - Assembly
Scope of Work > Transport 40 panels from Storage Facility located on Date Palm to Townsquare Ave Lalo Guerrero - 7 trips
> Assemble 40 panels (Sections 1-10, each section consists of 4 panels) and 10 roof tops
* Assembly includes: attaching panels with bolts & screws, reinforcing wedges underneath panels and using chain/rope to secure panels, double checking all connections and placing approx. 40 sandbags on back of panels Installation: 7 laborers, 2 days at 8 hours each day 10,500.00$ Installation Date: week of November 18 - 22, 2024
North Pole Village Snowfest - Breakdown
Scope of Work > Breakdown 40 panels and 10 rooftops and transport from Townsquare - Ave Lalo Guerrero to Storage Facility on Date Palm - 7 trips Deinstall: 8 laborers, 1 day at 8 hours 6,300.00$
Removal Date: January 6, 2025
Changes to We encourage the City to notify Signature at least a month prior to the Scope of Work installation date if there are any changes to scope of work. Changes to the original scope of work could affect the installation dates and delay the project. * Any changes to the Scope of Work will require a budget modification that will need to be approved by the City prior to proceeding with project.

Customer Signature:

Date:
* Quote is valid for 60 days.

TOTAL 16,800.00$
Make checks payable to:

SIGNATURE SCULPTURE
P.O. BOX 111
PALM DESERT, CA 92261

P.O. Box 2802 Cathedral City, CA 92235
(760) 464-6878
Company: City of Cathedral City
Contact:

Address: 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234 Email:

Address of Event: Cathedral City Amphitheater
Booking Date: October 10th 2024 – November 14th 2024 (6 dates) Event Date: October 10th 2024, October 17th 2024, October 24th 2024, October 31st 2024, November 7th 2024, November 14th 2024.

Start/End Time: ___pm until movie is over or after dusk Price Per Event: $1500 not including movie
Deposit/Paid

This agreement is entered in as of (Date) ___________ between Jacobsway Productions (hereinafter referred to as Jacobsway) and Client _______________________ (hereinafter referred to as Client).

1. Payment Schedule. Reservation. A reservation is only confirmed once a deposit is received. Terms the initial nonrefundable deposit shall be 50% of the total amount due in the initial deposit shall be $___________. Payable to Shauna McGloin DBA Jacobsway Productions. The balance of the total fee must be received before the movie begins. Event credit may not be used as a deposit where the services ordered is greater than the value of the credit.

2. Cancellation. The client may cancel due to expected inclement weather before noon on the day prior to the scheduled event. Client will receive a credit for the event. The notice of the new date must be scheduled within 30 days of the originally scheduled event. Jacobsway will work with the client to reschedule a mutually convenient time to make up the event within two months of the canceled event. Client may not cancel event due to weather earlier than 48 hours prior to the start time of the event. Except as otherwise provided herein cancellation of this agreement by client for any reason at all not including inclement weather and even when such notice was given with sufficient notice shall cause the forfeiture of $____________ deposit.

4. Extreme Weather Conditions. Jacobsway reserves the right immediately to cancel the event in its sole discretion and without notice if there is any threat of lightning, rain, wind or extreme temperatures (above 100) and if the movie has not been started the client shall receive a credit. Jacobsway and the client will mutually decide on a new date.

5. Licenses, Permits and Insurance. Any and all necessary entertainment permits and insurance where applicable is to be provided by the client. Client shall notify Jacobsway any such special requirements the venue 30 days in advance of the event. All fees, costs and disbursement associated with the permits and insurance to be borne by client.

6. Governing Law and Jurisdiction. Any legal action involving a dispute or matter arising under this agreement may be only be brought in Riverside County, CA.

7. Entire Agreement. This agreement contains the entire agreement between the parties and supersedes all prior written or oral agreements. This agreement may not be modified except in writing signed by both parties.

8. Overtime. Any movie/presentation over two and a quarter hours will be charged $75 per additional half- hour. The client has 30 minutes from their start time as indicated in the contract to begin their event. Anything over 30 minutes will be charged $75 per half hour.

In witness whereof, the parties hereto execute this agreement as the day in the year first written.

Please note if there is any wind on the day of the event the movie screen must go parallel to the wind, if wind is a factor this may cause your event to be canceled.

I, the undersigned hereby give permission for Jacobsway to charge for all purchases on invoice/contract Client

______________________________________________________ Date ___________________ Title

______________________________________________________
Jacobsway Productions

_______________________________________________________ Date __________________

Title

_______________________________________________________ Staff Report
City Council
Item No. 5.D
Meeting Date: August 14, 2024
From: George Crum, Police Chief
Title: Second Amendment to Agreement for Animal Control Field and Shelter Services with County of Riverside, Department of Animal Services
RECOMMENDATION:

To approve the second amendment to the agreement for animal control field and shelter services with the County of Riverside, Department of Animal Services for animal control services and authorize the City Manager to execute the agreement.

BACKGROUND:

The City of Cathedral City has contracted for animal control field and shelter services through the County of Riverside Department of Animal Services since FY 2005. The Department of Animal Services provides a variety of services, which include the sheltering of stray animals, responding to and sheltering of wildlife, collection and disposal of deceased animals and licensing of animals. On June 3, 2024, the County of Riverside notified the Police Department of a proposed 5% rate increase for services for the period of August 1, 2024, through June 30, 2025. The rate increase was presented to the Riverside County Board of Supervisors on June 25, 2024. At that meeting, the County Board of Supervisors approved the rate increase for contract cities. The purpose of the increase was to allow for additional cost recovery in providing contract services. The current contract expired on June 30, 2024.

DISCUSSION:

Ever since the Police Department started utilizing the services of the County of Riverside Department of Animal Services, they have been the primary point of contact for addressing all animal control related concerns within the city. Currently, the city has a contract for the services of one part-time Animal Control Officer who works 20 hours per week in the field, specifically on weekdays from 8 am to 12 pm. The Riverside County Department of Animal Services offers a comprehensive range of services, including:
•Field Service Assistance (responding to calls)
•Impoundment (impounding of animals)
•Proper care and treatment (sheltering of animals)
•Animal Bites (investigate reported bites by animals)
•Quarantine (quarantine animals suspected to be rabid)
•Nuisance Animal Complaints (respond to and process nuisance complaints) •Dead Animals (remove dead animals from public right-of-way) •Return of Impounded Animals (encourage return of any lost/stray animal to rightful owner)
•Kennels and Catteries (inspect and issue permits for kennels and catteries) •Issuance of Warnings and Citations (enforce appropriate CCMC provisions as necessary)
•Service to Public (provide service to the public, consistent with the agreement) The renewal of the one-year contract does not change any of the services provided by the county.

During fiscal year 23/24, County of Riverside, Department of Animal Services had the following statistics:

Citations Issued 59
Deceased Animal
Responses 287
Stray Animal Responses 330
Animal Bite Investigations 63
Animal Licenses 1,065
*This table does not represent all activity. Just the most common items. * The budget for Animal Control services over this current 2-year budget cycle includes an allocation of $335,000 for fiscal year 23/24 and 24/25. With a 5% increase in rates, the estimated one-year cost rises to $317,904.19.

As of now, the Police Department has spent $226,111.61 for fiscal year 23/24 through May.

While awaiting the final true up costs from the County of Riverside, it is expected that the final amount will be well under the budgeted $335,000 for services.

The new estimated amount is derived from past contract years’ service projections. Since the previously budgeted amount exceeds the estimated contract from Riverside County, there is currently no need for a budget amendment. The contract falls within the funding limit for fiscal year 24/25 for animal services.

This table displays the previous fiscal year rates and the proposed fee increase for fiscal year 24/25:

Department of Animal Services Fee Increase
Proposed 24/25 ACO Rates
Position Current Rate FY
23/24
Proposed Rate FY
24/25
ACO Hourly Rate $131.31 $137.88
ACO Overtime Rate
(Hourly-
minimum call out of
2hrs.
$170.15 $178.66
Proposed Daily Sheltering Rate
Service Current Rate FY
23/24
Proposed Rate FY
24/25
Daily Sheltering Rate $34.10 $35.81
Proposed License Processing Fee
Service Current Rate FY
23/24
Proposed Rate FY
24/25
License Processing Fee $11.35 $11.92
Proposed Impound Fees
Service Current Rate FY
23/24
Proposed Rate FY
24/25
Coachella Valley AC $10.86 $11.40
Other Proposed Fees
Service Current Rate FY
23/24
Proposed Rate FY
24/25
Large Animal-Horses $20.00 $21.00
Large Animal-Donkey,
Sheep $12.00 $12.60
Deads $70.00 $73.50
Wildlife $138.00 $144.90
The below table shows the updated estimated annual cost for the service contract with County of Riverside, Department of Animal Services:

Service Quantity Cost Annually Monthly
Half-time Animal
Control Officer 1,040 $143,395.20 ea. $143,395.20 $11,949.60 Estimated Overtime 94.10 $178.66/hour $16,811.91 $1,400.99 Animal Sheltering 3,526 $35.81/day $126,266.06 $10,522.17 Wildlife Impounds 7 $144.90/per $1,014.30 $84.52
Deceased Animal Pick-
Up and Disposal 128 $73.50/per $9,408.00 $784.00
O&M 608 $11.40/impound $6,931.20 $577.60
License Processing 1,181 $11.92 per
license $14,077.52 $1,173.12
Total Estimated Cost $317,904.19/FY $26,492.00/month
Staff has previously researched other options, with potentially utilizing Palm Springs and Desert Hot Springs animal services. However, upon review, both cities have limitations in terms of the availability of kennel space and would not have the capacity to effectively handle the anticipated increase in volume from our city.

FISCAL IMPACT:

The fiscal impact for the contract is a 5% rate increase in fees for animal services provided by Riverside County. The budged amount for animal services for fiscal year 24/25 is $335,000. The estimated total contract is $317,904.19. If the contract would reach that amount, $17,095.81 would still be available for animal services.

FIVE-YEAR STRATEGIC PLAN:

Not Applicable
ATTACHMENTS:

1. Agreement

2. Contract cities rate increase notification letter

Page 1 of 14 ends

SECOND AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF CATHEDRAL CITY

AND THE COUNTY OF RIVERSIDE
This Second Amendment to the AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES between COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”) and the CITY OF CATHEDRAL CITY (“CITY”), herein referred to as the “Second Amendment”, dated as of the Effective Date (defined herein), amends the Agreement as follows:

RECITALS
WHEREAS, COUNTY and CITY entered into an Agreement for Animal Control Field and Shelter Services Between the City of Cathedral City and the County of Riverside for the provision of Animal Control Field and Shelter Services (“Original Agreement”) for a term commencing July 1, 2021 through June 30, 2023 (“Agreement”); and WHEREAS, the COUNTY’s Board of Supervisors ratified and approved the Agreement on February 1, 2022, in Minute Order 3.3; and
WHEREAS, the COUNTY has continuously provided the CITY with Animal Control Field and Shelter Services since July 1, 2021; and
WHEREAS, the Agreement authorizes amendments to the Agreement with the approval of the Board of Supervisors of COUNTY and City Council of CITY; and WHEREAS, COUNTY and CITY entered into a First Amendment to Agreement for Animal Control Field and Shelter Services Between the City of Cathedral City and the County of Riverside effective July 1, 2023, through June 30, 2024; and WHEREAS, COUNTY and CITY desire to extend the term of the Agreement until June 30, 2025; and
WHEREAS, COUNTY and CITY desire to amend the Agreement to reflect changes in the compensation, license fees and payment provisions.

NOW, THEREFORE, in consideration of the foregoing, COUNTY and CITY agree as follows:

1. Recitals – The recitals set forth above are true and correct and incorporated herein by reference.

2. Effective Date and Term. “The “Effective Date” of this Second Amendment shall be July 1, 2024 and shall terminate on June 30, 2025 unless terminated earlier as provided herein under Section VI, Termination.”

3. Section I: Obligations of Parties; C. City Obligations: 2. is hereby added to state the following:

Page 2 of 14 ends

SECOND AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF CATHEDRAL CITY

AND THE COUNTY OF RIVERSIDE
In order for COUNTY to provide the full scope of services to CITY under this Agreement, within six (6) months following the Effective Date of this Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534 and 630 codified as Riverside County Code of Ordinances Title 6-Animals and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time. CITY will revise its municipal code within sixty (60) days of the COUNTY’s notification. COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.

4. Exhibit “A,” Exhibit “B” and Exhibit “C” of the Agreement are hereby removed in their entirety and replaced with Exhibit “A-2”, Exhibit “B-2,” and Exhibit “C-2” attached hereto and incorporated herein by this reference.

5. Entire Understanding. This Second Amendment, the First Amendment and the Original Agreement contain the entire understanding and agreement of the Parties. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements that are not contained or expressly referred to within this Second Amendment, First Amendment and Original Agreement.

6. Further Assurances. The Parties agree to execute such other documents and to take such other actions as may be necessary to further the purpose of this Second Amendment.

7. Agreement in Full Force and Effect. Except as otherwise expressly modified herein, all other terms and conditions of the Original Agreement remain unmodified and in full force and effect.

8. Counterparts. This Second Amendment may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

Page 3 of 14 ends

SECOND AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF CATHEDRAL CITY

AND THE COUNTY OF RIVERSIDE
IN WITNESS WHEREOF, COUNTY and CITY have caused their duly authorized representatives to execute this Second Amendment.

COUNTY OF RIVERSIDE
By:

Kevin Jeffries, Chair
Board of Supervisors

CITY OF CATHEDRAL CITY
By:

Charlie McClendon
City Manager
ATTEST:

Kimberly Rector
Clerk of the Board
By:

ATTEST:

Tracey Hermosillo
City Clerk
By:

APPROVED AS TO FORM:

Minh Tran
County Counsel
By:

Deputy County Counsel
APPROVED AS TO FORM:

By:

Eric S. Vail
City Attorney

Page 4 of 14 ends

CITY OF CATHEDRAL CITY
EXHIBIT “A-2”

SCOPE OF ANIMAL CONTROL FIELD SERVICES
The County of Riverside (“COUNTY”), agrees to provide the following animal control field services for the City of Cathedral City (“CITY”):

1. Provision of Field Services: The Animal Control Field Services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in this Exhibit A below.

1.2 Impoundment: County shall impound all animals found at large and collect and retain such impound fees as established by COUNTY’s Board of Supervisors.

1.3 Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal in accordance with State law.

1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs or by suspected rabid or wild animals. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.5 Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the California Department of Public Health, and COUNTY policy.

1.6 Nuisance Animal Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referenced in Riverside County Ordinance 630, codified at Title 6 of the Riverside County Municipal Code (“Title 6”). CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.7 Dead Animals: Remove dead animals from the public right-of-way except in such cases where the animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State of California Department of Transportation by telephone, facsimile, email or other means.

1.8 Return of Impounded Animals: Encourage the return of any lost/stray animal (impounded by field personnel) to the rightful owner in the field, subject to the payment of impound fees.

1.9 Kennels and Catteries: COUNTY shall inspect and issue permits to operate dog kennels and catteries within CITY pursuant to Title 6 and collect fees in connection therewith.

1.10 Issuance of Warnings and Citations: Enforce all appropriate provisions of City’s Municipal Code, as necessary, including the issuance of warning notices or citations, for violations of the provisions of said Code. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.11 Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as described in Section 5 below.

1.12 Complaints: The CITY and COUNTY shall designate a primary and alternate contact person for the purpose of addressing complaints. "Complaint" as used herein shall mean any dissatisfaction or

Page 5 of 14 ends

problem in the performance of services under this contract. When a complaint is received that requires a response from either PARTY, the CITY and COUNTY representatives designated for addressing complaints shall meet and confer to investigate and address the complaint within a reasonable time period.

2. Shelter Care and Disposition Services: The COUNTY shall shelter CITY’s animals at the County Animal Shelter, or other COUNTY operated shelter at the COUNTY’s discretion.

3. Provision of Supplies, Vehicles and Radio Equipment: COUNTY shall provide animal control vehicle(s) and equip it with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. Vehicles shall be replaced at the COUNTY’s discretion. The COUNTY shall fuel and maintain said vehicles. County shall also provide all other supplies, medications, pharmaceuticals, and equipment necessary for the efficient and effective operation of animal control field services provided herein.

4. Missing or Stolen Animals: COUNTY shall file a report with the appropriate law enforcement agency within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

5. Priority of Field Services:

5.1 Definitions:

5.1.1 “Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of Title 6, related State law, and where applicable, County of Riverside Ordinances, and are assembled for expediency into two categories:

Emergency and Non-Emergency.

5.1.2 “Priority Ranking” refers to the order of priority with which a call will be handled. All calls shall go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is exceptional, as defined in Section 5.4 of this Exhibit A, it shall be referred to the supervisor for evaluation and processing.

5.1.3 “Regular Service Hours” are the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.

5.1.4 “Limited Service Hours” are the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on holidays.

5.1.5 “Holidays” are as those days as established by the COUNTY and the CITY wherein the CITY or COUNTY is closed for service on a day that would otherwise be a regular service day.

5.2 Field service activities shall be performed daily and are generally based on both the Priority Ranking and on Limited Service Hours. All calls involving imminent danger will be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited Service Hours and on Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Hours which are of an emergent nature pursuant to this Exhibit A. Field service personnel shall be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.

Page 6 of 14 ends

5.3 Telephone service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit A. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls.

Records of these calls shall be maintained for at least thirty (30) days. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and requires immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call back on the next business day during phone center operational hours. These calls then be scheduled for response in accordance with this Exhibit A.

5.4 Calls considered as Emergencies to be handled Without Delay:

5.4.1 Animals endangering health or safety of the community.

5.4.2 Police Department requests for service.

5.4.3 Sick or injured stray animals.

5.4.4 Animals in distress.

5.4.5 Humane investigations – life threatening. (Depending on immediate circumstance)

5.4.6 Venomous snakes

5.4.7 Dead animal removal, Summer months only between June 1 and August 31 during Regular Business Hours

5.5 Calls Considered as Non-Emergency to be handled during Regular Business Hours:

5.5.1 Pick-up confined, healthy, stray-animals.

5.5.2 Dead animal removal, between September 1 and May 31.

5.5.3 Quarantine investigations.

5.5.4 Leash law enforcement.

5.5.5 Nuisance animal investigations.

5.5.6 Permit investigations.

5.6 Exceptions:

The Director of Animal Control or the deputies of the Animal Control Director may, on a case-by-case basis, authorize variations of priority when circumstances require. .

6. Quarterly Reports:

COUNTY shall furnish to the City Manager, or designee, quarterly and annual reports detailing field services provided that quarter. In addition, calls received by call center will be attached with the quarterly reports for review. No charge will be made for these materials. Upon reasonable notice to COUNTY, CITY may inspect any facility or records to verify the data contained in the reports.

Page 7 of 14 ends

CITY OF CATHEDRAL CITY
EXHIBIT “B-2”

SCOPE OF ANIMAL SHELTERING SERVICES
The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following Animal Shelter Services for the City of Cathedral City (“CITY”). All capitalized terms set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION

1.Shelter Location: The COUNTY shall maintain CITY’s animals at the Coachella Valley Animal Campus (“Shelter”), or other shelter operated by COUNTY at COUNTY’s discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) hour basis.

2.Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. “Animal Shelter Services” shall include the following activities and services:
a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually.
e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at the owner’s expense.
f. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal-by-animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit C, Payment Provisions. h. “Care” includes, but is not limited to providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.

2. “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared “vicious” or “potentially dangerous” under State and/or local laws shall be deemed unadoptable.

3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. “Treatable” shall also mean an animal with behavioral conditions that may be corrected with time and proper training, such as chasing animals/objects,

Page 8 of 14 ends

food aggression, etc.

4. “Untreatable Animal” shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.

5. “Impounded Animal” shall include animals found running at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement.

6. “Seized Animal” shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determined justified or not, when exigent circumstances exist.

C. SCOPE OF ANIMAL SHELTER SERVICES

1.Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2.Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

3.Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4.Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5.Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein.

6.Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise owner identifiable, for the holding periods as required by State law.

7.Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time, and location where animal was found; method of euthanasia, and reason for use of method.

8.Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid, or

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involved in a bite investigation.
a.Impoundments and Quarantines: COUNTY shall house, feed, and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

9.Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate. a.Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case- by-case basis. Diversion programs will be offered to assist with pet retention. CITY shall direct their constituents to consult with COUNTY to surrender their pet. COUNTY will offer CITY’s constituents assistance through diversion programs.

10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate. CITY Animal Control Officers shall refer constituents requesting to surrender their animal to COUNTY for a diversion consultation. CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY.

11.Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12.Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

13.Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival at the Shelter.

Shelter staff shall make all attempts to notify owners within twenty-four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals to the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags, or research license numbers in an effort to reunite animals in the field.

14.Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except during Limited Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed

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c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Establish unique identifier for the animal
g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an examination/assessment has been performed.

15.Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

16.Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online.

17.Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition.

In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

18.Microchipping: In accordance with California Food and Agricultural (“F&A”) Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

19.Community Adoption Partners: COUNTY shall comply with F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.”

20.Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

21.Community Cat Program (CCP): COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and eartipped.

Once the cat has recovered, the cat will be returned to place of origin.

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22.Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

23.Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary, and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision, and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

24.Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

25.CITY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

26.Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

27.Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28.LICENSE FEES (Section 2 of Riverside County Ordinance 630): Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

29.RABIES VACCINATION CERTIFICATE DATA: Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY’s website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal’s license by telephone.

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30.COLLECTION OF LICENSE FEES: CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain $11.92 per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall remit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the total of $11.92 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in Section III. Compensation.

CITY shall be responsible for a one-time conversion fee for new data, which is estimated to cost the City approximately $10,000 - $20,000. This cost does not include the expected ongoing annual maintenance fee of approximately $1,000. entered into COUNTY’s licensing database.

D. COMPENSATION

1.Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $21 per animal, per day for horses and cattle, and $12.60 per animal, per day for swine, goats, and sheep in accordance with COUNTY’s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

2.Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1-collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY’s current fee schedule.

3.Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and through its own social media pages. If requested by CITY, the daily flat rates for vaccination clinics or spay/neuter clinics shall be billed based on actual outreach days specified in Exhibit C:
a. Vaccination or Spay/Neuter Clinic: The cost includes staff, vaccinations, and microchips, free to constituents with two hundred (200) animal cap per event for vaccination clinic OR thirty (30) animal cap per event for spay/neuter. The clinics are billed on actual use.

Page 13 of 14 ends

CITY OF CATHEDRAL CITY
EXHIBIT “C-2”

PAYMENT PROVISIONS
City of Cathedral City(“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by the CITY’s Master Fee Schedule, as amended from time to time, and COUNTY’s Board of Supervisors’ fee schedule, as amended from time to time; relative to the services to be performed under this Agreement as follows:

Field and Shelter Services Estimate
Service Quantity Cost Annually Monthly
Half-time Animal
Control Officer 1,040 $143,395.20 ea. $143,395.20 $11,949.60 Estimated Overtime* 94.10 $178.66/hour $16,811.91 $1,400.99 Animal Sheltering** 3,526 $35.81/day $126,266.06 $10,522.17 Wildlife Impounds** 7 $144.90/per $1,014.30 $84.52
Deceased Animal Pick-
Up and Disposal** 128 $73.50/per $9,408.00 $784.00
O&M** 608 $11.40/impound $6,931.20 $577.60
License Processing*** 1,181 $11.92 per license $14,077.52 $1,173.12 Total Estimated Cost** $317,904.19/FY $26,492.00/month
* Overtime/stand-by field services $178.66 per hour (minimum of two (2) hours per call, with a two (2) hour charge per each call).
**Cost will fluctuate based on actual overtime, wildlife calls and deceased animal pickups. Optional Services are not included in the total.
**Rates are subject to change as adopted by the Board of Supervisors, as specified in Section III of this Agreement.
***License processing cost may vary based on number of licenses sold. COUNTY shall retain $11.92 for each license sold, and remaining balance of license will be credited back to the CITY on a monthly basis.

Sheltering:

Animal Sheltering costs at the Coachella Valley Animal Campus is $35.81 per kenneling day, and it would be billed based on actual impounds. COUNTY shall provide CITY with a monthly invoice that includes actual impound statistics. The invoice will detail the number of animals impounded and the total number of kenneling days, plus all other applicable fees.

Operational and Maintenance (O&M):

O&M is charged at $11.40 per stray dog or cat impound.

Livestock and Other Impound Fees:

Large Animal Sheltering @ $21/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on

Page 14 of 14 ends

actual use).

Large Animal Sheltering @ $12.60/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use).

Wildlife impound fee: $144.90 per impound
Deceased animal pickup fee: $73.50 per animal
Optional Services
Daily flat rates for shot clinics and/or spay and neuter bus services will be billed based on actual outreach days scheduled. Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event.

Shot Clinic or Spay and Neuter Bus Services:
$3,000 per event flat rate billed actual use**
(The cost to provide three (3) clinic services staff and one veterinarian for 9 hours, to be billed based on actual usage as requested by City.)
Department of Animal Services

Erin Gettis, Director
Dr. Kim Youngberg, Deputy Director

Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387  FAX (951) 358-7300  TDD (951) 358-5124 Website: www.rcdas.org

May 30, 2024

City of Cathedral City
Attn: Jennifer Nellis
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

Re: Increase to Contract Rates - Recommendation to the Board of Supervisors on June 25, 2024

Greetings City Partner,

As we approach the end of Fiscal Year 2023-2024, the Riverside County Department of Animal Services, and all County departments, received strategic direction from the County Executive Office and Board of Supervisors (the Board) to increase rates by five percent on all contracts for Fiscal Year 2024- 2025. This includes all contracts w ith our partner Cities where the Department of Animal Services (the Department) provides field, shelter and/or licensing services to the City. The proposed contract rates for the upcoming fiscal year, as shown in the attachment to this letter, will be recommended to the Board on Tuesday, June 25, 2024. If adopted, the new rates will go into effect on August 1, 2024, unless otherwise indicated in a City’s service agreement. Starting in August, the billing statement will reflect the increase in contract rates. The first statement will be sent out in September and subsequent statements following thereafter. Please be advised, the Department will be offering one year contract amendments to all of our cities to continue providing services.

The County conducted a rates study and determined that implementing a full cost recovery approach was not the most reasonable option for our City partners . The fees would be substantially higher if the County were to adopt the full cost recovery model instead of the proposed five percen t increase.

Essentially, there would be a conside rable difference between the current amount pa id by the City and the amount that the City would pay under the full cost re covery model. County Board Policy No. B-4 requires that County departments recover the actual cost of providing services.

Finally, please be advised that the Department of Animal Services will soon be proposing amendments to Ordinance No. 534 and Ordinance No. 630. These Ordinance Amendments will streamline processes , increase efficiency, and update practices to be in l ine with what is practiced nationwide. We encourage your City to promptly adopt any revised versions of these County Ordinances once adopted by t he Riverside County Board of Supervisors.

Department of Animal Services

Erin Gettis, Director
Dr. Kim Youngberg, Deputy Director

Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387  FAX (951) 358-7300  TDD (951) 358-5124 Website: www.rcdas.org

During this fiscal year ( from July 1, 2023 to April 30, 2024), the Department of Anim al Services has impounded a total of 31,140 live and dead ani mals. To help d ecrease the amount of impounds at the shelters, the staff at Animal Services remain dedicated to reuniting pets with their owners a nd we encourage residents to do the same. Our shelter team works tirelessly to find loving hom es for animals promptly which reduc es their length of stay. In February 2024, the Department initiated the 5,000 Cat Challenge with the goal of saving the lives of an additional 5,000 cats. This initiative is intended to promote trap-neuter-return and shelter -neuter-return, the health of Riverside County cats and improve the outcomes . Other public provided servi ces that the depar tment offers are mobile spay and neut er clinics, wellness clinics , and adoption events . The se efforts also help reduce costs for City partners , improve shelter conditions and lower euthanasia rates.

The County Department of Animal Services appreciates the opportunity to continue the positive partnerships that we have developed with your City. If you have any questions or want to di scuss this further, please contact Harold Jones at email: [email protected] or 951-903-0996 or T haiese Sermons-
Krishnan at email: [email protected] or (951) 358-7545.

Sincerely,

Erin Gettis
Director of Animal Services

Department of Animal Services

Erin Gettis, Director
Dr. Kim Youngberg, Deputy Director

Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387  FAX (951) 358-7300  TDD (951) 358-5124 Website: www.rcdas.org

DEPARTMENT OF ANIMAL SERVICES
FY 24-25 CONTRACT CITY RATES

PROPOSED ANIMAL CONTROL OFFICER (ACO) RATES

POSITION CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
ACO (Hourly Rate) $131.31 $137.88
ACO (Overtime/Hourly-
minimum call out of 2 hours)
$170.15 $178.66

PROPOSED DAILY SHELTERING RATE

SERVICE CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
Daily Sheltering Rate $34.10 $35.81

PROPOSED LICENSE PROCESSING FEES

SERVICE CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
License Processing Fee $11.35 $11.92

PROPOSED IMPOUND FEES

LOCATION CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
Blythe $6.90 $7.25
San Jacinto $10.44 $10.96
CVAC $10.86 $11.40
Jurupa Valley $12.53 $13.16

OTHER PROPOSED FEES

SERVICE CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
Large Animal-Horses $20.00 $21.00
Large Animal-Donkey, Sheep $12.00 $12.60
Deads $70.00 $73.50
Wildlife $138.00 $144.90
Staff Report
City Council
Item No. 5.E
Meeting Date: August 14, 2024
From: Michael Contreras, Fire Chief
Title: Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) FEMA AFG Grant
RECOMMENDATION:

To accept an Assistance to Firefighters (AFG) grant from the Federal Emergency Management Agency (FEMA) in the amount of $154,607.27 and authorize $15,460.73 in local match funds.

BACKGROUND:

The Fire Department submitted an application for the Fiscal Year (FY) 2023 Assistance to Firefighters Grant (AFG) and has been approved in the amount of $154,607.27 in federal funding. As a condition of this grant, it is required that the city contribute non-federal funds equal to or greater than 10.0% of the federal funds awarded, or $15,460.73 for a total approved budget of $170,068.00.

DISCUSSION:

The Assistance to Firefighters Grant (AFG) will be dedicated to the fire department wellness programs, focusing on the health and well-being of our firefighters. This grant will cover initial physicals for all personnel, mental health screening, cancer screening and wellness training.

FISCAL IMPACT:

Staff will utilize existing budget allocation to cover the grant match.

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2024-2025 Health
Screening Fund 259 G0XXXX $154,607.27 One-time
2024-2025 Health
Screening Fund 100 G0XXXX 15,460.73 One-time
2024-2025 Total $170,068.00
FIVE-YEAR STRATEGIC PLAN:

Goal D – INNOVATION
Objective: Cathedral City continually focusses on improving service delivery and customer experiences by successfully leveraging technology and creative initiatives to improve public services, public safety, and stimulate economic growth.

D-7 Implement innovative community-based Fire Prevention programs regarding Drowning, Smoke Alarm Installation, Paramedic Services, Fall Prevention, and CPR.

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

E-4 Strengthen the City's ability to prepare for, respond to, and recover from disasters by reviewing and updating the City's Emergency Operations Plans through annual training sessions and tabletop exercises.

ATTACHMENTS:

1. EMW-2023-FG-02826-Award Package
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Eﬀective date: 07/11/2024
Kevin Biersack

CITY OF CATHEDRAL CITY
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234
EMW-2023-FG-02826
Dear Kevin Biersack,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2023 Assistance to Fireﬁghters Grant (FG) Grant funding opportunity has been approved in the amount of $154,607.27 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $15,460.73 for a total approved budget of $170,068.00. Please see the FY 2023 FG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2023 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your oﬃcial ﬁle for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs

Summary Award Memo
Program: Fiscal Year 2023 Assistance to Fireﬁghters Grant Recipient: CITY OF CATHEDRAL CITY
UEI-EFT: ENPQBGML6XM5
DUNS number:

Award number: EMW-2023-FG-02826
Summary description of award
The purpose of the Assistance to Fireﬁghters Grant program is to protect the health and safety of the public and ﬁreﬁghting personnel against ﬁre and ﬁre-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Fireﬁghters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2023 Assistance to Fireﬁghters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):

Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justiﬁcations are provided for any diﬀerences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 FG NOFO.

Approved request details:

Wellness and ﬁtness programs
Object Class Total
Personnel $0.00
Fringe beneﬁts $0.00
Travel $0.00
Equipment $0.00
Supplies $0.00
Contractual $170,068.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $154,607.27
Non-federal $15,460.73
Total $170,068.00
Program Income $0.00
Cancer Screening Physical

DESCRIPTION
The annual cancer screening physical will include PFAs testing and Trucheck Cancer Screening. This screening is highly accurate, catching cancers at 0-1 stages. This early detection will help save lives by allowing early detection and treatment.

QUANTITY UNIT PRICE TOTAL
41 $2,196.00 $90,036.00

BUDGET CLASS
Contractual
Behavioral Health NFPA 1500 or equivalent

DESCRIPTION
The contractor will provide periodic mental health screening to assist ﬁreﬁghters maintain mental health. Screening will include a visit with a board-certiﬁed psychiatric nurse practitioner. This will be an addition to our Employee Assistance Programs and critical incident debrieﬁng.

QUANTITY UNIT PRICE TOTAL
41 $196.00 $8,036.00

BUDGET CLASS
Contractual
Periodic Physical Exam/Health Screening

DESCRIPTION
The contractor will perform blood tests, ﬁreﬁghter heart health panel with medical provider review, lab consult, and education materials, screening for multiple infectious diseases such as Hepatitis B and HIV, and cardiopulmonary exercise testing.

QUANTITY UNIT PRICE TOTAL
41 $1,756.00 $71,996.00

BUDGET CLASS
Contractual
Agreement Articles
Program: Fiscal Year 2023 Assistance to Fireﬁghters Grant Recipient: CITY OF CATHEDRAL CITY
UEI-EFT: ENPQBGML6XM5
DUNS number:

Award number: EMW-2023-FG-02826
Table of contents
Article
1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certiﬁcations
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identiﬁable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplicative Costs
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Eﬀective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proﬁciency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act
Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Traﬃcking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identiﬁer and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modiﬁcation of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals
Article 1 Assurances, Administrative Requirements, Cost Principles, Representations, and Certiﬁcations
I. Recipients must complete either the Oﬃce of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS ﬁnancial assistance oﬃce (DHS FAO) may require applicants to certify additional assurances. Applicants are required to ﬁll out the assurances as instructed by the federal awarding agency.

Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in eﬀect as of the federal award date and located at 2 C.F.R.

Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staﬀ pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal ﬁnancial assistance award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS oﬃcials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award speciﬁc terms and conditions, and/or federal awarding agency program guidance. V.

Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the ﬁrst award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made. Recipients must submit the completed tool, including supporting materials, to [email protected]. This tool clariﬁes the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Oﬃce for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identiﬁes steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.

Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codiﬁed as amended at 42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal ﬁnancial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codiﬁed as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identiﬁable Information
Recipients who collect personally identiﬁable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS deﬁnes PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also ﬁnd the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codiﬁed as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any program or activity receiving federal ﬁnancial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.

Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.

No. 90-284 (codiﬁed as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, ﬁnancing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-ﬂoor units in buildings without elevators) —be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
Article 10 Copyright
Recipients must aﬃx the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work ﬁrst produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug- Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal ﬁnancial assistance award terms and conditions.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codiﬁed as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any educational program or activity receiving federal ﬁnancial assistance. DHS implementing regulations are codiﬁed at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Eﬀective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and eﬀective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codiﬁed as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy eﬃciency that are deﬁned in the state energy conservation plan issued in compliance with this Act.

Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and beneﬁt overpayments. (See OMB Circular A- 129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on oﬃcial government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certiﬁed air carriers can be found at: Certiﬁcated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation- policy/certiﬁcated-air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the ﬁre prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Article 23 Limited English Proﬁciency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal ﬁnancial assistance take reasonable steps to provide meaningful access to persons with limited English proﬁciency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people- limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to inﬂuence, or attempt to inﬂuence an oﬃcer or employee of any agency, a Member of Congress, an oﬃcer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modiﬁcation.

Per 6 C.F.R. Part 9, recipients must ﬁle a lobbying certiﬁcation form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and ﬁle a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codiﬁed as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulﬁll the social, economic, and other needs of present and future generations of Americans.

Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneﬁciaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in eﬀect.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonproﬁt Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codiﬁed as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codiﬁed as amended at 29 U.S.C. § 794), which provides that no otherwise qualiﬁed handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the beneﬁts of, or be subjected to discrimination under any program or activity receiving federal ﬁnancial assistance.

Article 32 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.

Article 33 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.

Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients of an award of Federal ﬁnancial assistance from a program for infrastructure are hereby notiﬁed that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or aﬃxed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaﬀolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the ﬁnished infrastructure project but are not an integral part of the structure or permanently aﬃxed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding oﬃcial may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in suﬃcient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Oﬃce. There may be instances where an award qualiﬁes, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Deﬁnitions The deﬁnitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.

Article 35 SAFECOM
Recipients receiving federal ﬁnancial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws.

Article 37 Traﬃcking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide ﬁnancial assistance award term which implements Traﬃcking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codiﬁed as amended at 22 U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference.

Article 38 Universal Identiﬁer and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide ﬁnancial assistance award term regarding the System for Award Management and Universal Identiﬁer Requirements located at 2 C.F.R.

Part 25, Appendix A, the full text of which is incorporated reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of ﬂags, or likenesses of DHS agency oﬃcials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of ﬂags, or likenesses of component oﬃcials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.C § 470141 U.S.C. § 4712.

Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Speciﬁc applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Oﬃcer to be put into contact with EHP staﬀ responsible for assisting their speciﬁc grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and ﬂow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notiﬁed of the change in writing. Once the notiﬁcation has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK- [email protected] if you have any questions.

Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures.

Article 46 Prior Approval for Modiﬁcation of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simpliﬁed acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved.

For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the ﬁrst Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award ﬁle.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its ﬁnal performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

Obligating document

1. Agreement
No.

EMW-2023-FG-
02826

2. Amendment
No.

N/A

3. Recipient
No.
953674780

4. Type of
Action
AWARD

5. Control No.

WX03513N2024T

6. Recipient Name and
Address

CITY OF CATHEDRAL
CITY
68700 AVENIDA LALO

GUERRERO

CATHEDRAL CTY, CA
92234

7. Issuing FEMA Oﬃce and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Oﬃce and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Oﬃcer
Kevin Biersack
9a. Phone
No.
7607700378

10. Name of FEMA Project
Coordinator
Assistance to Fireﬁghters
Grant Program
10a. Phone
No.
1-866-274-
0960

11. Eﬀective Date of
This Action
07/11/2024

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
07/18/2024 to
07/17/2026
Budget Period
07/18/2024 to
07/17/2026

15. Description of Action a. (Indicate funding data for awards or ﬁnancial changes)
Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action
+ or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
FG 97.044
2024-F3-
GB01 -
P410-xxxx-
4101-D
$0.00 $154,607.27$154,607.27$15,460.73
Totals$0.00 $154,607.27$154,607.27$15,460.73
b. To describe changes other than funding data or ﬁnancial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This ﬁeld is not applicable for digitally signed grant agreements

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
07/11/2024
Staff Report
City Council
Item No. 5.F
Meeting Date: August 14, 2024
From: Michael Contreras, Fire Chief
Title: Acceptance of Office of Traffic Safety (OTS) Grant RECOMMENDATION:

To accept a grant from the Office of Traffic Safety (OTS) in the amount of $45,650.00 to promote child car safety seat awareness and proper installation.

BACKGROUND:

In our continued effort to serve the citizens of Cathedral City and add value through the fire department's community risk reduction program, Cathedral Fire and EMS (CCFE) is working to reduce the number of injuries to children under the age of 8 sustained in motor vehicle crashes and to increase community child safety seat awareness. Oftentimes, first responders find children in improperly installed or inappropriately sized car seats at the scene of motor vehicle crashes.

The closest child car seat inspection station is in Indio, approximately 13 miles away, and about a 20-minute drive. The goal of this program is to reduce the number of child motor vehicle crash-related injuries and increase public car seat knowledge and awareness through public events and outreach. CCFE frequently receives calls for service to inspect and/or install child safety seats. Currently, these calls are deferred to a local service provider located 20 minutes away, available by appointment only. By making car seat safety more accessible to all residents of Cathedral City and surrounding communities, we will prioritize and improve car seat safety within the community.

DISCUSSION:

CCFE will roll out the Child Passenger Safety Program in three phases:

Phase 1 – Program Preparation (1st Quarter of Grant Year) •Develop operational plans to implement “best practice” strategies. •Complete all necessary training to implement the program within the first quarter. •Make all grant-related purchases required to implement the program in the first quarter.

Phase 2 – Program Operations (Throughout Grant Year)
•CCFE will provide educational materials, attend community events, and offer car seat installation services at all Cathedral City fire department locations throughout the year.

Phase 3 – Data Collection & Reporting (Throughout Grant Year) •Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30).
•Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30).
•Collect and report quarterly data that supports the progress of goals and objectives.

Collect, analyze, and report statistical data relating to the grant goals and objectives.

FISCAL IMPACT:

Acceptance of the grant will require both an expenditure and revenue budget adjustment of $45,650 to the Fire Department Special Revenue Grant Fund (259) in the FY 2024/2025 budget. There is no impact on the General Fund.

FIVE-YEAR STRATEGIC PLAN:

D-7 Implement innovative community-based Fire Prevention programs regarding Drowning, Smoke Alarm Installation, Paramedic Services, Fall Prevention, and CPR.

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

1. State of California - Office of Traffic Safety Grant Award

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
OP25024

1. GRANT TITLE
Child Passenger Safety Program

2. NAME OF AGENCY 3. Grant Period
Cathedral City From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Cathedral City Fire Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving children under the age of eight years old. The funded strategies may include education, child safety seat check-ups, community events, presentations, and training. Other countermeasures may include properly fitting child safety seats, providing educational materials, and the distribution of child safety seats. Efforts should be conducted in underserved communities and coordinated in collaboration with community-based organizations.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $45,650.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jeremy Keenan

Captain

[email protected]

951-543-7406

32100 Desert Vista Road
Cathedral City, CA 92234
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Charles McClendon

City Manager

[email protected]

760-770-0372

68700 Avenida Lalo Guerrero
Catherdral City, CA 92234

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kevin Biersack

Accounts Manager

[email protected]

760-770-0378

68700 Avenida Lalo Guerrero
Catherdral City, CA 92234
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $45,650.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$45,650.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $45,650.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

ENPQBGML6XM5

68700 Avenida Lalo Guerrero
Cathedral City
92234-1208
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
OP25024

1. PROBLEM STATEMENT
The City of Cathedral City is located in the low desert region of Riverside County, California. Its neighboring cities are Palm Springs and Rancho Mirage. The city is approximately 23 square miles and intersects the Interstate 10 freeway and Highway 111. Cathedral City has a population of 51,494 permanent residents and increases by approximately 17,000 during the cooler months, due to seasonal tourists. The population density is 2,289 permanent residents per square mile. Twenty percent of the population is under the age of 18 years and 5 percent is under the age of 5. The average income per capita for Cathedral City is $63,209 with a poverty rate of 17.3 percent. Approximately 20 percent of all the residents do not have a high school diploma and only 26 percent have a bachelor's degree, or higher.

The City of Cathedral City wishes to reduce the number of injuries to children under the age of 8 that are sustained in motor vehicle crashes and increase community child safety seat awareness. Often times, first responders will find children in improperly installed or inappropriately sized car seats at the scene of motor vehicle crashes. Cathedral City's closest child car seat inspection station is located in Indio, California. It is approximately 13 miles away and about a 20-minute drive. The Cathedral City Fire Department's (CCFD) goal is to reduce the number of child motor vehicle crash-related injuries, increase public car seat knowledge and awareness through public events, and public service and outreach. CCFD frequently receives calls for service to inspect and/or install child safety seats. These calls are currently denied and deferred to the local service provider that provides the service 20 minutes away by appointment only.

According to the Cal OES Social Vulnerability Index Map, the City of Cathedral City has approximately 65 percent of its population within the medium and high range. By targeting these particular areas identified in the map, we can increase public knowledge, and perform inspections and installations of car seats, as well as provide car seats to those in need. Car seats will be procured through this grant, donations, and fundraisers. CCFD intends to minimize and reduce motor vehicle crash injuries by providing multiple levels of service delivery in English and Spanish. Currently, CCFD is very active in community events and has increased its ability to assist the public through social media. These attributes will assist CCFD to deliver the program's necessary education and services.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of vehicle occupants killed under age eight.

4. Reduce the number of vehicle occupants injured under age eight.

5. Increase child safety seat usage.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate in National Child Passenger Safety Week and National Heatstroke Prevention Day.
2 3. Conduct highly publicized child safety seat checkups at community locations such as shopping centers, car dealerships or preschools to educate and empower parents and caregivers to properly install and use an appropriate car seat for their child. Car seat checkers must: be NHTSA-certified Child Passenger Safety Technicians (CPST); check for car seat recalls, use a standardized form to collect child safety seat misuse data, record corrections made, record seats installed, and have access to car seat instructions and resource materials. 4 4. Certify, recertify or renew staff as NHTSA Child Passenger Safety Technicians. 6

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5. Conduct child safety seat education classes with an effort to reach low-income residents, professionals transporting children, caregivers, and parents. 4 6. Participate in traffic safety fairs and/or community events with an effort to reach individuals.
4 7. Distribute OTS funded child safety seats at no-cost to families in need who receive child safety seat education.
50 8. Purchase child safety seats. 50

9. Hold quarterly meetings with countywide child passenger safety stakeholders to collaborate on events, share best practices, and leverage resources. 4 10. Conduct "roll call" training sessions on occupant protection, including child passenger safety.
1 11. Conduct individual child safety seat checkup by appointment to promote correct usage, with an effort to reach parents or caregivers. Car seat checkers must be NHTSA-Certified Child Passenger Safety Technicians (CPST). 12 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event

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highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION

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Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
OP25024

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405b OP-25 20.616 Occupant Protection $45,650.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
CPS Check-Up Events 405b OP-
25 $1,104.00 4 $4,416.00
CPS Education Classes 405b OP-
25 $736.00 4 $2,944.00
Traffic Safety Fairs and/or Community
Events
405b OP-
25 $1,104.00 4 $4,416.00
Roll Call Training 405b OP-
25 $368.00 1 $368.00
Individual Car Seat Check-Ups 405b OP-
25 $184.00 12 $2,208.00
CPST Certification/Renewal Courses 405b OP-
25 $2,944.00 6 $17,664.00
Category Sub-Total $32,016.00
B. TRAVEL EXPENSES
In State Travel 405b OP-
25 $1,000.00 1 $1,000.00
$0.00
Category Sub-Total $1,000.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Child Safety Seats 405b OP-
25 $125.00 50 $6,250.00
CPS Technician/Instructor Fees 405b OP-
25 $95.00 6 $570.00
CPS Check-Up Supplies 405b OP-
25 $3,000.00 1 $3,000.00
Educational Materials 405b OP-
25 $2,814.00 1 $2,814.00
Category Sub-Total $12,634.00
F. INDIRECT COSTS
$0.00

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Category Sub-Total $0.00
GRANT TOTAL $45,650.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
OP25024

BUDGET NARRATIVE

PERSONNEL COSTS
CPS Check-Up Events - Overtime for grant-funded child safety seat checkups at community locations conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified.

The department will not be claiming overtime benefits.

$92/Hour x 2 Hours x 6 Officers = $1,104 per Event
CPS Education Classes - Overtime for grant-funded child safety seat education classes conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits.

$92/Hour x 4 Hours x 2 Officers = $736 per Event
Traffic Safety Fairs and/or Community Events - Overtime for grant-funded participation in traffic safety fairs and/or community events by appropriate department personnel. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits.

$92 x 6 Hours x 2 Officers = $1,104 per Event
Roll Call Training - Overtime to conduct grant-funded roll call training sessions on occupant protection, including child passenger safety. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits.

$92 x 2 Hours x 2 Officers = $368 per Event
Individual Car Seat Check-Ups - Overtime for grant-funded individual child safety seat checkups by appointment to promote correct usage, with an effort to reach parents or caregivers. Car seat checkers must be NHTSA-Certified Child Passenger Safety Technicians (CPST). Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits.

$92 x 1 Hour x 2 Officers = $184 per Event
CPST Certification/Renewal Courses - Overtime for grant-funded CPS continuing education unit (CEU) courses to certify, recertify or renew appropriate department personnel as NHTSA Child Passenger Safety Technicians. Claim should reflect actual costs up to the rate specified. The department will not be claiming overtime benefits.

$92 x 32 Hours x 1 Officer = $2,944 per Event

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the Lifesavers Conference on Roadway Safety. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
Child Safety Seats - Average cost not to exceed $125 per seat (including booster seats) including sales tax, shipping and handling. Seats to be distributed at no cost during CPS checkups, appointments, fitting stations and traffic safety presentations. Infant only seats are not an allowable expense. Various seats to be purchased initially

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CPS Technician/Instructor Fees - Certification, recertification or renewal fees for technicians who successfully complete the NHTSA Child Passenger Safety Technician Certification or Renewal course or biennial requirements to re-certify.

CPS Check-Up Supplies - Supplies to conduct child passenger safety seat education, training and inspections at check-up events, classes and individual appointments. Costs may include LATCH manuals, safety training dolls, cones, pop-up tents, pool noodles, child safety seat clips, tote carriers, and check-up signage. Costs may not include furniture such as but not limited to tables and chairs. Additional items may be purchased if approved by OTS.

Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
OP25024

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but ar e not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. Y ou also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, comple te, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Sa fety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

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

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

7/11/2024 10:22:14 PM Page 14 of 17

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

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

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

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

7/11/2024 10:22:14 PM Page 15 of 17

otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or

7/11/2024 10:22:14 PM Page 16 of 17

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will in crease the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretar y of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

7/11/2024 10:22:14 PM Page 17 of 17

DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the int erests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

4 4
9 Staff Report
City Council
Item No. 5.G
Meeting Date: August 14, 2024
From: Michael Contreras, Fire Chief
Title: Acceptance of Two (2) Grants to Update the City’s Local Hazard Mitigation Plan
RECOMMENDATION:

To accept two (2) grant awards from the Federal Emergency Management Agency (FEMA) in the amount of $149,631.00 and in the amount of $7,896.00 for subrecipient management costs (SRMC). Additionally, approve a grant from the California Office of Emergency Services (Cal OES) in the amount of $49,877.00 all to update the city’s local hazard mitigation plan.

BACKGROUND:

The Cathedral City local hazard mitigation plan (LHMP) was last revised in 2017 and is valid for 5 years. Staff identified the need for an update in November 2022 and applied for a grant to cover the cost of revising the LHMP.

DISCUSSION:

The Local Hazard Mitigation Plan (LHMP) is a comprehensive plan that identifies hazards, resources, capabilities, and any ordinances or safety procedures within the city. To be eligible for federal disaster funds, a city must have an LHMP on file. The LHMP details the who, what, where, and what resources we have. Hazard mitigation planning reduces loss of life and property by minimizing the impact of disasters. It begins with local governments identifying natural disaster risks and vulnerabilities that are common in their area. After identifying these risks, they develop long-term strategies for protecting people and property from similar events.

The total project cost is $199,508.00. FEMA has awarded the city $149,631.00 for the 75 percent Federal share. The 25 percent non-Federal share, which is $49,877.00, has been granted by Cal OES. FEMA has also granted $7,896.00 for the 100% Federal SRMC.

FISCAL IMPACT:

Acceptance of the grants will require both an expenditure and revenue budget adjustment 4 4
9 to the FY 2024/2025 budget of $207,404 in the Fire Department Special Revenue Grant Fund (259). There is no effect on the General Fund.

FIVE-YEAR STRATEGIC PLAN:

1. Notification of Sub-application Approval Hazard Mitigation Grant Program - Project #AP00986, FIPS #065-12048, Supplement #23
3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
June 13, 2024
Charles McClendon
City Manager
Cathedral City, City of
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234-1208
Subject: Notification of Subapplication Approval
Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4683-DR-CA, Project #AP00986, FIPS #065-12048
Supplement #23

Dear Mr. McClendon:

The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization’s subaward application in the amount of $149,631.00. A copy of the FEMA award package is enclosed for your records.

Your organization’s subaward application has also been approved for $49,877.00 in state funding under the Prepare CA Match program.

In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit:

 A valid, current (approved within the last 3 years) Governing Body Resolution
 A Project Assurances for Federal Assistance agreement  A Grant Subaward Face Sheet (GSAFS). Please ensure that the individual who signs the GSAFS is designated by the Governing Body Resolution as an Authorized Agent for your organization.
 A current Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure form. This form must be submitted each fiscal year.  An active registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward.

For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records.

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at [email protected].

Electronic copies of the post-obligation documents can also be requested at the same address.

Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent (10%) retention will be withheld from the federal share of reimbursement payments and will be released as part of the subaward closeout process.

Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES.

When mailing documents to the Recovery Financial Processing Unit, please use the following address:

California Governor’s Office of Emergency Services
Attention: Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at [email protected]. For program-related questions, please contact the Hazard Mitigation Grants Programs Unit at (916) 328-7450.

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File
*The Recovery Financial Processing Unit has the new valid universal Resolution 2023-41, passed on 12/13/2023 that requires an Authorized Agent’s permission to apply to this project. The Grant Subaward Face Sheet (GSAFS) with State encumbered funding is already on file for this project. We now need your organization to complete a GSAFS Amendment form as part of the funding encumbrance/post-obligation document process.
3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
June 13, 2024
Charles McClendon
City Manager
Cathedral City, City of
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234-1208
Subject: Notification of Approval for Subrecipient Management Cost Funding Hazard Mitigation Grant Program – Prepare CA Match
FEMA-4683-DR-CA, Project #AP00986, FIPS #065-12048,
Supplement #23

Dear Mr. McClendon:

The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved $7,896.00 in funding for subrecipient management costs (SRMC). SRMC are costs incurred while administering a Hazard Mitigation grant subaward. A copy of FEMA’s letter is enclosed for your records.

Payments are made on a reimbursement basis using the specialized Subrecipient Management Cost Reimbursement Request Form. Subrecipients are reminded to document their SRMC separately from direct project expenditures. To qualify for SRMC reimbursement, subrecipients must first incur and seek reimbursement for direct project expenditures via the specialized Project Expenditures Reimbursement Request Form. Reimbursement for SRMC is capped at five percent of a project’s cumulative direct project expenditures. Please note that your organization must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward.

Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA’s obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter.

If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at
[email protected].

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607
www.fema.gov
, 2024
Robyn Fennig, Assistant Director
3655 Schriever Avenue
Mather, CA
Reference: Application Approval, HMGP DR-4683-986-13P
City of Cathedral
Prepare CA Match City of Cathedral LHMP Update
FIPS Code: 065-12048, Supplement 23
Dear Robyn Fennig:

We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Cathedral (Sub- Recipient) HMGP DR-4683-986-13P, Prepare CA Match City of Cathedral LHMP Update.

The total project cost is $199,508.00. As shown in the enclosed Obligation Report - Supplement 23, we are obligating $149,631.00 for the 75 percent Federal share; the 25 percent non-Federal share is $49,877.00. We are obligating $7,896.00 for the 100% Federal share Subrecipient Management Costs.

These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Approvals: Federal Share: Non-Federal Share: Total Project Cost:

Supplement 23 $149,631.00 $49,877.00 $199,508.00
Management Costs $7,896.00 $0.00 $7,896.00
This HMGP project approval and obligation of funds are subject to the following conditions:

Scope of Work (SOW) The City of Cathedral will develop and adopt a FEMA approved Hazard Mitigation Plan to meet the requirements outlined in 44 CFR Part 201 and the most current FEMA hazard mitigation plan guidance.

Project Completion Date The work schedule included with the project application indicates that the project will take 36 months to complete; therefore, the project completion date is 1 , 2027. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the POP when there is no approved time extension.

Received
May 14, 2024
Financial Processing Unit
City (see FEMA subrecipient summary below - "Page 1 of 1" (MG) Robyn Fennig
, 2024

Page 2 of 2 ends

3. Project Closeout Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Consideration (REC)In compliance with the National Environmental Policy Act (NEPA), this undertaking is categorically excluded (CE) from the need to prepare either an environmental assessment or environmental impact statement.

5. Standard Conditions This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

If you have any questions, please contact Laura Koon, Grants Management Specialist, by email [email protected], or phone (202) 531-1881.

Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (2):

Obligation Report Supplement 23
Standard Mitigation Grant (HMGP) Conditions
cc:

Emergency Services
Ron Miller, Hazard Mitigation Assistance Division C
Emergency Services
Office of Emergency Services
Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 Obligation

HAZARD MITIGATION GRANT PROGRAM
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01
State Recipient
Disaster
No
Supplemental
No
Action
No
State
Application ID
Amendment
No
FEMA
Project No
4683 - 0 986 1 23 CA Statewide
Project Title : 7% PrepareCA Match: City of Cathedral City 2023 Local Hazard Mitigation Plan -
Cathedral CitySubrecipient:

Subrecipient FIPS Code: 065-12048
13 P
9:17 AM
4/11/2024
FY
Subrecipient Management
Cost AmountProject Amount Total Obligation IFMIS Date IFMIS Status $7,896.00$149,631.00 2024$157,527.00 04/10/2024 Accept
Comments
Comment: Obligate $149,631.00 Federal Share and SRMC $7,896.00, totaling $157,527 for DR-4683-986-13P (City of Cathedral LHMP) .

User Id:Date: 04/10/2024 RHIRST

REILLY HIRST

LAURA KOON
Authorization
Preparer Name:

HMO Authorization Name:

Preparation Date: 04/10/2024
HMO Authorization Date: 04/10/2024
Total Amount
Previously Allocated
Total Amount
Previously Obligated
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0.00$0.00$149,631.00$149,631.00

Page 1 of 1 ends

1 Standard Mitigation Grant Program (HMGP) ConditionsFEMA Region IX, August, 2018 The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS): 1.Applicable Federal, State, and Local Laws and Regulations.The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002. 2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302. 3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA. 4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information. 5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311. 6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313. 7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314. 8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320. 9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan. 10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report. 11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339. 12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA. 2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501. 14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities. 15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA-approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit. 16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source. 17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO). 18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding. Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans.

Staff Report
City Council
Item No. 5.H
Meeting Date: August 14, 2024
From: Michael Contreras, Fire Chief
Title: Acceptance of a CERT Grant from the California Office of Emergency Services (Cal OES) to Update the City’s CERT Trailer and Equipment RECOMMENDATION:

To accept a grant from the California Office of Emergency Services (Cal OES) in the amount of $25,000 to update the city’s CERT trailer and equipment.

BACKGROUND:

The Community Emergency Response Team (CERT) program educates volunteers about disaster preparedness for hazards that may occur in our city. CERT trains volunteers in basic disaster response skills.

As part of the department's Community Risk Reduction program, there has been extra emphasis on community emergency response. CERT is a key part of the city's emergency preparedness.

DISCUSSION:

The CERT program is a part of the city's overall community risk reduction program. The city applied for and received a grant for $25,000 from Cal OES. The funds will be used to update the city's CERT trailer and equipment.

FISCAL IMPACT:

Acceptance of the grant will require both an expenditure and revenue budget adjustment of $25,000 to the Fire Department Special Revenue Grant Fund (259) in the FY 2024/2025 budget. There is no effect on the General Fund.

FIVE-YEAR STRATEGIC PLAN:

Goal D – INNOVATION
Objective: Cathedral City continually focuses on improving service delivery and customer experiences by successfully leveraging technology and creative initiatives to improve public services, public safety, and stimulate economic growth.

D-7 Implement innovative community-based Fire Prevention programs regarding Drowning, Smoke Alarm Installation, Paramedic Services, Fall Prevention, and CPR.

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

ATTACHMENTS:

1. Grant Award Letter - Listos California CERT Support Grant Program, Grant Subaward #: LC23 01 6320
The California Governor's Office of Emergency Services (Cal OES) has approved your Grant Subaward application in the amount of $
25,000
,
subject to enactment
of applicable State Budget Act. A copy of your approved Grant Subaward is enclosed for your records.

Dear

Charles

McClendon
:

Subject:

Charles

McClendon

City Manager
Cathedral City, City Of
68-700 Avenida Lalo Guerrero
Cathedral City
,
CA

92234
-
1208
June 7, 2024
Grant Subaward Application Approval
Listos California CERT Support Grant Program
Grant Subaward #:

LC23 01 6320
Cal OES will make every effort to process payment requests within 45 days of receipt of your Report of Expenditures & Request for Funds (Cal OES Form 2-201).

This Grant Subaward is subject to the Cal OES Subrecipient Handbook. You are encouraged to read and familiarize yourself with the Cal OES Subrecipient Handbook, which can be viewed on the Cal OES website at www.caloes.ca.gov.

Please contact your Program Specialist
Angela Baeza
, at
[email protected]
with questions.

Sincerely,
Victim Services Grants Processing Unit
cc:

Subrecipient
’
s file
Program Specialist
3650 SCHRIEVER AVENUE, MATHER, CA 95655
www.CalOES.ca.gov

GAVIN NEWSOM

NANCY WARD

GOVERNOR

DIRECTOR

$25,000
$25,000 $25,000 $25,000
$25,000
AB
2023
LC23 01 6320065-12048
y, City of
065-12048-00 AB
AB
AB
&DWKHGUDO&LW\&LW\RI$%
0DLO/RJ
By BaezaA at 10:56 am, May 30, 2024
N/A
N/A
ENY: 2023-24 Chapter: 12 SL: 12700
Item: 0690-101-0001 Pgm: 0380
Fund: General Fund
Program: Listos California CERT Support Grant Program
Match Req.: NONE
Project ID: OES23LISTOS0000
SC: 2023-12700 Amount: $25,000 DocuSign Envelope ID: FAB3ED11-57F6-409E-9072-89747C764512 6/6/2024
6/6/2024
Grant Subaward Contact Information
Grant Subaward #: _______________________________________________________________ Subrecipient: _______B ______________________________________________________________ Grant Subaward Director:

Name: _______________________________ Title: ___________________________________ Telephone #: _______________ Email Address: ___________________________________ Address/City/ Zip Code (9-digit): _________________________________________________ Grant Subaward Contact Information – Cal OES 2-102 (Revised 10/2020) City of Cathedral City
Charles McClendon City Manager
760-770-0340 [email protected]
68-700 Avenida Lalo Guerrero Cathedral City, CA 92234-1208 Kevin Biersack Financial Services Director
760-770-0340 [email protected]
68-700 Avenida Lalo Guerrero Cathedral City, CA 92234-1208 Christopher Dietz Engineer Paramedic
760-770-0340 [email protected]
68-700 Avenida Lalo Guerrero Cathedral City, CA 92234-1208 Amanda Geisendorfer Senior Analyst
760-770-0340 [email protected]
68-700 Avenida Lalo Guerrero Cathedral City, CA 92234-1208 Charles McClendon City Manager
760-770-0340 [email protected]
68-700 Avenida Lalo Guerrero Cathedral City, CA 92234-1208 Kevin Biersack Financial Services Director
760-770-0340 [email protected]
68-700 Avenida Lalo Guerrero Cathedral City, CA 92234-1208 Mark Carnevale Mayor
760-770-0340 [email protected]
68-700 Avenida Lalo Guerrero Cathedral City, CA 92234-1208 LC23 01 6320
, City of
AB
AB

LC23 01 6320
, City of
AB
AB
City of,
LC23 01 6320
, City of AB
(LC)
AB

, City of AB
Grant Subaward Budget Pages
Single Fund Source
Subrecipient: City of Cathedral City
Total Amount
Allocated
$6,192
$3,240
$7,776
PERSONNEL COSTS CATEGORY TOTAL $17,208
Grant Subaward #:
2 Firefighter Paramedics for 72 hrs @ $43 per hr
1 Fire Engineer for 72 hrs @ $45 per hr
2 Fire Captains for 72 hrs @ $54 per hr
A. Personnel Costs - Line-item description and calculation Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) LC23 01 6320, City of
X X
X
AB
AB
X
X
X
=
=
=
23LIST

Grant Subaward Budget Pages
Single Fund Source
Subrecipient: City of Cathedral City
Total Amount Allocated
500.00$
1,000.00$
100.00$
200.00$
200.00$
220.00$
1,250.00$
100.00$

50.00$
200.00$
100.00$

40.00$
200.00$

10.00$

30.00$
600.00$
200.00$
400.00$

25.00$

25.00$
250.00$
200.00$
360.00$
300.00$
400.00$

50.00$

75.00$
Wrecking Bar (12’ Gooseneck) 1 @ $25 per unit
N95 Masks (25 pack box) 2 @ $25 per unit
Emergency Glow Sticks (24 pack) 5 @ $15 per unit
B. Operating Costs - Line-item description and calculation Grant Subaward #:

Duct Tape (Per roll) 5 @ $5 per unit
Leather Work Gloves (Single Pair) 20 @ $10 per unit
Heavy Duty Bolt Cutter 1 @ $40 per unit
Brooms 5 @ $40 per unit
Bungee Cords (30 piece) 1 @ $10 per unit
Caution Tape (1,000ft) 1 @ $30 per unit
Chainsaw 2 @ $300 per unit
Folding Chairs (10 pack) 1 @ $200 per unit
Triage Tarps (Black/Red/Yellow/Green) 1 @ $220 per unit Heavy Duty Tarp - 10'x20' 5 @ $250 per unit
Mechanic Tool Set 1 @ $100 per unit
40ft Nylon Rope 5 @ $10 per unit
Shovels 10 @ $20 per unit
Portable Generator 1 @ $1000 per unit
Air compressor (to refill fire extinguishers) 1 @ $500 per unit 100’ Outdoor extension cord 2 @ $50 per unit
CERT Trailer Supplies
Halogen Tripod Work Light 2 @ $100 per unit
Coleman QuickPack Lantern 10 @ $40 per unit
Masking Tape (Per roll) 5 @ $5 per unit
Steel Pry Bars 5 @ $20 per unit
Foldout tables 2 @ $100 per unit
Flashlights (4 Pack w/ batteries) 10 @ $25 per unit
Green Safety Helmet (Each) 20 @ $18 per unit
Green Safety Vest (Each) 20 @ $15 per unit
Safety Goggles (10 pack) 20 @ $20 per unit
Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) , City of
x
=
x
=
x =
x =
x =
=x =x
=x =
x
x =
=
x =x
x
=
=
x
=
x
=
x
=x
=
x
=x
=x
=x
=
x
=x
=
x
=x
=
x
=
x
=x
LC23 01 6320
AB
AB
23LIST

Grant Subaward Budget Pages
Single Fund Source
Subrecipient: City of Cathedral City
Total Amount AllocatedB. Operating Costs - Line-item description and calculation Grant Subaward #:

90.00$

30.00$

18.00$
500.00$

44.00$
$7,792
Paper (750 sheets) 1 @ $18 per unit
NOAA Two-Way radios (18-pack) 1 @ $500 per unit
AA Batteries (60 pack) 2 @ $22 per unit
Trauma Shears (12 pack) 5 @ $18 per unit
Permanent Markers (30 Pack) 2 @ $15 per unit

OPERATING COSTS CATEGORY TOTAL
Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) LC23 01 6320, City of
x =
x
=
x
=
x
=
x
=
AB
AB
23LIST

Grant Subaward Budget Pages
Single Fund Source
Subrecipient: City of Cathedral City
Total Amount Allocated
$25,000Total Project Cost (Must match the Grant Subaward Face Sheet) C. Equipment Costs - Line-item description and calculation

EQUIPMENT COSTS CATEGORY TOTAL
Grant Subaward #:

Grant Subaward Budget Pages Single Fund Source - Cal OES 2-106b (Revised 10/2020) LC23 01 6320, City ofAB
AB
23LIST

F/S/L
Funding Source
Budget Amount
Paid/Expended
Balance
Pending
Pending Balance
S
23LIST
17,208
0 17,208
0 17,208
Total
A Personnel Services - Salaries/Employee Benefits
17,208
0 17,208
0 17,208
F/S/L
Funding Source
Budget Amount
Paid/Expended
Balance
Pending
Pending Balance
S
23LIST
7,792
0 7,792
0 7,792
Total
B. Operating Expenses
7,792
0 7,792
0 7,792
B. Operating Expenses
F/S/L
Funding Source
Budget Amount
Paid/Expended
Balance
Pending
Pending Balance
S
23LIST
0 0
0 0
0 Total
C. Equipment
0 0
0 0
0 C. Equipment
A Personnel Services - Salaries/Employee Benefits
F/S/L
Funding Source
Budget Amount
Paid/Expended
Balance
Pending
Pending Balance
Total
F/S/L (Funding Types): F=Federal, S=State, L=Local Match Paid/Expended=posted in Ledger w/Claim Schedule, Pending=Processsed, but not yet in Claim Schedule 06/07/2024
Budget Summary Report
LC23 Listos California CERT Support Grant Program
Cathedral City, City Of
Listos California CERT Support Grant Program
Subaward#:

LC23 01 6320
Subaward Period:
06/01/24 - 12/31/25
Latest Request:

Budget Amount
Paid/Expended
Balance
Pending
Pending Balance
Total Local Match:
0 0
0 0
0 Total Funded:
25,000
0 25,000
0 25,000
Total Project Cost:
25,000
0 25,000
0 25,000
F/S/L (Funding Types): F=Federal, S=State, L=Local Match Paid/Expended=posted in Ledger w/Claim Schedule, Pending=Processsed, but not yet in Claim Schedule 06/07/2024
Budget Summary Report
LC23 Listos California CERT Support Grant Program
Cathedral City, City Of
Listos California CERT Support Grant Program
Subaward#:

LC23 01 6320
Subaward Period:
06/01/24 - 12/31/25
Latest Request:

Grant Subaward Budget Narrative
Grant Subaward #:

Subrecipient: City of Cathedral City
Grant Subaward Budget Narrative – Cal OES 2-107 (Revised 4/2021) 1 Cathedral City Fire Department will utilize budgeted funds to improve our response ready CERT program. Allocating funds to address the inadequacies of our CERT trailer and increase the number of trained individuals will increase Cathedral City’s resilience. Increased resilience helps the local vulnerable and underserved community during unfortunate but probable events such as earthquakes, wildfires, and flooding.

The Cathedral City Fire Department’s Community Risk Reduction committee will oversee purchasing and training scheduling for the grant. This team handles staffing, training needs and instructor coverage as well as tools and equipment for the participants in our disaster preparedness programs. This expertise will help ensure funds are properly allocated with minimal administrative costs. Grant funds will be used to purchase inventory for the trailer, including a portable generator, triage tarps, and two-way radios, and pay overtime costs for CERT trainers. Two Fire Captains, a Fire Engineer, and two Firefighter Paramedics from the Cathedral City Fire Department will act as trainers. Leveraging their experience, the trainers will help foster trust and knowledge with the vulnerable and underserved community over the course of four training sessions, resulting in 80 trained CERT members.

LC23 01 6320
, City of
AB
AB

Grant Subaward Budget Narrative
Grant Subaward #:

Subrecipient: City of Cathedral City
Grant Subaward Budget Narrative – Cal OES 2-107 (Revised 4/2021) 2 Utilizing grant funds for only training and supplies eliminates administrative costs from the grant budget. Any administrative costs will come from City of Cathedral City funds. All activities performed with grant funds will allow for one-on-one interactive training with new equipment. Not only is this a benefit to an already outdated CERT program, but this will also allow for new community involvement within our target communities. With a growing agency, city, and disaster response metric, the department will allocate funds to assist with staffing and any additional instructors while grant funds will be allocated back into our CERT program.

LC23 01 6320
, City of
AB
AB

Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Cathedral City
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 1 The Cathedral City Fire Department (CCFD) exhibits a robust capacity to deliver CERT (Community Emergency Response Team) training to vulnerable and underserved communities, particularly within Cathedral City. Over the past year, Engineer Paramedic Christopher Dietz and Firefighter Paramedic Diwan De La Torre have contributed to the department's extensive experience in emergency response and community outreach. This serves as a strong foundation for our ability to conduct effective CERT training. With a Community Risk Reduction committee of highly trained and skilled personnel, including certified CERT instructors and Firefighter Paramedics, the CCFD is well-equipped to deliver comprehensive training programs tailored to the specific needs of various populations within Cathedral City.

CCFD demonstrates a keen understanding of the socio-economic dynamics present in Cathedral City. Training programs are designed to address the unique challenges faced by vulnerable communities such as language barriers, diverse cultural backgrounds, trust issues, and time constraints. Programs include annual CERT training, Disaster Preparedness presentations, Stop the Bleed courses, and Hands Only CPR. This enhances the effectiveness of CCFD training, making it more accessible and relevant to all participants, especially vulnerable and underserved populations.

CCFD teaches courses in English and Spanish to promote effective learning. The CCFD’s commitment to inclusivity is further exemplified by their efforts to make CERT LC23 01 6320
, City of
AB
AB

Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Cathedral City
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 2 training materials and resources easily understandable and accessible. This ensures that individuals with varying levels of education and literacy can actively participate and benefit from the program.

The CCFD also actively collaborates with local community organizations, leaders, and residents to establish solid rapport with target communities. Established trust is invaluable when delivering CERT training to disadvantaged communities, as it facilitates open communication and ensures a culturally sensitive approach.

Resource and time constraints can also impact the availability and quality of CERT training resources. Disadvantaged communities often experience resource constraints, including limited access to technology, educational materials, or even suitable training spaces. Vulnerable populations may also have competing priorities such as work, childcare, or caregiving responsibilities. Finding a balance between meeting the training needs and accommodating these time constraints is essential for successful engagement.

CCFD’s experienced personnel, community engagement initiatives, tailored approach, and commitment to inclusivity make them a reliable and effective partner in enhancing the emergency preparedness and resilience of Cathedral City's diverse and disadvantaged populations. With CalOES’s help, the CCFD will be able to reach a wider audience, further assisting the local vulnerable and underserved communities.

LC23 01 6320
, City of

Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Cathedral City
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 3 CCFD has significantly amplified its commitment to community safety by doubling the frequency of its CERT training and increasing class sizes. With four training sessions of 20 participants annually, the department aims to increase the number of trained individuals to 80 per year. This strategic shift from annual to biannual CERT training ensures a more consistent, regularized approach, expanding the reach and impact on community preparedness. This adjustment enables a more substantial number of residents to acquire crucial emergency response skills, further strengthening the community's ability to handle disasters. To maximize outreach, CCFD implements various community engagement strategies, such as workshops offered in English and Spanish, partnerships with local organizations, and flexible training modules to accommodate diverse schedules, making CERT training accessible to a broader range of participants. High school students can also get involved through TEEN CERT, enabling a forward-thinking culture of emergency preparedness. CCFDs commitment to adaptability enhances the program's effectiveness and inclusivity. Clear, measurable goals and regular evaluations ensure the CERT program aligns with evolving community needs, enabling greater outreach to vulnerable populations.

Grant funding will be strategically utilized to transform the CERT program into a robust, responsive, well-equipped force capable of efficiently addressing large-scale disasters and safeguarding the community during emergencies. The primary focus is addressing LC23 01 6320
, City of

Grant Subaward Programmatic Narrative
Grant Subaward #:

Subrecipient: City of Cathedral City
Grant Subaward Programmatic Narrative – Cal OES 2-108 (Revised 4/2021) 4 the CCFD CERT trailer, currently ill-equipped for large-scale disasters and primarily used for training purposes. Planned CERT trailer upgrades to ensure it is well-equipped for efficient disaster response include outfitting the trailer with state-of-the-art emergency response equipment, medical supplies, search and rescue tools, personal protective equipment, and communication devices. The grant will also support the acquisition of specialized equipment tailored for large-scale disasters. This investment will provide CCFD with the necessary resources to handle diverse emergency scenarios effectively.

CCFD’s second priority is expanding the CERT training program, incorporating all FEMA curriculum and exercises using Listos California program materials. The goal is to double the number of trained CERT members annually, enhancing overall community resilience. Advanced simulation exercises, closely mirroring real-life disaster scenarios, will be conducted using the grant funds to improve CERT members' emergency readiness. Community awareness campaigns will also be implemented to encourage more residents to participate in CERT training, emphasizing the role of CERT members in community-wide preparedness and disaster response.

LC23 01 6320
, City of
N/A

Grant Subaward Service Area Information
Grant Subaward #: ________________________________________________________________ Subrecipient: ______________________________________________________________________

1. County or Counties Served:

County where principal office is located: ______________________________________

2. U.S. Congressional District(s) Served:

U.S. Congressional District where principal office is located: ____________________

3. State Assembly District(s) Served:

State Assembly District where principal office is located: _______________________

4. State Senate District(s) Served:

State Senate District where principal office is located: _________________________

5. Population of Service Area: ___________________________________________________ Grant Subaward Service Area Information – Cal OES 2-154 (Revised 1/2020) City of Cathedral City
Cathedral City is located in Riverside County, CA
Riverside County
Cathedral City is located in California Congressional District 41 and California Congressional District 25.

CA District 25
Cathedral City is located in State Assembly District 47.

State Assembly District 47
Cathedral City is located in State Senate District 32 and State Senate District 18.

State Senate District 32
52,494 per US Census data
LC23 01 6320
, City of
AB
AB
Staff Report
City Council
Item No. 5.I
Meeting Date: August 14, 2024
From: John A. Corella, Director of Public Works
Title: Resolution to Authorize the City Manager, or Designee, to Submit an Application for Fiscal Year 2024 Safe Streets and Roads Safe for All Grant Program for a Comprehensive Safety Action Plan.

RECOMMENDATION:

To adopt a resolution authorizing submittal of an application for the fiscal year 2024 Safe Streets and Roads for All (SS4A) Grant program to the United States Department of Transportation (USDOT) for a grant funding opportunity to create a Comprehensive Safety Action Plan, and authorize the City Manager, or his designee, to execute all documents necessary to implement and secure payments.

BACKGROUND:

On November 15, 2021, the Infrastructure Investment and Jobs Act (also referred to as the “Bipartisan Infrastructure Law” or “BIL”) established the Safe Streets and Roads for All (the “SS4A”) discretionary grant program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of BIL to implement the program.

The purpose of the SS4A grant program is to improve roadway safety by significantly reducing and eventually eliminating roadway fatalities and serious injuries. The program focuses on the development of a Comprehensive Safety Action Plan (Action Plan) and its implementation for all users of highways, streets, and roadways, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators.

On April 16, 2024, the USDOT released the FY 2024 Notice of Funding Opportunity (NOFO) for the SS4A program. The closing date for applications is August 29, 2024.

The funds are available to provide federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives. The program provides funding to develop tools to strengthen a community’s approach to roadway safety and save lives and prevent serious harm.

The estimated total funding available is $1.26 billion. Funds for the FY 2024 SS4A grant program are to be awarded on a competitive basis, with an award amount ranging from $100,000 to $25 million. The SS4A grant program requires a local match of no less than 20 percent of the total project funding cost.

The SS4A program provides funding for two types of grants:
•Planning and Demonstration Grants provide federal funds to develop, complete, or supplement an action plan. Having an action plan in place is the foundation of the SS4A grant program. The goal of an action plan is to develop a holistic, well-defined strategy to eliminate roadway fatalities and serious injuries in a locality, Tribal area, or region.
•Implementation Grants provide federal funds to implement projects and strategies identified in an eligible action plan to address a roadway safety problem.

As a political subdivision of a State, the City of Cathedral City is eligible to apply for this SS4A grant funding opportunity.

The City of Cathedral City is looking at the Planning and Demonstration Grant funding opportunity to develop a Comprehensive Safety Action Plan. The plan will include evaluating roadway safety for all modes of travel, incorporating safe routes to school, and planning and surveying of the existing pedestrian network for accessibility issues in an effort to establish safe routes for all.

DISCUSSION:

Currently, the city has several plans such as Local Road and Safety Plan (LRSP), Active Transportation Plan (ATP), and the Americans with Disabilities Act (ADA) Transition Plan, that identify projects and set goals and objectives to eliminate roadway fatalities and serious injuries. These plans need to be updated at least every five years and are required for the city to obtain grant funding from federal or state programs when funding opportunities are available.

The SS4A program provides the opportunity to update and incorporate the above- mentioned plans into one comprehensive document that will be acceptable under federal and state programs to apply for grant programs including but not limited to the Active Transportation Program (ATP), the Safe Routes to School Program, and the Highway Safety Improvement Program (HSIP). The benefit of a single Comprehensive Safety Action Plan is to allow the city to optimize its grant application process.

Additionally, development and updates of separate safety plans incorporated into one Comprehensive Safety Action Plan will no longer be necessary.

The proposed estimated time to develop the Comprehensive Safety Action Plan will be 18 months. During this period, the city will work with engineering and planning specialists to conduct safety audits and studies throughout the city. A committee will also be established to perform community outreach to discover citizen’s concerns and help identify evidenced based low-cost, high-impact strategies to reduce risk for all road users, with special consideration for disadvantaged communities. The Comprehensive Safety Action Plan will establish a ranking system to identify the top priority corridors and intersections for implementation while adopting innovative technologies. The city will use this plan to set safety goals and policies to promote safety and equity throughout the city.

The estimated cost to develop the Comprehensive Safety Action Plan is $499,700. The SS4A Grant Program requires a local match of no less than 20 percent (20%) of the total project funding cost. Staff have identified Measure A funds that may be used for the local match and will encumber (reserve) those funds for potential utilization. If awarded, the Comprehensive Safety Action Plan will be funded as follows:

SS4A Federal Funds (80%) $399,760.00 Local Match – Measure A (20%) $ 99,940.00 Total Estimated Cost $499,700.00 Staff are requesting to adopt a resolution authorizing submittal of application for the fiscal year 2024 Safe Streets and Roads for All (SS4A) Grant Program to the United States Department of Transportation for grant funding opportunity, and authorize the City Manager, or his designee, to execute all documents necessary to implement and secure payments.

One of the components of the Comprehensive Safety Action Plan includes leadership commitment and goal setting. This will be an official public commitment by the City Council to eventually achieve a goal of zero roadway fatalities and serious injuries for the city. By adopting this resolution, the city takes the first step towards the leadership commitment and goal setting of the Comprehensive Safety Action Plan.

Overall, staff is requesting the City Council adopt a resolution to authorize the City Manager, or designee, to submit an application for Fiscal Year 2024 Safe Streets and Roads Safe for All Grant program for a Comprehensive Safety Action Plan.

FISCAL IMPACT:

The adoption of the resolution does not have a fiscal impact at this time. Staff will bring back this item to the City Council for approval of the respective grant participation funding from available budget funds if awarded this grant.

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. Resolution Adopting Submital of Application for FY2024 Safe Street and Roads for All Grant Program

RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL

CITY, CALIFORNIA, ADOPTING SUBMITTAL OF APPLICATION FOR THE FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL

GRANT PROGRAM FOR WHICH THE CITY OF CATHEDRAL CITY IS
ELIGIBLE.

WHEREAS, Public Law 117-58 signed on November 15, 2021, enacted the Infrastructure Investment and Jobs Act (also referred to as the “Bipartisan Infrastructure Law” or “BIL”) to authorize funds for Federal-aid highways, highway safety programs; and WHEREAS, the Bipartisan Infrastructure Law, Section 24112, established the Safe Streets and Roads for All (the “SS4A”) Discretionary Grant Program and appropriates funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of BIL to implement the program; and
WHEREAS, the SS4A program supports the U.S. Department of Transportation's National Roadway Safety Strategy and the goal of zero roadway deaths using a Safe System Approach; and
WHEREAS, on April 16, 2024, the USDOT released the Fiscal Year (FY) 2024 Notice of Funding Opportunity (NOFO) for the SS4A program; and
WHEREAS, the SS4A program provides funding for Planning and Demonstration Grants and Implementation Grants; and
WHEREAS, the SS4A program supports the development of a comprehensive safety action plan that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues; and WHEREAS, the City of Cathedral City, as a political subdivision of a State, is an eligible applicant for the SS4A Grant Program; and
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL is authorized to submit an application to USDOT for the FY 2024 Safe Streets and Roads for All Grant Program; and
BE IT FURTHER RESOLVED that the CITY MANAGER, or his/her designee is hereby authorized and empowered to execute in the name of the CITY OF CATHEDRAL CITY all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project; and
BE IT FURTHER RESOLVED that this authorization is effective from the date of adoption.

PASSED, APPROVED AND ADOPTED this 14th day of August 2024.

Mark Carnevale, Mayor
Cathedral City
ATTEST:

Tracey R. Hermosillo, City Clerk
Cathedral City
I, TRACEY R. HERMOSILLO, CITY CLERK of the City of Cathedral City, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Cathedral City held on the 14 TH day of August 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:

Eric S. Vail, City Attorney
Staff Report
City Council
Item No. 5.J
Meeting Date: August 14, 2024
From: John A. Corella, Director of Public Works
Title: Approval of the Reimbursement Agreement between CVAG and the City of Cathedral City for the CVAG Varner Road I-10 Bypass Feasibility Study RECOMMENDATION:

To approve a reimbursement agreement between the Coachella Valley Association of Governments (CVAG) and the City of Cathedral City (City) for the CVAG Varner Road I-10 Bypass Feasibility Study; and authorize the City Manager to execute the Agreement; and approve funding for the agreement obligations in an amount not to exceed $86,463.47.

BACKGROUND:

For years, the Coachella Valley Association of Governments (CVAG) has planned for the regional synchronization of traffic signals, the modernization and standardization of hardware and software, and the implementation of intelligent transportation system infrastructure (ITS) in the Coachella Valley. In 2015, CVAG released its request for proposals (RFP) for the signal synchronization project (CV Sync) identifying three primary corridors, Highway 111, Washington Street and Ramon Road, and 18 secondary corridors for traffic signal synchronization upgrades.

The CV Sync Project consists of upgrading the existing traffic signal controllers, traffic management systems, and communication systems within local agencies. The upgrades include the latest off-the-shelf technologies in order to provide inter-agency traffic signal synchronization.

In February 2018, the CVAG Executive Committee approved the Master Plan for CV Sync.

In February 2021, the CVAG Executive Committee awarded the construction of Phase I of the CV Sync project.

Phase I of the project was completed in June 2023 and is now operational and spans over the three primary regional corridors: Highway 111, Ramon Road and Washington Street. The project improvements included advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation System (ITS) elements, ITS sub-systems, and Ethernet/IP-based communications that will be expandable and scalable for future integration of ITS technologies and strategies, such as integrated corridor management (ICM), Smart Cities, and connected and autonomous vehicles.

In addition, Phase I of CV Sync project included a regional traffic management center (RTMC) and local traffic operation centers (TOC) that have the capability to monitor, and control connected traffic signals, and provide analytical data to help determine regional system enhancements, operations, and maintenance.

In December 2022, the CVAG Executive Committee awarded the construction of Phase II of the CV Sync project to upgrade the following corridors: Indian Canyon Drive, Palm Canyon Drive, Sunrise Way, Gene Autry Trail, Vista Chino, Date Palm Drive, Dinah Shore Drive, Bob Hope Drive, Monterey Avenue, Portola Avenue, Cook Street, Country Club Drive, Fred Waring Drive, Jefferson Street, Monroe Street, Jackson Street, Avenue 48 & Avenue 50.

This phase is under construction, and it is scheduled to be completed by December 2025.

Due to the regional effects of Tropical Storm Hilary in August 2023, CVAG staff launched Phase III of CV Sync by including Varner Road in its capacity as a bypass to Interstate 10.

Varner Road is primarily a two-lane roadway with its own history of flooding and logistical problems. Varner Road proved to be a critical route after Tropical Storm Hilary struck the Coachella Valley with an unprecedented destructive force in August 2023. The City of Cathedral City and other jurisdictions declared a state of emergency, dozens of roads were closed across the region, and Interstate 10 was shut down in both directions at several locations. Thousands of cars and trucks were detoured from the highway and onto a bypass route that extended from Washington Street to Palm Drive in Desert Hot Springs by utilizing Varner Road.

DISCUSSION:

On September 19, 2023, CVAG staff advertised a request for proposals (RFP) for professional engineering and intelligent transportation systems engineering for Varner Road Improvements. RFP proposals were due by October 31, 2023.

A selection committee was assembled to review the proposals. The committee included CVAG, Riverside County, Caltrans District 8, and the cities of Cathedral City and Palm Desert. Dokken Engineering was the consensus choice for contract negotiations.

Discussions over the scope and cost proposal were completed on Friday, November 17, 2024.

At the December 4, 2023, CVAG joint meeting of the Executive and Transportation Committees, CVAG approved the Phase III of CV Sync and the Varner Road Improvements project. CVAG staff was also authorized to negotiate and execute reimbursement agreements with local jurisdictions, including the County of Riverside and the Cities of Indio and Cathedral City, for work related to an additional I-10 bypass and feasibility study.

CV SYNC Phase III Improvements will extend along a 22-mile stretch of Varner Road and will be fully designed with final plans, specifications and cost estimate (PSE). The final PSE is scheduled to be completed in March 2025.

Consistent with CV Sync phases I and II, CVAG will provide 100% of the costs associated with the Phase III of CV Sync project.

CVAG has agreed to be the lead agency for the Varner Road improvements, which extend from Palm Drive to Avenue 42. The proposed improvements required to establish Varner Road as the de-facto bypass to I-10 during emergency/incident management events will be carefully evaluated with potential projects, impacts, and costs to be summarized in a Varner Road Improvements feasibility study.

CVAG will provide 75% of the costs associated with Varner Road Improvements feasibility study. The remaining 25% to be funded with local shares was calculated by considering Varner Road overall miles, overall signals, overall drainage issue miles within the study area, and distributed between the City of Cathedral City, Riverside County and the City of Indio.

CVAG staff has prepared a reimbursement agreement for the Varner Road Improvements feasibility study between CVAG and the City of Cathedral City, for the city to reimburse CVAG

15.4% of the 25% local share for the design costs.

Staff are requesting that the City Council approve a reimbursement agreement between the Coachella Valley Association of Governments (CVAG) and the City of Cathedral City (City) for the CVAG Varner Road I-10 bypass feasibility study; and, authorize the City Manager to execute the agreement; and, approve to fund the agreement obligations in the amount not to exceed $86,463.47 with available funds from FY 2024-2025 Budget, Engineering Professional and Technical Service Fund, account number 100-100-150-156-8600-8601.

FISCAL IMPACT:

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2024-2025
CVAG
Reimbursement
Agreement
100-100-150-
156-8600-8601 C0XXXX $86,463.47 ONE TIME
2024-2025 Total $86,463.47
Dokken Engineering proposal for the Varner Road Improvements feasibility study is in the amount of $2,245,804.50.

The Varner Road Improvements feasibility study will be 75% financed by CVAG and the remaining 25% (Local Share) will be distributed between the City of Cathedral City, Riverside County and the City of Indio per the attached agreement with CVAG.

Dokken Engineering Varner I-10 Bypass $2,245,804.50
CVAG $1,684,353.38 (75%)
Local Share $ 561,451.13 (25%)
Local shares are calculated by considering Varner Road overall miles, overall signals, overall drainage issue miles within the study area, and distributed between the City of Cathedral City, Riverside County and the City of Indio as shown below.

Road
Miles %
Number
of
Signals
%
Drainage
Issue
Miles
%
Avg.

Overall
%
Riverside County 11.0 67.7 14 87.5 8.5 73.1 76.1
Cathedral City 3.1 19.3 0 0.0 3.1 26.9 15.4
City of Indio 2.1 13.0 2 12.5 0 0 8.5

16.2 100.0 16 100.0 11.6 100 100
Local Share: $561,451.13
Riverside County 76.1% = $427,264.31
Cathedral City 15.4% = $ 86,463.47
City of Indio 8.5% = $ 47,723.35
The City’s contribution to this project is $86,463.47. Staff is requesting approval of a not to exceed amount of $86,463.47 from available funds in FY 2024-2025 Budget Engineering Professional and Technical Services Fund, account number 100-100-156-8600-8601 to fund the agreement obligation.

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. 1.Reimbursement Agreement by and between CVAG and the City of Cathedral City for the CVAG Varner Road I-10 Bypass Feasibility Study.

2. CVAG Joint Meeting of the Executive and Transportation Committees, December 4, 2023, Staff Report.

Contract No. CVAG-24-010
Project: CVAG Varner Road I-10 Bypass Feasibility Study

Page 1 of 10 ends

Cathedral City City CouncilAugust 14, 2024

Cathedral City City Council
August 14, 2024