Agenda packet — Cathedral City City Council, October 6, 2025

CITY COUNCIL
PACKET

Study Session 3:00 PM
Regular Meeting 5:30 PM

Monday, October 06, 2025

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

MAYOR
Nancy Ross

CITY COUNCIL MEMBERS

Mayor Pro Tem
Raymond Gregory

Councilmember
Rita Lamb

Councilmember
Ernesto Gutierrez

Councilmember
Mark Carnevale

STUDY SESSION 3:00 PM

Normally no action is taken on Study Session Items, however, the City Council reserves the right to give specific policy direction and take specific action as necessary.

Presentations will be limited to 10 minutes unless other provisions are made in advance.

CALL TO ORDER

ROLL CALL

AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.

1. PUBLIC COMMENTS

This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public

2 Comment will be limited to three (3) minutes.

2. STUDY SESSION

A. Cathedral City Community Center Feasibility Study Update by Group 4 Architecture Research
Recommendation: There is no staff recommendation as this presentation is only meant to provide a project update.

B. Capital Improvement Program and Pavement Management Program Update
Recommendation: City staff will present an update on the 5-Year Capital Improvement Program (CIP) and the Pavement Management Program (PMP) since its implementation in June 2023.

C. Wayfinding Signage Update
Recommendation: This is an informational item for presentation purposes only.

3. CLOSED SESSION

A. Public Employee Appointment Pursuant to Government Code section 54957(b)

One (1) position: Title: City Manager
Recommendation: There is no Staff Recommendation.

RECESS

REGULAR MEETING - 5:30 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION (MOMENT OF REFLECTION)

ROLL CALL

AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.

1. SPECIAL PRESENTATION

A. Presentation of Proclamation – Planning Month, October 2025 Recommendation: This is a presentation only.

B. Recognition – IGNITE Cohort
Recommendation: This is a presentation only.

3 2. PUBLIC COMMENTS

3. COUNCIL REPORTS

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

4. CONSENT AGENDA

The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.

A. Waive Full Reading of Ordinances on Agenda
Recommendation: Waive Full Reading of Ordinances on Agenda.

B. Approve the September 24, 2025, Study Session and Regular City Council Minutes
Recommendation: Approve the September 24, 2025, Study Session and Regular City Council Minutes.

C. Commissioner/Committee Member Attendance Record
Recommendation: Receive and File

D. Riverside County Animal Control Field and Shelter Service Contract Recommendation: Staff recommends the City Council approve a three-year contract with Riverside County Department of Animal Services for field and shelter service on a part-time basis and approve a budget adjustment in the amount of $72,540.00 in FY 2025-2026 and $147,211.00 in FY 2026-2027.

Staff also recommends City Council authorize the Interim City Manager to execute the contract between the City of Cathedral City and Riverside County Department of Animal Services.

E. Accept the Resignation of Charlotte Hunter-Copper, PhD., from the Historic Preservation Committee
Recommendation: To accept the resignation of Charlotte Hunter-Copper, PhD., from the Historic Preservation Committee, effective immediately, and direct staff to move forward with filling the vacant seat.

4 5. PUBLIC HEARINGS

6. LEGISLATIVE ACTIONS

A. Construction Contract Award to Vance Corporation for the Panorama Neighborhood Streets, Corta Road, and Alcita Road Pavement Rehabilitation Projects (C02605 & C02606)
Recommendation: To award a construction contract to Vance Corporation in the amount of $919,715.40 for the Panorama Neighborhood Streets Pavement Rehabilitation Project (C02605), and Corta Road and Alcita Road Pavement Rehabilitation Project (C02606); and, approve a twenty percent (20%) contingency in the amount of $183,943.08 for unforeseeable construction costs, thereby bringing the total project budget to the amount of $1,103,658.48; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

B. Authorize a Task Order to NAI Consulting, Inc. for the Design of the Landau Boulevard Public Alley Reconstruction Project (C02607) Recommendation: Authorize a task order to NAI Consulting, Inc. (NAI), to provide design engineering services for the Landau Boulevard Public Alley Reconstruction Project (C02607), as part of the city’s on-call engineering support services contract in the amount not to exceed $76,708; and approve a twenty percent (20%) contingency for unforeseen design-related issues in the amount $15,342; thereby bringing the total design phase encumbrance for this project to $92,050; and authorize the City Engineer to execute the task order.

C. Award Contracts for HSIP Cycle 11C: Citywide Traffic Signal Hardware Upgrades (C08756)
Recommendation:

To:
• Award a construction contract to Econolite Systems, Inc., in the amount of $564,709.40 for the Highway Safety Improvement Program (HSIP) Cycle 11C – Citywide Traffic Signal Hardware Upgrades Project (C08756); and,
• Award a professional services agreement to RT Engineering & Associates, Inc., in the amount of $134,229.04 for professional construction engineering support services for this project; and, • Approve a twenty percent (20%) contingency in the amount of $139,861.56 for unforeseeable construction costs and project changes; thereby bringing the total construction budget for this project to $838,800.00; and
• Authorize the City Manager to execute both contract documents, and, • Authorize the City Engineer to request bonds and insurance for the project and issue the Notice to Proceed.

D. Balloon Festival Production and Revenue Sharing Agreement and Concert Headliner

5 Recommendation:

Staff recommends that the City Council:

1. Authorize the Interim City Manager to execute the Concert Production and Revenue Sharing Agreement with SoundSkilz Entertainment, establishing the two-phase revenue sharing structure (Producer cost recovery, then 75% City / 25% SoundSkilz on remaining revenue), production responsibilities, and other terms as detailed in this report

2. Approve Robin Thicke as the headline entertainment for the 11th Annual Cathedral City International Hot Air Balloon Festival on Friday, November 21, 2025

Note: Council previously approved the $80,000 allocation from the General Fund for festival headline entertainment. The City is also receiving $12,500 from Visit Greater Palm Springs toward artist fees and production support.

This recommendation seeks approval of the specific artist and the revenue sharing agreement structure. Upon Council approval, staff will proceed with public announcement and ticket sales launch on October 7, 2025.

7. DISCUSSION ON FUTURE AGENDA ITEMS

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

8. CLOSED SESSION

ADJOURNMENT

NOTES TO THE PUBLIC

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

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

When providing public comment during a Council Meeting, California Law may require speakers to disclose a campaign contribution made to an elected or appointed City Councilmember if speaking on certain projects or contracts to be acted upon by the City Council. Please use the following link to determine whether you have a legal obligation to disclose your campaign contribution: https://www.cathedralcity.gov/transparency

Written Comments will be accepted until 2:00 p.m. on the day of the meeting. Written comments may be submitted via email, letter, or other forms of written communication.

6 To email comments please email to [email protected].

Hard copies of written comments and any other document will be provided to the City Council and made available for the general public to review. All written comments received by the submission deadline will be made part of the official record. The meeting minutes will include: The name of the individual submitting the comment and a brief statement summarizing the content of the comment.

Submitted Written Comments will not be read into the record during the meeting.

Staff Report
City Council
Item No. 2.A
Meeting Date: October 6, 2025
From: Anne Ambrose, Interim City Manager
Title: Cathedral City Community Center Feasibility Study Update by Group 4 Architecture Research
RECOMMENDATION:

There is no staff recommendation as this presentation is only meant to provide a project update.

BACKGROUND:

Part of the City’s 5-Year Strategic Plan is to conduct a cost and site analysis for a future community center (center).

In November 2024, City voters passed Measure W which is forecasted to generate 5 million dollars annually, with 40% planned for the construction and operation of the future center.

In July 2025, the City Council voted to approve Group 4 Architecture (Group 4) as the consultant to conduct the community center feasibility study. Since then, City staff has been working in concert with Group 4 to conduct the study.

DISCUSSION:

Group 4 Architecture Research will provide an in-depth presentation on the following topics this evening:

1. Introductions

2. Workplan and Schedule

3. Needs Assessment
National Standards
Comparable Communities
Community Input to Date
Best Practices and Trends

4. Site Assessments
Community Analysis
Site Options

5. Site Analysis
oCost Models
oCost Analysis
oEvaluation Criteria
oDraft Site Analysis/Discussion

6. Next Steps
The study is projected to be completed in December 2025, with plans to brief the results to City Council in January 2026.

FISCAL IMPACT:

None
FIVE-YEAR STRATEGIC PLAN:

Goal B – Community Investment
Action B-10 – Conduct site and cost analysis for our Community Recreation Center.

ATTACHMENTS:

None
Staff Report
City Council
Item No. 2.B
Meeting Date: October 6, 2025
From: John A. Corella, Director of Public Works
Title: Capital Improvement Program and Pavement Management Program Update
RECOMMENDATION:

City staff will present an update on the 5-Year Capital Improvement Program (CIP) and the Pavement Management Program (PMP) since its implementation in June 2023.

BACKGROUND:

Cathedral City’s 5-Year Capital Improvement Program (CIP) Plan is a strategic tool for prioritizing and budgeting infrastructure projects based on long-term community needs and available resources. The CIP is developed from the Pavement Management Program (PMP), which evaluates roadway conditions and provides data to guide cost effective maintenance priorities. This ensures street improvement funding is allocated using a clear, objective, and data-driven approach, helping the city make thoughtful decisions about infrastructure investments in a cost-effective manner.

In May 2023, the city completed a comprehensive PMP Implementation Report. This report served as a baseline for evaluating the condition of all 157 miles of city-maintained streets.

Each road segment was assigned a Pavement Condition Index (PCI) score, ranging from 0 (worst) to 100 (new or excellent condition), with the citywide average PCI recorded at 64, classified as “Fair.” This baseline has since guided project selection and funding prioritization in the current 5- Year CIP Plan.

The CIP Plan was last presented to City Council on April 23, 2025, outlining planned projects for FY 2025-26 through FY 2029-30. Today, staff will provide a semi-annual update highlighting recently completed CIP projects and an overview of upcoming projects programmed in the current biennial budget. In addition, staff will present a status update on the PMP, reporting on how recent roadway investments have impacted the city’s overall PCI since the completion of the PMP Implementation Report.

DISCUSSION:

Pavement Management Program
The 2023 Pavement Management Program Implementation Report was a critical step in updating the City’s approach to roadway maintenance. The report evaluated the entire street network of approximately 157 miles, divided into 1,396 segments and analyzed pavement conditions using industry-standard tools, including StreetSaver™, a software platform used by agencies across California.

The PMP Report did the following:
Assessed Existing Conditions
oRoadway segments were surveyed and rated using the Pavement Condition Index (PCI). The PCI score helps determine the current state of each street and what kind of treatment is most appropriate.
Established a Baseline
oThe citywide average PCI of 64 (as of 2023) was classified as “Fair” condition.

The report provided detailed breakdowns by roadway type:
Arterials (e.g., major roads)
Collectors (connecting neighborhoods to arterials)
Residential/Local Streets
Recommended Treatment Strategies
oBased on PCI scores, the PMP grouped street segments into categories that suggest specific maintenance approaches:

Functional Classification
Condition Category PCI
Range Arterial Collector Residential
Very Good 100 -90 Do Nothing(I) Good 89-70 Slurry seal with Crack Seal (II) Fair, Non-Load Slurry seal with Crack Seal
(III) Fair, Load -
Related
69-50 Grinding 2-inches with 2-inches of Asphalt
Overlay
(IV) Poor 49-25 Grinding 3-inches with 3-inches of Asphalt Overlay
(V) Very Poor <24 Full Depth AC and base Reconstruction Outlined Funding Scenarios
oThe report presented three budget scenarios to illustrate how different levels of investment would impact the citywide PCI over five years:

1. $2M/year – PCI drops from 64 to 59 by 2028

2. $2M–$11.9M/year – PCI holds steady at 64

3. $11.9M–$15.1M/year – PCI increases to 69 by 2028
These scenarios provided insight into the expected outcomes of different investment strategies, helping staff and Council better understand the long-term impact of funding decisions. Since completion of the report, staff have continued to update the PMP database with new project data and current PCI ratings to inform the ongoing CIP process.

Recent Roadway Improvements
Since 2023, the city has invested approximately $12.9 million in roadway improvements, resulting in upgrades to nearly 17% of the street network. This includes:
$3.1 million spent on surface maintenance treatments (like slurry seals and crack sealing), covering 4.5 million square feet of roadway.
$9.8 million invested in more extensive rehabilitation and reconstruction, improving approximately 1.6 million square feet.

A list of completed construction projects, including construction dates and costs, is attached to this report (Attachment 1). It is important to note that several projects were funded through one-time funding sources, including:
$4.7 million from the Agua Caliente Band of Cahuilla Indians (ACBCI) agreement, used for reconstruction of Date Palm Drive.
$0.7 million from the General Fund for emergency repairs in the Panorama Neighborhood following Tropical Storm Hilary.

These one-time funding sources supported important repairs, while the city’s average annual investment from ongoing funding sources had remained around $3.7 million.

Despite recent progress, the overall condition of city streets has slightly declined, largely due to the natural aging of untreated roadways. As of this update, the average PCI is 61, down from 64 in 2023. A breakdown of current pavement conditions is provided below:

Condition
Category
PCI
Range
Centerline
Mileage
Percent
Centerline
Mileage
Pavement
Area (sf)
Percent
Area
2025
Percent
Area
2023
Very Good 90-100 6.7 4.2% 1,287,562 3.6% 4.3%
Good 70-89 55.8 34.6% 11,625,896 32.3% 31.5%
Fair 50-69 67.9 42.1% 14,374,881 39.9% 46.8%
Poor 25-49 25.9 16.0% 7,085,269 19.7% 15.2%
Very Poor 0-24 5.2 3.2% 1,639,868 4.6% 2.2%
Totals: 161.5 100.0% 36,013,476 100.0% 100.0%
The results presented in the table reflect the typical pavement life cycle, characterized by gradual deterioration over time due to factors such as frequent traffic, heavy vehicle loads, and adverse weather conditions. While some streets have recently received maintenance or rehabilitation, a significant portion of the network (83%) continues to deteriorate due to delayed or deferred maintenance. This ongoing deterioration helps explain the projected decrease in the overall citywide PCI.

Upcoming Projects in FY 2025-26 and FY 2026-27
The 5-Year CIP Plan includes several roadway projects scheduled and budgeted for construction over the next two years. These projects are selected based on data from the PMP, ensuring a focus on streets that will benefit most from maintenance or repair.

Planned investments include:
FY 2025–26:
o$2.6 million for street reconstruction
o$0.8 million for pavement maintenance and repairs
oTotal investment: $3.4 million
FY 2026–27:
o$2.7 million for street reconstruction
o$1.1 million for pavement maintenance and repairs
oTotal investment: $3.8 million
These projects will be funded through a combination of sources, including a new annual allocation of $1,000,000 in Measure W funding for residential street improvements. The implementation of Measure W will enable the city to continue investing approximately $3.7 million annually, offsetting the decline of Measure A and Assessment District revenues that previously served as primary financial sources. A complete list of planned projects, along with estimated construction timelines and cost estimates, is provided in Attachment 2.

Conclusion
Cathedral City continues to make steady progress in maintaining and improving its roadway infrastructure. The PMP and 5-Year CIP Plan provide a data-driven framework for evaluating pavement conditions, prioritizing projects, and aligning investments with long-term maintenance strategies.

City staff regularly update the PMP database with the latest pavement condition data and completed project information. This ongoing analysis supports more accurate planning and budgeting and ensures that future investment recommendations are based on current conditions and system-wide needs.

With the passage of Measure W in 2024, the city now has an additional dedicated funding source that will support ongoing pavement maintenance and rehabilitation efforts. This increased funding capacity is reflected in the 5- Year CIP Plan and projects programmed in the current biennial budget and will help the city continue to address priority roadway needs in the coming years.

FISCAL IMPACT:

There is no fiscal impact for this update. This update is for information only.

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.

Action B-15: Develop a 5-Year pavement maintenance strategy and funding plan to achieve a citywide Pavement Quality Index that ranks in the Top 3 of Coachella Valley cities ATTACHMENTS:

Attachment 1 – Projects Completed Since PMP Implementation Report Attachment 2 – FY 2025-26 and FY 2026-27 Upcoming CIP Projects Attachment 1
Completed Construction Projects Project NumberConstruction DatesConstruction Cost Panorama Neighborhood REAS C08681 4/15/2024-6/14/2024 84,370.46$ Sunny Lane Neighborhood REAS C08682 4/15/2024-6/14/2024 148,882.65$ Victoria Drive Neighborhood REAS C08683 4/15/2024-6/14/2024 579,460.19$ Cove Crack Repair C08675 6/3/2024-3/14/2025 928,513.58$ East Palm Canyon Drive REAS C08695 5/27/2025-7/18/2025 327,856.61$ AD 86-5 Neighborhood REAS C08696 5/27/2025-7/18/2025 200,269.29$ Vista Chino Drive REAS C08697 5/27/2025-7/18/2025 629,010.65$ Date Palm Drive REAS C08698 5/27/2025-7/18/2025 205,994.00$ 3,104,357.43$
Completed Construction Projects Project Number Construction DatesConstruction Cost Via De Anza Phase II C08835 7/5/2023-10/18/2023 556,180.56$ East Palm Canyon Drive Pavement Rehabilitation C08669 9/18/2023-12/6/2023 164,023.28$ Da Vall Street Improvements C08665 9/18/2023-12/6/2023 330,506.86$ San Eljay Pavement Rehabilitation C08667 9/18/2023-12/6/2023 371,494.78$ Public Alleyway Reconstruction C08670 9/18/2023-12/6/2023 132,696.62$ Date Palm Drive Pavement Rehabilitation C08840 9/25/2023-4/30/2024 4,870,906.83$ Via De Anza Phase III C08841 4/22/2024-9/24/2024 653,435.43$ Horizon Road Pavement Reconstruction C08676 6/17/2024-7/5/2024 218,670.38$ Los Gatos Road Pavement Reconstruction C08677 6/17/2024-7/5/2024 132,544.00$ Panorama Road Pavement Reconstruction C08678 6/17/2024-7/5/2024 217,411.40$ East-West Alley Pavement Reconstruction C08679 6/17/2024-7/5/2024 55,201.81$ North-South Alley Pavement Reconstruction C08680 6/17/2024-7/5/2024 39,421.74$ Shifting Sands Trail Pavement Reconstruction C08688 3/3/2025-4/22/2025 406,638.50$ Sky Blue Water Trail Pavement Reconstruction C08689 3/3/2025-4/22/2025 367,345.00$ 33rd Avenue Pavement Reconstruction C08690 3/3/2025-4/22/2025 226,258.00$ Ventura Drive Pavement Reconstruction C08691 3/3/2025-4/22/2025 243,820.70$ Avenida Quintana Pavement Reconstruction C08692 3/3/2025-4/22/2025 229,729.10$ Dream Homes Neighborhood Pavement Rehabilitation C08693 4/6/2025-4/22/2025 292,000.00$ East Palm Canyon Drive Pavement Rehabilitation C08694 4/6/2025-4/22/2025 255,409.16$ 9,763,694.15$
12,868,051.58$

REHABILITATION / RECONSTRUCTION
TOTAL MAINTENANCE and REPAIRS

MAINTENANCE AND REHABILITATION PROJECTS
COMPLETED SINCE THE IMPLEMENTATION OF THE PAVEMENT MANAGEMENT PROGRAM (JUNE 2023)

TOTAL INVESTMENT IN ASPHALT-RELATED ROADWAY IMROVEMENTS MAINTENANCE and REPAIRS
TOTAL MAINTENANCE and REPAIRS
Attachment 2
FY 2025-26 PROGRAMMED PROJECTS
Upcoming Projects Project Number Status Est. Construction Cost Panorama Neighborhood Grinding and REAS C02605 Construction 490,000.00$ Dream Homes Neighborhood Crack Repair C0XXXX Upcoming 300,000.00$ 790,000.00$
Upcoming Projects Project Number Status Est. Construction Cost Corta and Alcita Road Pavement Reconstruction C02606 Construction 835,000.00$ Tropical Storm Hilary- Vista Chino Pavement Reconstruction C08685 Design 431,027.00$ Whitewater Area Street Rehabilitation Phase II C0XXXX Upcoming 1,310,000.00$ 2,576,027.00$
3,366,027.00$
FY 2026-27 PROGRAMMED PROJECTS
Upcoming Projects Project Number Status Est. Construction Cost AD 88-2 Area REAS C0XXXX Upcoming 162,000.00$
Dream Homes Area REAS C0XXXX Upcoming 850,000.00$
1,012,000.00$
Upcoming Projects Project Number Status Est. Construction Cost Avenida El Mundo and Avenida El Pueblo Pavement Rehabilitation C0XXXX Upcoming 1,200,000.00$ Landau Boulevard Public Alleyway Pavement Reconstruction C0XXXX Upcoming 1,010,000.00$ Cathedral Canyon from Perez Road to Ofelia Bringas Bridge Pavement RehabC0XXXX Upcoming 540,000.00$ 2,750,000.00$
3,762,000.00$
ESTIMATED TOTAL FY 2025-26 UPCOMING PROJECTS
ESTIMATED TOTAL FY 2026-27 UPCOMING PROJECTS
FY 2025-26 REHABILITATION / RECONSTRUCTION
MAINTENANCE and REPAIRS
FY 2026-27 MAINTENANCE and REPAIRS

REHABILITATION / RECONSTRUCTION
FY 2026-27 REHABILITATION / RECONSTRUCTION
FY 2025-26 MAINTENANCE and REPAIRS

REHABILITATION / RECONSTRUCTION

MAINTENANCE AND REHABILITATION PROJECTS
UPCOMING PROJECTS FROM THE 5-YEAR CAPITAL IMPROVEMENT PROGRAM MAINTENANCE and REPAIRS
Staff Report
City Council
Item No. 2.C
Meeting Date: October 6, 2025
From: Ryan Hunt, Communications & Events Manager
Title: Wayfinding Signage Update
RECOMMENDATION:

This is an informational item for presentation purposes only.

BACKGROUND:

The City of Cathedral City's current wayfinding signage system was installed in 2016. Since that time, the city has experienced significant growth and development, with numerous new destinations, businesses, and landmarks established throughout the community. The existing signage no longer accurately reflects the current landscape of the City of Cathedral City and requires updating to provide visitors and residents with clear, current directional information.

In early 2025, staff began working with the contracted design team to update the wayfinding signage system. This update addresses two primary needs:

1.Accuracy: Include destinations and landmarks that have been built or established since 2016

2.Specificity: Replace generic directional terms with specific destination names to improve navigation clarity
DISCUSSION:

Design Concept
The updated wayfinding signage will feature a refreshed design celebrating the City of Cathedral City's unique identity and cultural landmarks. The current plan is to implement wayfinding signage in four (4) phases. This initial phase focuses on the downtown and the arts district. The design incorporates watermark elements showcasing recognizable City of Cathedral City icons, including:
Hot air balloons (celebrating the city's signature balloon festival) Lalo Guerrero statue
Fountain of Life
Bell Tower
Other identifiable community markers
These visual elements will create a cohesive design aesthetic reinforcing the City of Cathedral City's brand identity while providing functional directional information.

Color Palette:

The signage features a warm terracotta/desert orange color scheme reflecting the City of Cathedral City's desert environment while creating a welcoming, contemporary aesthetic.

This color palette:
Distinguishes the City of Cathedral City's wayfinding system with a unique, recognizable identity
Complements the natural desert landscape and architectural character of the community
Provides high visibility while maintaining an elegant, modern appearance Creates visual continuity across all wayfinding locations throughout the city The warm tones evoke the sunset colors and natural beauty of the Coachella Valley, reinforcing the City of Cathedral City's connection to its desert setting.

Language and Destination Updates
Staff has worked with the design contractor to refine the language used on signage to provide more specific and helpful directional information. Key updates include:

Specific Destinations Replace Generic Terms:
"Senior Center" (spelled out in full, replacing "Senior Ctr") "Big League Dreams" (replacing "Sports Park")
"The Perez Art District" (replacing "Perez Corridor")
"Dining & Entertainment" (replacing "Shop & Dine")
Individual theater names: "CVRep Theatre" and "Mary Pickford Theatre" (replacing generic "Theaters")
New Destinations Added:
Agua Caliente Casinos (added to Date Palm, The Perez Art District, and HWY 111/East Palm Canyon corridor signage)
Cathedral Cove Center (new dining destination on HWY 111) Implementation Timeline for Phase I
September 2025: Design finalization
October 6, 2025: Informational presentation to City Council November 2025: Installation November 21-23, 2025:
Target completion date: Cathedral City International Hot Air Balloon Festival The installation timeline is designed to ensure the updated wayfinding signage is in place for the Cathedral City International Hot Air Balloon Festival, one of the city's premier signature events. The new signage, featuring hot air balloon watermark elements, will enhance the visitor experience during this major community celebration and provide improved directional information for the anticipated influx of festival attendees.

Benefits to the Community
The updated wayfinding signage system will provide several benefits:

1. Improved Visitor Experience: Clear, specific directional information helps visitors navigate to destinations efficiently

2. Economic Development Support: Highlighting key commercial and entertainment destinations supports local businesses

3. Brand Identity: Design elements featuring local landmarks reinforce Cathedral City's unique community character

4. Current Information: Signage reflects the city's growth and development over the past nine years
FISCAL IMPACT:

The wayfinding signage update has $75,000/year in Communications and Events operating budget in the City’s FY 2025-26 and FY 2026-27 biennial budget. This funding supports the phased implementation, maintenance, and ongoing updates to the wayfinding system to ensure signage remains current as the city continues to grow and develop.

FIVE-YEAR STRATEGIC PLAN:

This project directly supports the following Strategic Plan goals:

Goal B: Community Investment
Action B-7: Improve wayfinding signage to direct visitors to destinations in the community (Year 0-1)
ATTACHMENTS:

1. Wayfinding Signage Design Concepts

2. Signage Location Map
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ACTUAL MATERIALS BEING USED. ©
• SIGN FACE /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS, VINYL FACE, PAINTED FINISH ON BACK, GRAFFITI LAM • SIGN BACK PANEL /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS ON BOTTOM, PAINTED FINISH, GRAFFITI LAM • COPY & ARROWS/endash.cap 6" CAP HT. VINYL LETTERING & 7" VINYL ARROW APPLIED TO SIGN FACE • LOGO/endash.cap LOGO PAINTED ON ALUMINUM SURFACE
• INSTALL/endash.cap POSTS WILL HAVE A POWDER COATED ALUMINUM SLEEVE PLACED OVER THEM AND BOLTED TO THE EXISTING BASE, NEW SIGN FACES ATTACHED • FONT/endash.cap MONTSERRAT /parenleft.capSEMI/hyphen.capBOLD/parenright.cap WAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap TOWERWAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap TOWER

PROJECT
CLIENT
JDO#/JPO#
MO#
AE

DESIGNER

ORIGINAL DATE

WAYFINDING PROGRAM

REVISIONS

CATHEDRAL CITY
00271982
400/hyphen.cap75738/hyphen.cap0GD
TC
KJ
08 /hyphen.cap 19 /hyphen.cap 25
Fresno (525)
(559) 431-2502
Las Vegas (475)
(702) 253-6470
Phoenix (460)
(623) 936-2680
Sacramento (550)
(916) 635-0234
San Diego (300)
(619) 474-8246
Southern Ca. (400)
(951) 328-2637
Bay Area (500)
(925) 449-1900
Corp GD (597)
(619) 474-8246

CATHEDRAL CITY WAYFINDING
C.02 - DATE PALM DR & PEREZ RD

FRONT ELEVATION DETAIL
SCALE: 1/2"=1'-0"

FRONT BACK
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
6" 7"
4'-0"
4'-0"
6'-0"
5'-2"
8"
1'-7"
6'-8"
4'-3"
7'-2"

PRISMATIC POWDERS

RED CLAY

PRISMATIC POWDERS
CREAM

LOGOS AND IMAGES

DIRECT PRINTED

FACE PAINTED TO MATCH

PRISMATIC POWDERS
CREAM

POLE POWDER COATED

PRISMATIC POWDERS

RED CLAY

BACKER PAINTED TO MATCH

PRISMATIC POWDERS

RED CLAY
08 /hyphen.cap 29 /hyphen.cap 25
09 /hyphen.cap 1 7 /hyphen.cap 25
09 /hyphen.cap 29 /hyphen.cap 25
3/8" = 1' /hyphen.cap 0"
Signature Date

CLIENT APPROVAL

AS IS WITH REVISION(S)
ART FILE IS PROD.-READY
SCALE
FILE NAME (GD-5)

YOUR SIGNATURE INDICATES FINAL APPROVAL OF THIS

DESIGN, RELEASING MSI FROM RESPONSIBILITY OF
INCORRECT INFORMATION.

THIS IS AN ORIGINAL MSI DESIGN. ALL RIGHTS TO USE

OR REPRODUCE IN WHOLE OR IN PART, IN ANY FORM

OR TO FABRICATE OR PRODUCE ANY LIKENESS THEREOF
SHALL REMAIN THE EXCLUSIVE RIGHT OF MSI.

PROJECT
CLIENT
JDO#/JPO#
MO#
AE

DESIGNER

ORIGINAL DATE

WAYFINDING PROGRAM

REVISIONS

CATHEDRAL CITY WAYFINDING
08 /hyphen.cap 29 /hyphen.cap 25
09 /hyphen.cap 1 7 /hyphen.cap 25
09 /hyphen.cap 29 /hyphen.cap 25
3/8" = 1' /hyphen.cap 0"
Signature Date

CLIENT APPROVAL

AS IS WITH REVISION(S)
ART FILE IS PROD.-READY
SCALE
FILE NAME (GD-5)

YOUR SIGNATURE INDICATES FINAL APPROVAL OF THIS

DESIGN, RELEASING MSI FROM RESPONSIBILITY OF
INCORRECT INFORMATION.

THIS IS AN ORIGINAL MSI DESIGN. ALL RIGHTS TO USE

OR REPRODUCE IN WHOLE OR IN PART, IN ANY FORM

OR TO FABRICATE OR PRODUCE ANY LIKENESS THEREOF
SHALL REMAIN THE EXCLUSIVE RIGHT OF MSI.

COLORS SHOWN ARE NOT TRUE MATCHES TO FINAL
PRODUCT. FOR EXACT COLOR MATCH, REFER TO
ACTUAL MATERIALS BEING USED. ©
• SIGN FACE /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS, VINYL COPY, PAINTED FINISH ON BACK WITH DP GRAPHICS, GRAFFITI LAM • SIGN BACK PANEL /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS ON BOTTOM, PAINTED FINISH WITH DP GRAPHICS, GRAFFITI LAM • COPY & ARROWS/endash.cap 6" CAP HT. VINYL LETTERING & 7" VINYL ARROW APPLIED TO SIGN FACE • LOGO/endash.cap LOGO PAINTED ON ALUMINUM SURFACE
• INSTALL/endash.cap POSTS WILL HAVE A POWDER COATED ALUMINUM SLEEVE PLACED OVER THEM AND BOLTED TO THE EXISTING BASE, NEW SIGN FACES ATTACHED • FONT/endash.cap MONTSERRAT /parenleft.capSEMI/hyphen.capBOLD/parenright.cap WAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap BALOON RACEWAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap BALOON RACE

PROJECT
CLIENT
JDO#/JPO#
MO#
AE

DESIGNER

ORIGINAL DATE

WAYFINDING PROGRAM

REVISIONS

CATHEDRAL CITY WAYFINDING
C.02 - DATE PALM DR & PEREZ RD

FRONT ELEVATION DETAIL
SCALE: 1/2"=1'-0"

FRONT BACK
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
C.02 - DATE PALM DR & PEREZ RD

FRONT ELEVATION DETAIL
SCALE: 1/2"=1'-0"
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
6" 7"

PRISMATIC POWDERS

RED CLAY

PRISMATIC POWDERS
CREAM
4'-0"
4'-0"
6'-0"
5'-2"
8"
1'-7"
6'-8"
4'-3"
7'-2"

FACE PAINTED TO MATCH

PRISMATIC POWDERS
CREAM

POLE POWDER COATED TO MATCH

PRISMATIC POWDERS

RED CLAY

BACKER PAINTED TO MATCH

PRISMATIC POWDERS

RED CLAY
6" 7"

PRISMATIC POWDERS

RED CLAY

PRISMATIC POWDERS
CREAM

LOGOS AND IMAGES

DIRECT PRINTED
4'-0"
4'-0"
6'-0"
5'-2"
8"
1'-7"
6'-8"
4'-3"
7'-2"
08 /hyphen.cap 29 /hyphen.cap 25
09 /hyphen.cap 1 7 /hyphen.cap 25
09 /hyphen.cap 29 /hyphen.cap 25
3/8" = 1' /hyphen.cap 0"
Signature Date

CLIENT APPROVAL

AS IS WITH REVISION(S)
ART FILE IS PROD.-READY
SCALE
FILE NAME (GD-5)

YOUR SIGNATURE INDICATES FINAL APPROVAL OF THIS

DESIGN, RELEASING MSI FROM RESPONSIBILITY OF
INCORRECT INFORMATION.

THIS IS AN ORIGINAL MSI DESIGN. ALL RIGHTS TO USE

OR REPRODUCE IN WHOLE OR IN PART, IN ANY FORM

OR TO FABRICATE OR PRODUCE ANY LIKENESS THEREOF
SHALL REMAIN THE EXCLUSIVE RIGHT OF MSI.

COLORS SHOWN ARE NOT TRUE MATCHES TO FINAL
PRODUCT. FOR EXACT COLOR MATCH, REFER TO
ACTUAL MATERIALS BEING USED. ©
• SIGN FACE /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS, VINYL FACE, PAINTED FINISH ON BACK, GRAFFITI LAM • SIGN BACK PANEL /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS ON BOTTOM, PAINTED FINISH, GRAFFITI LAM • COPY & ARROWS/endash.cap 6" CAP HT. VINYL LETTERING & 7" VINYL ARROW APPLIED TO SIGN FACE • LOGO/endash.cap LOGO PAINTED ON ALUMINUM SURFACE
• INSTALL/endash.cap POSTS WILL HAVE A POWDER COATED ALUMINUM SLEEVE PLACED OVER THEM AND BOLTED TO THE EXISTING BASE, NEW SIGN FACES ATTACHED • FONT/endash.cap MONTSERRAT /parenleft.capSEMI/hyphen.capBOLD/parenright.cap WAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap BALOONSWAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap BALOONS

PROJECT
CLIENT
JDO#/JPO#
MO#
AE

DESIGNER

ORIGINAL DATE

WAYFINDING PROGRAM

REVISIONS

CATHEDRAL CITY WAYFINDING
C.02 - DATE PALM DR & PEREZ RD

FRONT ELEVATION DETAIL
SCALE: 1/2"=1'-0"

FRONT BACK
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
6" 7"

PRISMATIC POWDERS

RED CLAY

PRISMATIC POWDERS
CREAM

LOGOS AND IMAGES

DIRECT PRINTED
4'-0"
4'-0"
6'-0"
5'-2"
8"
1'-7"
6'-8"
4'-3"
7'-2"

FACE PAINTED TO MATCH

PRISMATIC POWDERS
CREAM

POLE POWDER COATED

PRISMATIC POWDERS

RED CLAY

BACKER PAINTED TO MATCH

PRISMATIC POWDERS

RED CLAY
08 /hyphen.cap 29 /hyphen.cap 25
09 /hyphen.cap 1 7 /hyphen.cap 25
09 /hyphen.cap 29 /hyphen.cap 25
3/8" = 1' /hyphen.cap 0"
Signature Date

CLIENT APPROVAL

AS IS WITH REVISION(S)
ART FILE IS PROD.-READY
SCALE
FILE NAME (GD-5)

YOUR SIGNATURE INDICATES FINAL APPROVAL OF THIS

DESIGN, RELEASING MSI FROM RESPONSIBILITY OF
INCORRECT INFORMATION.

THIS IS AN ORIGINAL MSI DESIGN. ALL RIGHTS TO USE

OR REPRODUCE IN WHOLE OR IN PART, IN ANY FORM

OR TO FABRICATE OR PRODUCE ANY LIKENESS THEREOF
SHALL REMAIN THE EXCLUSIVE RIGHT OF MSI.

COLORS SHOWN ARE NOT TRUE MATCHES TO FINAL
PRODUCT. FOR EXACT COLOR MATCH, REFER TO
ACTUAL MATERIALS BEING USED. ©
• SIGN FACE /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS, VINYL FACE, PAINTED FINISH ON BACK, GRAFFITI LAM • SIGN BACK PANEL /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS ON BOTTOM, PAINTED FINISH, GRAFFITI LAM • COPY & ARROWS/endash.cap 6" CAP HT. VINYL LETTERING & 7" VINYL ARROW APPLIED TO SIGN FACE • LOGO/endash.cap LOGO PAINTED ON ALUMINUM SURFACE
• INSTALL/endash.cap POSTS WILL HAVE A POWDER COATED ALUMINUM SLEEVE PLACED OVER THEM AND BOLTED TO THE EXISTING BASE, NEW SIGN FACES ATTACHED • FONT/endash.cap MONTSERRAT /parenleft.capSEMI/hyphen.capBOLD/parenright.cap WAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap FOUNTAIN & BALOONWAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap FOUNTAIN & BALOON

PROJECT
CLIENT
JDO#/JPO#
MO#
AE

DESIGNER

ORIGINAL DATE

WAYFINDING PROGRAM

REVISIONS

CATHEDRAL CITY WAYFINDING
C.02 - DATE PALM DR & PEREZ RD

FRONT ELEVATION DETAIL
SCALE: 1/2"=1'-0"

FRONT BACK
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
6" 7"

PRISMATIC POWDERS

RED CLAY

PRISMATIC POWDERS
CREAM

LOGOS AND IMAGES

DIRECT PRINTED
4'-0"
4'-0"
6'-0"
5'-2"
8"
1'-7"
6'-8"
4'-3"
7'-2"

FACE PAINTED TO MATCH

PRISMATIC POWDERS
CREAM

POLE POWDER COATED

PRISMATIC POWDERS

RED CLAY

BACKER PAINTED TO MATCH

PRISMATIC POWDERS

RED CLAY
08 /hyphen.cap 29 /hyphen.cap 25
09 /hyphen.cap 1 7 /hyphen.cap 25
09 /hyphen.cap 29 /hyphen.cap 25
3/8" = 1' /hyphen.cap 0"
Signature Date

CLIENT APPROVAL

AS IS WITH REVISION(S)
ART FILE IS PROD.-READY
SCALE
FILE NAME (GD-5)

YOUR SIGNATURE INDICATES FINAL APPROVAL OF THIS

DESIGN, RELEASING MSI FROM RESPONSIBILITY OF
INCORRECT INFORMATION.

THIS IS AN ORIGINAL MSI DESIGN. ALL RIGHTS TO USE

OR REPRODUCE IN WHOLE OR IN PART, IN ANY FORM

OR TO FABRICATE OR PRODUCE ANY LIKENESS THEREOF
SHALL REMAIN THE EXCLUSIVE RIGHT OF MSI.

COLORS SHOWN ARE NOT TRUE MATCHES TO FINAL
PRODUCT. FOR EXACT COLOR MATCH, REFER TO
ACTUAL MATERIALS BEING USED. ©
• SIGN FACE /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS, VINYL FACE, PAINTED FINISH ON BACK, GRAFFITI LAM • SIGN BACK PANEL /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS ON BOTTOM, PAINTED FINISH, GRAFFITI LAM • COPY & ARROWS/endash.cap 6" CAP HT. VINYL LETTERING & 7" VINYL ARROW APPLIED TO SIGN FACE • LOGO/endash.cap LOGO PAINTED ON ALUMINUM SURFACE
• INSTALL/endash.cap POSTS WILL HAVE A POWDER COATED ALUMINUM SLEEVE PLACED OVER THEM AND BOLTED TO THE EXISTING BASE, NEW SIGN FACES ATTACHED • FONT/endash.cap MONTSERRAT /parenleft.capSEMI/hyphen.capBOLD/parenright.cap WAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap FOLK DANCERSWAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap FOLK DANCERS

PROJECT
CLIENT
JDO#/JPO#
MO#
AE

DESIGNER

ORIGINAL DATE

WAYFINDING PROGRAM

REVISIONS

CATHEDRAL CITY WAYFINDING
C.02 - DATE PALM DR & PEREZ RD

FRONT ELEVATION DETAIL
SCALE: 1/2"=1'-0"

FRONT BACK
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
6" 7"

PRISMATIC POWDERS

RED CLAY

PRISMATIC POWDERS
CREAM

LOGOS AND IMAGES

DIRECT PRINTED
4'-0"
4'-0"
6'-0"
5'-2"
8"
1'-7"
6'-8"
4'-3"
7'-2"

FACE PAINTED TO MATCH

PRISMATIC POWDERS
CREAM

POLE POWDER COATED

PRISMATIC POWDERS

RED CLAY

BACKER PAINTED TO MATCH

PRISMATIC POWDERS

RED CLAY
08 /hyphen.cap 29 /hyphen.cap 25
09 /hyphen.cap 1 7 /hyphen.cap 25
09 /hyphen.cap 29 /hyphen.cap 25
3/8" = 1' /hyphen.cap 0"
Signature Date

CLIENT APPROVAL

AS IS WITH REVISION(S)
ART FILE IS PROD.-READY
SCALE
FILE NAME (GD-5)

YOUR SIGNATURE INDICATES FINAL APPROVAL OF THIS

DESIGN, RELEASING MSI FROM RESPONSIBILITY OF
INCORRECT INFORMATION.

THIS IS AN ORIGINAL MSI DESIGN. ALL RIGHTS TO USE

OR REPRODUCE IN WHOLE OR IN PART, IN ANY FORM

OR TO FABRICATE OR PRODUCE ANY LIKENESS THEREOF
SHALL REMAIN THE EXCLUSIVE RIGHT OF MSI.

COLORS SHOWN ARE NOT TRUE MATCHES TO FINAL
PRODUCT. FOR EXACT COLOR MATCH, REFER TO
ACTUAL MATERIALS BEING USED. ©
• SIGN FACE /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS, VINYL FACE, PAINTED FINISH ON BACK, GRAFFITI LAM • SIGN BACK PANEL /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS ON BOTTOM, PAINTED FINISH, GRAFFITI LAM • COPY & ARROWS/endash.cap 6" CAP HT. VINYL LETTERING & 7" VINYL ARROW APPLIED TO SIGN FACE • LOGO/endash.cap LOGO PAINTED ON ALUMINUM SURFACE
• INSTALL/endash.cap POSTS WILL HAVE A POWDER COATED ALUMINUM SLEEVE PLACED OVER THEM AND BOLTED TO THE EXISTING BASE, NEW SIGN FACES ATTACHED • FONT/endash.cap MONTSERRAT /parenleft.capSEMI/hyphen.capBOLD/parenright.cap WAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap FOUNTAINWAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap FOUNTAIN

PROJECT
CLIENT
JDO#/JPO#
MO#
AE

DESIGNER

ORIGINAL DATE

WAYFINDING PROGRAM

REVISIONS

CATHEDRAL CITY WAYFINDING
C.02 - DATE PALM DR & PEREZ RD

FRONT ELEVATION DETAIL
SCALE: 1/2"=1'-0"

FRONT BACK
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
6" 7"

PRISMATIC POWDERS

RED CLAY

PRISMATIC POWDERS
CREAM

LOGOS AND IMAGES

DIRECT PRINTED
4'-0"
4'-0"
6'-0"
5'-2"
8"
1'-7"
6'-8"
4'-3"
7'-2"

FACE PAINTED TO MATCH

PRISMATIC POWDERS
CREAM

POLE POWDER COATED

PRISMATIC POWDERS

RED CLAY

BACKER PAINTED TO MATCH

PRISMATIC POWDERS

RED CLAY
08 /hyphen.cap 29 /hyphen.cap 25
09 /hyphen.cap 1 7 /hyphen.cap 25
09 /hyphen.cap 29 /hyphen.cap 25
3/8" = 1' /hyphen.cap 0"
Signature Date

CLIENT APPROVAL

AS IS WITH REVISION(S)
ART FILE IS PROD.-READY
SCALE
FILE NAME (GD-5)

YOUR SIGNATURE INDICATES FINAL APPROVAL OF THIS

DESIGN, RELEASING MSI FROM RESPONSIBILITY OF
INCORRECT INFORMATION.

THIS IS AN ORIGINAL MSI DESIGN. ALL RIGHTS TO USE

OR REPRODUCE IN WHOLE OR IN PART, IN ANY FORM

OR TO FABRICATE OR PRODUCE ANY LIKENESS THEREOF
SHALL REMAIN THE EXCLUSIVE RIGHT OF MSI.

COLORS SHOWN ARE NOT TRUE MATCHES TO FINAL
PRODUCT. FOR EXACT COLOR MATCH, REFER TO
ACTUAL MATERIALS BEING USED. ©
• SIGN FACE /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS, VINYL FACE, PAINTED FINISH ON BACK, GRAFFITI LAM • SIGN BACK PANEL /endash.cap 1/8" THK ALUMINUM PANEL, SMOOTH EDGES, 3/4" RADIUS CORNERS ON BOTTOM, PAINTED FINISH, GRAFFITI LAM • COPY & ARROWS/endash.cap 6" CAP HT. VINYL LETTERING & 7" VINYL ARROW APPLIED TO SIGN FACE • LOGO/endash.cap LOGO PAINTED ON ALUMINUM SURFACE
• INSTALL/endash.cap POSTS WILL HAVE A POWDER COATED ALUMINUM SLEEVE PLACED OVER THEM AND BOLTED TO THE EXISTING BASE, NEW SIGN FACES ATTACHED • FONT/endash.cap MONTSERRAT /parenleft.capSEMI/hyphen.capBOLD/parenright.cap WAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap STATUEWAYFINDING SIGNS /hyphen.cap OPT 1B /hyphen.cap STATUE

PROJECT
CLIENT
JDO#/JPO#
MO#
AE

DESIGNER

ORIGINAL DATE

WAYFINDING PROGRAM

REVISIONS

CATHEDRAL CITY WAYFINDING
C.02 - DATE PALM DR & PEREZ RD

FRONT ELEVATION DETAIL
SCALE: 1/2"=1'-0"

FRONT BACK
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
City Hall
Senior Center
Cathedral
Cove Center
Mary Pickford
Theater
6" 7"

PRISMATIC POWDERS

RED CLAY

PRISMATIC POWDERS
CREAM

LOGOS AND IMAGES

DIRECT PRINTED
4'-0"
4'-0"
6'-0"
5'-2"
8"
1'-7"
6'-8"
4'-3"
7'-2"

FACE PAINTED TO MATCH

PRISMATIC POWDERS
CREAM

POLE POWDER COATED

PRISMATIC POWDERS

RED CLAY

BACKER PAINTED TO MATCH

PRISMATIC POWDERS

RED CLAY

MATCH LINE

MATCH LINE
RAMON RD.

PEREZ RD.

DINAH SHORE DR.

RAMON RD.

MATCH LINE

MATCH LINE
PALM CANYON DR.

Town Square
LEGEND
Primary Routes
City Boundary
City Entry Point
Existing Sculptural Monument

SIGN TYPES
A
B
C
D
E
F
Gateway Identification
Post-Mounted Gateway
Vehicular Directional
Vehicular Directional (Median)
(Not shown)
Pedestrian Directory
NORTH
B.09
B.02
B.04
C.01
C.13
C.14
C.19
C.17
C.15
C.20
C.07
C.04
C.05
C.02
D.03
D.05
C.06
C.16
C.21
A.01
C.03
D.04
B.01
B.03
A.02
B.05
C.18
D.01
F.03
F.01
F.02
B.07
D.02
Staff Report
City Council
Item No. 3.A
Meeting Date: October 6, 2025
From: Anne Ambrose, Interim City Manager
Title: Public Employee Appointment Pursuant to Government Code section 54957(b)
One (1) position: Title: City Manager

CITY COUNCIL

MINUTES
Study Session 3:00 PM
Regular Meeting 5:30 PM
Wednesday, September 24, 2025
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

CALL TO ORDER
Mayor Nancy Ross called the Study Session portion of the meeting to order at 2:59 p.m.

ROLL CALL
Council Present:

Nancy Ross, Mayor
Raymond Gregory, Mayor Pro Tem
Ernesto Gutierrez, Councilmember
Rita Lamb, Councilmember
Mark Carnevale, Councilmember
Councilmember Ernesto Gutierrez arrived at 3:00 p.m. after roll call.

AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENTS
Robert McCormick discussed a letter he submitted to the City Council.

2. STUDY SESSION
A. Riverside County Animal Control Field and Shelter Services Contract Recommendation: This is for review and discussion only.

At a subsequent meeting, approve a three-year contract with Riverside County Department of Animal Services for Field and Shelter Service (Option #1 or #2).

Commander Nate Hanley provided an overview of the Riverside County Animal Control Field and Shelter Services Contract for review and discussion.

The following points were presented:

Background
Historical Data
Current Contract Considerations
oFull Time
oPart Time
Fiscal Impact
Recommendation
The City Council asked clarifying questions, which were responded to by staff.

Direction was provided to staff to bring back a three-year contract for part-time (50%) field and shelter services with Riverside County Department of Animal Services for consideration. Staff was directed to monitor relevant data and evaluate service options over the next six months, and to provide an update on the results to the City Council at a future meeting.

B. Regulations for the Operation of Food Trucks within Cathedral City Recommendation: To direct staff to introduce an ordinance for 1st reading for the adoption of an uncodified ordinance implementing a temporary food truck pilot program on private property.

Justin Gardiner, Code Compliance Manager, provided an overview on a proposed 18 month pilot program related to the operation of food trucks on private property. The following points were presented:
Background
Complaint Data
Health and Safety
Changes Across the Coachella Valley
Proposed Pilot Program
Recommendation
Eri Nox, provided feedback and recommended modifications for consideration.

The following comment was received for the record:

Danny Lee provided suggestions related to the proposed food truck regulations.

The City Council asked clarifying questions, which were responded to by staff.

Following discussion, the Council directed staff to prepare a draft ordinance that incorporates the feedback provided by Councilmembers for consideration at a future meeting.

3. CLOSED SESSION
A. Public Employee Appointment Pursuant to Government Code section 54957(b)
One (1) position:

Title: City Manager
Recommendation: There is no Staff Recommendation.

B. Conference With Legal Counsel – Initiation of Litigation Pursuant to Government Code section 54956.9(d)(4)
Matters: One (1)
Receivership regarding 68460 Estio Rd, Cathedral City, CA 92234 Recommendation: There is no Staff Recommendation.

City Attorney Eric Vail announced that the City Council will meet in Closed session to discuss the items listed on the agenda.

The City Council recessed to Closed Session at 4:31 p.m.

The City Council reconvened the Regular meeting at 5:30 p.m.

City Attorney Eric Vail reported that the Council met in Closed Session to discuss the items listed on the agenda, he reported the following:
Item 3A. There was no reportable action.
Item 3B. Direction was provided to the City Attorney’s office, and there was no other reportable action.

REGULAR MEETING - 5:30 PM

CALL TO ORDER
Mayor Nancy Ross called the Regular Meeting to order at 5:38 p.m.

PLEDGE OF ALLEGIANCE
Councilmember Rita Lamb led the Pledge of Allegiance.

INVOCATION (MOMENT OF REFLECTION)
Councilmember Mark Carnevale offered the Invocation.

ROLL CALL
Council Present:

Nancy Ross, Mayor
Raymond Gregory, Mayor Pro Tem
Ernesto Gutierrez, Councilmember
Rita Lamb, Councilmember
Mark Carnevale, Councilmember

AGENDA FINALIZATION
There were no changes to the agenda.

1. SPECIAL PRESENTATION
A. Special Recognition – Cathedral City Police Department Employees Recommendation: This is a Special Presentation only.

The City Council presented members of the Police Department with a certificate of recognition for their work on a recent case.

B. Award Presentation – APWA CV 2025 Project Merit Award Winners:

Recreational and Athletic Facilities Category: Esperanza Park, City of Cathedral City
Traffic, Mobility, and Beautification Category: The Downtown Cathedral City Connectors: Gap Closure and Compete Streets project (ATP Cycle 5)
Recommendation: This is a Special Presentation only.

Andres Perez, Assistant Engineer, presented the City Council with the American Public Works Association Coachella Valley Chapter 2025 Project Merit Award for Esperanza Park.

Andrew Lee, Assistant Engineer, presented the City Council with the American Public Works Association Coachella Valley Chapter 2025 Project Merit Award for the Downtown Cathedral City Connectors: Gap Closure and Compete Streets Project ATP Cycle 5.

2. PUBLIC COMMENTS
Micheal Torres, on behalf of the Palm Spring Police Officers Association, requested a sponsorship for their 9th Annual Memorial Ride.

3. COUNCIL REPORTS
Councilmember Mark Carnevale reported on the following:
His meeting with Stacey Stevenson related to the City Manager recruitment His meeting with Interim City Manager Ambrose and Director Firestine His attendance at the All Valley Mayors, County and Tribal Chairpersons Luncheon
His attendance at the Ribbon Cutting for Chipotle
The upcoming Ribbon Cutting for Starbucks
The upcoming Ribbon Cutting for Super Cuts
His meeting with Mario Gonzalez, a developer, to discuss a new development project
His attendance at the Fire Department’s Badge Pinning Ceremony His attendance at former City Manager Charles McClendon’s retirement event Councilmember Ernesto Gutierrez reported on the following:
His attendance at the Coachella Valley Association of Governments Conservation Meeting
He wished Councilmember Carnevale a Happy Birthday
His attendance at former City Manager Charles McClendon’s retirement celebration
The upcoming Ribbon Cutting for Koffi
The upcoming Parks and Community Events Commission 2x2 Subcommittee meeting
The upcoming Walk to School Day
The upcoming Ribbon Cutting for Starbucks
He asked everyone to pray for the family of Charlie Kirk Councilmember Rita Lamb reported on the following:
She acknowledged staff from the Police Department, Engineering Department and Economic Development Department
Her attendance at the Valley Wide Employment Expo
Her attendance at the Hispanic Heritage event
Staff’s outreach to residents related to their desires for a future community center Her attendance at two International Day of Peace events Mayor Pro Tem Raymond Gregory reported on the following:
His attendance at the Mobility 21 Summit
His attendance at the Ribbon Cutting for Chipotle
His attendance at former City Manager Charles McClendon’s retirement celebration
His attendance at the Hispanic Heritage event
His attendance at a Human Rights Campaign event
The upcoming Special City Council meeting on Monday October 6, 2025 Mayor Nancy Ross discussed the issue of homelessness in the community.

4. CONSENT AGENDA
A. Waive Full Reading of Ordinances on Agenda
Recommendation: Waive Full Reading of Ordinances on Agenda M.O. 2025-164
B. Commissioner/Committee Member Attendance Record
Recommendation: Receive and File
M.O. 2025-165
C. Approve the September 10, 2025, Study Session and Regular City Council Meeting.

Recommendation: Approve the September 10, 2025, Study Session and Regular City Council Meeting Minutes.

M.O. 2025-166
D. Administrative Amendment to the CDBG FY 2023-24 Annual Action Plan Recommendation: To approve an administrative amendment to the city’s FY 2023-24 Community Development Block Grant Annual Action Plan to reallocate $43,124.76 in unused funds from the Via De Anza Street Improvement Phase III project to the Whitewater Neighborhood Road Improvement Phase II project; and authorize the City Engineer to execute the administrative amendment for submission to the U.S. Department of Housing and Urban Development.

M.O. 2025-167
E. Budget of $5,000 for the Inaugural Cathedral City Festival of the Arts Event in the Cathedral City Community Amphitheater.

Recommendation: To approve a not-to-exceed budget of $5,000 for the inaugural Cathedral City Festival of the Arts event as recommended by the Public Arts Commission.

M.O. 2025-168
A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to approve the consent agenda.

RESULT: PASS
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Mark Carnevale, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Carnevale

5. PUBLIC HEARINGS
A. Ordinance Amending Chapters 3.48, 5.88, 9.108, and 13.240 and Section

9.30.030 of the Cathedral City Municipal Code to Update the Cannabis Tax, Cannabis Licensing and Zoning Regulations, and Enforcement Provisions
Recommendation: Find that the Zoning Ordinance Amendment 25-0004 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) and introduce an ordinance amending Chapters 3.48,

5.88, 9.108, and 13.240 and Section 9.30.030 of the Cathedral City Municipal Code to substantially update the cannabis tax, cannabis licensing and zoning regulations, and enforcement provisions.

A motion was made by Councilmember Ernesto Gutierrez to continue the item to a date uncertain. The motion failed due to lack of a second.

Andrew Firestine, Director of Community and Economic Development, provided a presentation on the proposed Ordinance amending chapters in the Municipal Code updating the Cannabis Tax, Cannabis Licensing and Zoning Regulations, and Enforcement Provisions.

The City Council asked clarifying questions, which were responded to by staff.

Mayor Nancy Ross opened the Public Hearing to receive public comments.

April Dominguez expressed her concern related to the proposed ordinance.

Maria Velasquez expressed her support for the C4 facility.

Gustavo Ramirez expressed his support for the cannabis industry.

Luis Castro expressed his concern related to the proposed ordinance.

Megan Peterson provided her perspective on the cannabis odor.

Angel Virgen feels cannabis odor does not do harm.

Aaron Chambers discussed the City and the C4 facility.

Herbert Porras expressed concern related to the proposed ordinance.

Abraham Reyes expressed support for the C4 facility.

Will Mendelson expressed support for the C4 facility.

Roger Laltoo expressed concern related to the proposed ordinance.

Karen Lustman discussed the C4 facility and culture.

Anthony Fricke expressed concern related to the proposed ordinance.

Melanie Porras expressed concern related to the proposed ordinance.

Jose Aceves expressed concern related to the proposed ordinance.

Lewis Lustman feels progress has been made regarding odor at the C4 facility and he provided suggestions for Council to consider.

Kevin Spring thanked staff for their efforts. He discussed his business and odor mitigation efforts.

Jose Macz expressed concern related to the proposed ordinance.

David Bernard expressed concern related to the proposed ordinance.

Michelle Long expressed concern related to the proposed ordinance.

Melissa Fox expressed concern related to the proposed ordinance.

Michael Crow expressed support of the cannabis industry and the C4 facility.

Michael McGloin expressed support for the C4 facility.

The following written comment was received for the record:

Trevor Hamelehle expressed his concern related to the proposed ordinance.

Mayor Nancy Ross closed the Public Hearing and returned discussion to the Council.

Discussion comprised of various proposed regulations, including the "three- strike" rule, references to misdemeanors, and the inclusion of limitations on the size of cultivation facilities. Following discussion, the City Council expressed support for the recommendation to remove limits on the maximum size of cannabis cultivation facilities to 22,000 square feet of canopy area.

A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Gutierrez to find that Zoning Ordinance Amendment 25- 0004 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) and introduce an ordinance, by title only, amending Chapters 3.48, 5.88, 9.108, and 13.240 and Section 9.30.030 of the Cathedral City Municipal Code to substantially update the cannabis tax, cannabis licensing and zoning regulations, and enforcement provisions, with the removal of the restriction limiting the maximum size of cannabis cultivation facilities to 22,000 square feet of canopy area.

RESULT: PASS
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Carnevale
The City Council took a brief recess at 8:44 p.m.

The City Council reconvened at 8:57 p.m.

6. LEGISLATIVE ACTIONS
A. Adoption of the Updated Cathedral City Local Hazard Mitigation Plan (LHMP)
Recommendation: To adopt the updated Cathedral City Local Hazard Mitigation Plan. This adoption aligns with state and federal requirements for formally adopting hazard mitigation plans.

Reso 2025-27
A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Lamb to adopt the updated Cathedral City Local Hazard Mitigation Plan.

RESULT: PASS
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Rita Lamb, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Carnevale
B. 2025 Arts in California Parks - Implementation Grant Award Recommendation: To accept the 2025 Arts in California Parks - Implementation Grant in the amount of $98,167.00 and authorize the City Manager or designee to execute the grant agreement.

M.O. 2025-170
A motion was made by Councilmember Lamb and seconded
by Councilmember Gutierrez to approve the 2025 Arts in California Parks - Implementation Grant in the amount of $98,167.00 and authorize the City Manager or designee to execute the grant agreement.

RESULT: PASS
MOVER: Rita Lamb, Councilmember
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Carnevale

7. DISCUSSION ON FUTURE AGENDA ITEMS
It was the consensus of the City Council to agendize an item on a future Agenda to discuss various projects that are funded by other sources that were not previously discussed during the approval of the biennial budget.

8. CLOSED SESSION

ADJOURNMENT
Mayor Nancy Ross adjourned the meeting at 9:24 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City                     
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                      
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NAME 8/6 8/20 9/3 10/1 10/15 11/5 11/19 12/3 12/17 1/7 1/21 2/4 2/18 3/4 3/18 4/1 4/15 5/6 5/20 6/3 6/17 Roy MacPhail
Rich Malacoff
Peter Bedard
Danny Lee
Danielle Mead
NAME 9/9 10/14 11/11 12/9 1/13 2/10 3/10 4/14 5/12 6/9
Kara Robinson
Gregory Marks
Don Stouder
Rick Travis
Craig Liebelt
NAME 9/2 10/7 11/4 12/2 1/6 2/3 3/3 4/7 5/5 6/2
Ashley McGallum
Erin Hyland
Angel Herrera
Mario Jimenez
Antonio Baciu
NAME 7/15 8/19 9/16 10/21 11/18 12/16 1/20 2/17 3/17 4/21 5/19 6/16 Alexandra Heckman
Partick Evans
Charlotte Hunter-Copper
John Rivera
Eri Nox
NAME 7/2 7/16 8/6 9/3 9/17 10/1 10/15 11/5 11/19 12/3 12/17 1/7 1/21 2/4 2/18 3/4 3/18 4/1 4/15 5/6 5/20 6/3 6/17 Tanner Hoss
Dean Keefer
Stephen Burchard
John Rivera
Mitchell King
NAME 9/22 TBD % Attended
Antonio Baciu
Rick Saldivar
Danny Lee
Teri Hargreaves
David Leach
10%
COMMISSION/COMMITTEE ATTENDANCE LOG FY 2025/2026

PLANNING COMMISSION
% Attended
14%
14%
14%
14%
14%

PUBLIC ARTS COMMISSION
% Attended
10%
% Attended
10%
10%
10%

PARKS AND COMMUNITY EVENTS COMMISSION
% Attended
10%
10%
10%
10%
10%

HISTORIC PRESERVATION
22%
25%
17%
17%
25%
25%

ARCHITECTURAL REVIEW COMMITTEE
% Attended
13%
22%
17%
22%
Excused Absence
Unexcused Absence

FINANCE ADVISORY COMMITTEE
NOTES:

Canceled meetings not shown
Special Meeting
Inactive
50%
50%
50%
50%
0%
Staff Report
City Council
Item No. 4.D
Meeting Date: October 6, 2025
From: George Crum, Chief of Police
Title: Riverside County Animal Control Field and Shelter Service Contract RECOMMENDATION:

Staff recommends the City Council approve a three-year contract with Riverside County Department of Animal Services for field and shelter service on a part-time basis and approve a budget adjustment in the amount of $72,540.00 in FY 2025-2026 and $147,211.00 in FY 2026-2027. Staff also recommends City Council authorize the Interim City Manager to execute the contract between the City of Cathedral City and Riverside County Department of Animal Services.

BACKGROUND:

The City of Cathedral City has contracted Animal Control Field and Shelter Services through the Riverside County Department of Animal Services since FY 2005. At the September 24, 2025, study session meeting, City Council provided direction to staff to bring forward for approval a three-year animal control contract on a part-time basis which will include fiscal year 2025-2026, FY 2026-2027 and FY 2027-2028. Additionally, the City Council directed staff to establish a working group to monitor and continue to evaluate other options for sheltering services.

DISCUSSION:

The City is currently contracting with Riverside County Department of Animal Services for one part-time animal control officer for 20 hours of field service work, deployed Monday- Friday 8am to 12pm. In this new three-year part-time contract, the Animal Control Officer will work M-F from 8:00am -12:00pm to include a 30-minute break. Any hours before or after these contracted hours, to include holidays and weekends, is billed at an overtime rate with a minimum of two hours callout pay at $206.03/hour for the period July 2025 to December 2025. The overtime rate increases to $216.33/hour for the period January 2026 to June 2026. This contract has a requirement to host one (1) Spay and Neuter Clinic and one (1) Vaccine and Licensing Clinic per contract year. The cost for each clinic is $3,500.00. If the city chooses to host their own clinics, there will be no cost charged from the county. The annual service costs for the three-years of the contract are as follows:

Contract Services FY 2025/26 FY 2026/27 FY 2027/28
Field Services (1/2 time) $ 146,980.00 $ 158,093.00 $ 165,998.00 Shelter Services $ 313,360.00 $ 396,658.00 $ 452,190.00 Spay/Neuter Clinic (1 per yr) $ 3,500.00 $ 3,500.00 $ 3,500.00 Vaccine/License Clinic
(1 per yr) $ 3,500.00 $ 3,500.00 $ 3,500.00 Total $ 467,340.00 $ 561,751.00 $ 625,188.00 Budgeted $ 394,800.00 $ 414,540.00 *Next Budget
Difference $ (72,540.00) $ (147,211.00)
FISCAL IMPACT:

In the adopted biennial budget, the Council approved a budget of $395,800 for FY 2025/26 and $414,540 for FY 2026/27. With the estimated 20% increase in the cost of services, staff is seeking authorization for adjustment in the amount of $72,540 for FY 2025/26 and $147,211 for FY 2026/27 to cover the increased cost of field and shelter services. Costs for the contract in FY 2027/28 will be incorporated into the next budget.

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2025-2026 Animal Control
Services
100-300-310-
317-8600-8601 N/A $ 72,540.00 Ongoing
2026-2027 Animal Control
Services
100-300-310-
317-8600-8601 N/A $147,211.00 Ongoing
FIVE-YEAR STRATEGIC PLAN:

E-13 Review our animal control contract and options
ATTACHMENTS:

1. Three-year animal control contract.

Staff Report
City Council
Item No. 4.E
Meeting Date: October 6, 2025
From: Tracey Hermosillo, City Clerk
Title: Accept the Resignation of Charlotte Hunter-Copper, PhD., from the Historic Preservation Committee
RECOMMENDATION:

To accept the resignation of Charlotte Hunter-Copper, PhD., from the Historic Preservation Committee, effective immediately, and direct staff to move forward with filling the vacant seat.

BACKGROUND:

Charlotte Hunter-Copper, PhD., was appointed to serve on the Historic Preservation Committee on June 16, 2021, and reappointed on June 26, 2024, by Councilmember Mark Carnevale, District 3.

DISCUSSION:

On September 19, 2025, staff received an email from Charlotte Hunter-Copper, PhD., submitting her resignation from the Historic Preservation Committee effective immediately.

With the resignation of Ms. Hunter-Copper, the Historic Preservation Committee will have one vacancy with a term continuing through June 30, 2027.

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

FISCAL IMPACT:

There is no fiscal impact with this item.

FIVE-YEAR STRATEGIC PLAN:

Not applicable.

ATTACHMENTS:

1. Resignation Email from Charlotte Hunter-Copper, PhD. 1 2
9 4
9 From: Charlotte Hunter-Copper Ph.D.

Sent: Friday, September 19, 2025 5:33 PM
To: Nancy Ross <[email protected]>; Rita Lamb <[email protected]>; Mark Carnevale <[email protected]>
Cc: Christina Burton <[email protected]>; [email protected]; [email protected]; Cynthia Schultz <[email protected]> Subject: Resignation
Importance: High
Firstly, I want to thank Nancy, Rita, and Mark for their support to the Historic Preservation Committee during the three years I've been on the committee. Secondly, I want to thank you for your faith in me. Unfortunately, I no longer feel my 30 plus years in Historic Preservation are of any use to the committee as it has changed drastically since Cynthia took the lead. While I appreciate what she is doing, it is not what I understood this committee's mission to be. My understanding was the Historic Preservation Committee as it was established by Ordinance on January 9, 2019 that we would review projects for compliance with applicable provisions of the code related to the preservation of historic resources and make recommendation to the City Council and Planning Commission, as appropriate, related to the approval of projects involving historic resources and the adoption of regulations aimed at preserving historic resources.

Cynthia's plan relegates "regulations aimed at preserving historic resources" to be the least important task of the Historic Preservation Committee. My experience is not needed to discuss and plan for walking tours, grants to the Historical Society, etc. In my opinion, those are History not Historic Preservation. So, it is with regret, I find I am no longer needed on this Committee. I resign.

Sincerely,
Charlotte Hunter-Copper, PhD
You don't often get email from. Learn why this is important Staff Report
City Council
Item No. 6.A
Meeting Date: October 6, 2025
From: John A. Corella, Director Public Works
Title: Construction Contract Award to Vance Corporation for the Panorama Neighborhood Streets, Corta Road, and Alcita Road Pavement Rehabilitation Projects (C02605 & C02606)
RECOMMENDATION:

To award a construction contract to Vance Corporation in the amount of $919,715.40 for the Panorama Neighborhood Streets Pavement Rehabilitation Project (C02605), and Corta Road and Alcita Road Pavement Rehabilitation Project (C02606); and, approve a twenty percent (20%) contingency in the amount of $183,943.08 for unforeseeable construction costs, thereby bringing the total project budget to the amount of $1,103,658.48; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

BACKGROUND:

On November 5, 2024, Cathedral City voters approved Measure W, enacting a local ½-cent transactions and use tax to provide dedicated funding for community priorities. Among its key objectives, the measure addresses long-standing concerns about the condition of neighborhood streets, a need identified through city assessments and community feedback.

Measure W is expected to generate approximately $5 million in annual revenue, with about $1 million (or 20%) specifically allocated to support ongoing residential street maintenance and rehabilitation.

On May 28, 2025, the City Council adopted the FY 2025–2026 and FY 2026–2027 Biennial Budget, which includes the 5-Year Capital Improvement Program (CIP). Measure W funding was identified as an additional source supporting continued investment in neighborhood infrastructure.

In alignment with this commitment, the following street improvement projects have been programmed in the FY 2025–2026 CIP budget to receive Measure W funds:
• Panorama Neighborhood Streets Grinding and REAS (C02605) • Corta and Alcita Road Pavement Reconstruction (C02606) The proposed improvements for the Panorama Neighborhood Streets project include road surface restriping, micro milling, crack sealing, pavement resurfacing on the edges of the road, and the application of Rubberized Emulsion Aggregate Slurry (REAS) on the following streets:
Los Gatos Road, from Val Yermo Trail to Fortuna Road (PCI 59) Panorama Road, from Vista Chino to Avenida Diosa (PCI 50) Durango Road, from Avenida La Paz to Avenida La Vista (PCI 57) Within Assessment District 85-1, proposed improvements include road surface restriping, pavement resurfacing, and adjustments to water facility on the following streets:
Corta Road, from Pauline Avenue to approximately 625 feet east of Landau Boulevard (PCI 58)
Alcita Road, from Avenida Maravilla to the west end (PCI 50) City staff prepared plans, specifications, and cost estimates (PS&E) for both projects in- house, with final documents completed in July 2025.

DISCUSSION:

On August 17, 2025, the city advertised an Invitation to Bid for Bid No. B25-102E, seeking qualified contractors to perform the scope of work described in the plans and specifications for both the Panorama Neighborhood and Corta and Alcita Roads street rehabilitation projects. The bid documents also included an additive alternate for the adjustment (raising or lowering) of Coachella Valley Water District (CVWD) facilities (valve and manhole lids) to match new pavement elevations (costs borne by CVWD).

The bid solicitation was made available to contractors for eighteen (18) calendar days and was advertised in the following locations:
The Desert Sun- Published on August 17, 2025
PlanIt Print Works- From August 15, 2025, until September 4, 2025 City’s Website- From August 15, 2025, until September 4, 2025 On September 4, 2025, the city received seven (7) bid proposals. The following table ranks each qualified bidder by the total bid amount.

RANK CONTRACTOR AMOUNT
1 Vance Corporation – Beaumont, CA $ 919,715.40
2 Hardy & Harper, Inc. – Lake Forest, CA $ 929,449.00 3 Matich Corporation – San Bernardino, CA $ 938,738.00 4 The R.J. Noble Company – Orange, CA $ 945,713.50
5 Onyx Paving Company, Inc. – Anaheim, CA $ 963,000.00 6 Granite Construction Company – Indio, CA $ 1,000,000.00 7 LCR Earthwork & Engineering Corp. – Jurupa Valley, CA $ 1,019,324.90 The bid tabulation prepared by the Engineering Division is attached to this report for reference.

Following bid review, CVWD rejected the cost proposal for the additive alternate submitted by the lowest bidder. Instead, CVWD has elected to complete that work separately using its own on-call contractor during the construction phase. As a result, the city will not include the CVWD-related water facility adjustments in this contract.

Based on the bids received, and taking CVWD’s decision into consideration, the lowest responsive and responsible bidder who yields the lowest contract price is Vance Corporation, from Beaumont, CA.

Engineering staff is recommending the City Council award a construction contract to Vance Corporation in the amount of $919,715.40 for the Panorama Neighborhood Streets Pavement Rehabilitation Project (C02605), and Corta Road and Alcita Road Pavement Rehabilitation Project (C02606); and, approve a twenty percent (20%) contingency in the amount of $183,943.08 for unforeseeable construction costs, thereby bringing the total project budget to the amount of $1,103,658.48; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

All construction work will be performed within the existing public right-of-way. Construction is expected to start in November 2025 and is estimated to be completed by December 2025.

Environmental Analysis
These Projects are categorically excluded under the National Environmental Policy Act (NEPA) process for federally funded projects per 24CFR58.35 (a)(1) and Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15301 for “Existing Facilities”.

FISCAL IMPACT:

FY 2025-2026 Capital Improvement Program (CIP) Budget
The FY 2025–2026 Capital Improvement Program includes two street improvement projects with a combined estimated construction cost of $1,325,000.00, as shown below:
Panorama Neighborhood Grinding and REAS (Project No. C02605) oEstimated Construction Cost: $490,000.00
oFunding Source: Measure W
Corta and Alcita Road Pavement Reconstruction (Project No. C02606) oEstimated Construction Cost: $835,000.00
oFunding Sources: Measure W ($510,000.00) and Measure A ($325,000.00) The combined estimated construction cost for both projects, as programmed in the CIP, is as follows:

Panorama Neighborhood Streets $ 490,000.00
Corta Road and Alcita Road $ 835,000.00
Combined Estimated Construction Cost $ 1,325,000.00
Construction Bid and Budget
The city received a combined base bid of $919,715.40 from Vance Corporation for both projects. The base bid amounts by project are as follows:

Panorama Neighborhood Streets (C02605) $ 533,076.22
Corta Road and Alcita Road (C02606) $ 386,639.18
Total Base Bid $ 919,715.40
Staff recommend a 20% contingency in the amount of $183,943.08, to account for potential unforeseen construction costs, thereby bringing the total construction budget to $1,103,658.48, as shown below:

Vance Corporation Base Bid $ 919,715.40
20% Contingency $ 183,943.08
Total Construction Budget $ 1,103,658.48
Note: The total base bid amount is lower than the estimated construction cost that was programmed in the FY 2025-26 Capital Improvement Program (CIP) Budget.

Proposed Funding Sources
Staff propose funding the construction budget through the following funding sources as detailed below:
a. The base bid for the Panorama Neighborhood Streets Project (C02605) is $533,076.22. It will be funded with $498,076.22 from Measure W and $35,000 from Assessment District (AD) 88-3 funds.

AD 88-3 funds can only be used in the Panorama Neighborhood area. Staff recommend using $35,000 from AD 88-3 to supplement Measure W funding. This approach helps preserve flexible funds such as Measure W and Measure A for future projects in other areas of the city.

Assessment District 88-3 Funds $ 35,000.00
Measure W $498,076.22
Panorama Neighborhood Streets Project $533,076.22
b. The Corta Road and Alcita Road Project (C02606) has a base bid cost of $386,639.18, which will be fully funded by Measure W.

Measure W $386,639.18
Corta Road and Alcita Road Project $386,639.18
c. The 20% construction contingency, totaling $183,943.48, will be funded through Measure A.

Measure A $183,943.08
Total Contingency (20%) $183,943.08
Based on the proposed funding sources, the total construction budget of $1,103,658.48 is supported without requiring any additional appropriations beyond those identified in the FY 2025–2026 CIP.

Measure W will fund most of the construction costs with a total amount of $884,715.40 (made up of $498,076.22 and $386,639.18).

Measure A will fund the full contingency amount of $183,943.48.

Additionally, AD 88-3 funds in the amount of $35,000.00, will supplement the Panorama Neighborhood Streets project thereby reducing the allocation from Measure W.

The following table summarizes the budget allocations for the construction of the projects.

FISCAL

YEAR DESCRIPTION

GENERAL
LEDGER

ACCOUNT
CODES

PROJECT

CODE AMOUNT ONE TIME ON
GOING
2025-2026 Assessment
District 88-3
347-100-150-
156-8800-8802 C02605 $35,000.00 One Time
2025-2026 Measure W 151-100-150-
156-8800-8802 C02605 $498,076.22 One Time
2025-2026 Measure W 151-100-150-
156-8800-8802 C02606 $386,639.18 One Time
2025-2026
Measure A
(20%
Contingency)
243-100-150-
156-8800-8802
C02605
C02606 $183,943.08 One Time
2025-2026 Total $1,103,658.48
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. PNCA – Contract

2. PNCA – Bid Tabulation

3. PNCA – Vicinity Map
Agreement 1300-5

SECTION 1300

CONTRACT

THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City, and Vance Corporation, herein referred to as, "Contractor."

W I T N E S S E T H:

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

1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for

BID NO. B25-102E
FY 2025-2026

PANORAMA NEIGHBORHOOD STREETS, CORTA ROAD, AND ALCITA ROAD

PAVEMENT REHABILITATION PROJECTS

PANORAMA NEIGHBORHOOD GRINDING AND REAS (C02605)
CORTA ROAD AND ALCITA ROAD PAVEMENT RECONSTRUCTION (C02606)

(the “Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated August 17, 2025 , Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications , Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated September 4, 2025, and any addenda thereto (the “Contract Documents”) all of which shall be considered a part hereof as though fully set herein.

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

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

4. Time is of the essence in Contractor’s performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within thirty-five (35) working days from the date of Notification to Proceed.

5. In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed nine -hundred and nineteen thousand, seven- hundred and fifteen dollars and forty cents ($919,715.40). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.

6. The Contractor, and any subcontractor engaged by Contractor, shall not pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, in violation of this provision (Sections 1770-1777, Labor Code of California).

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

malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.

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

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

11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Prac tice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this Contract.

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

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

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

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

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

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

Agreement 1300-7

18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract.

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

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

21. The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement.

Any use of electronic signatures to execute t his Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand.

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

Agreement 1300-8
I
N WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below "CITY"

CITY OF CATHEDRAL CITY,
a California municipal corporation
By:________________________________ Dated:______________________________ Anne V. Ambrose, Interim City Manager
ATTEST:

D
ated: _____________________________
Tracey R. Hermosillo, City Clerk
AP
PROVED AS TO FORM:

D
ated: _____________________________
Eric S. Vail, City Attorney
“CONTRACTOR”
D
ated: By: _ _______________________________
N ame: ______________________________
Title: _______________________________
D
ated: By: _________________________________
N ame: ________________________________
Title: ________________________________
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
Faithful Performance Bond 1310-1

SECTION 1310

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on October 6, 2025, awarded to Vance Corporation, hereinafter designated as the Principal, a Contract for Bid No. B25- 102E, Project No. (C02605), (C02606), and

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

NOW, THEREFORE, we, the Principal, and _____________________________________, as Surety, are held and firmly bound unto the City in the just and full amount of nine-hundred and nineteen thousand, seven- hundred and fifteen dollars and forty cents ($919,715.40) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

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

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

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

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Faithful Performance Bond 1310-2

IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _________ day of _________________________________, 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal
(Seal)

Signature for Principal

Title of Signatory

Surety

(Seal)

Signature for Surety

Title of Signatory

Address of Surety

Phone # of Surety

Contact Person For Surety
Payment Bond 1320-1

SECTION 1320

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

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

NOW, THEREFORE, we, the Principal, and ____________________________________, as Surety, are held and firmly bound unto the City in the just and full amount of nine-hundred and nineteen thousand, seven- hundred and fifteen dollars and forty cents ($919,715.40) , executors, administrators, and successors, jointly and severally, firmly by these presents.

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

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

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

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Payment Bond 1320-2

Principal
(Seal)

Signature for Principal

Title of Signatory

Surety

(Seal)

Signature for Surety

Title of Signatory

Address of Surety

Phone # of Surety

Contact Person For Surety
Workers' Compensation Insurance 1330-1

SECTION 1330

WORKERS' COMPENSATION INSURANCE CERTIFICATE

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

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

Signature

Title

Date
Liability & Insurance Requirements 1340-1

SECTION 1340

LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION

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

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

2.0 INSURANCE REQUIREMENTS

2.1 General

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

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

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

2.2 Commercial General Liability Policy

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

Liability & Insurance Requirements 1340-2

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

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

c. Independent Contractors.

d. Blanket Contractual.

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

2.3 Commercial Business Auto Policy

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

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

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

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

2.4 Workers' Compensation Insurance

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

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

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

2.5 Endorsements

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

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

b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may Liability & Insurance Requirements 1340-3

possess, and any other insurance the City does possess shall be considered excess insurance only."

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

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

City Manager
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

2.6 Change in Terms

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

PANORAMA NEIGHBORHOOD, CORTAROAD, AND ALCITA ROAD PAVEMENT

RECONSTRUCTION PROJECTS

VICINITY MAP

Staff Report
City Council
Item No. 6.B
Meeting Date: October 6, 2025
From: John A. Corella, Director of Public Works
Title: Authorize a Task Order to NAI Consulting, Inc. for the Design of the Landau Boulevard Public Alley Reconstruction Project (C02607) RECOMMENDATION:

Authorize a task order to NAI Consulting, Inc. (NAI), to provide design engineering services for the Landau Boulevard Public Alley Reconstruction Project (C02607), as part of the city’s on-call engineering support services contract in the amount not to exceed $76,708; and approve a twenty percent (20%) contingency for unforeseen design-related issues in the amount $15,342; thereby bringing the total design phase encumbrance for this project to $92,050; and authorize the City Engineer to execute the task order.

BACKGROUND:

Prior to Senate Bill 1 (SB-1), cities and counties across the state delayed or even cancelled road improvement projects due to insufficient funding; neglecting basic maintenance and repairs of local streets. The 2016 California Statewide Local Streets and Roads Needs Assessment found the condition of local streets, on average, were “at risk” or degraded to failing infrastructure.

On April 28, 2017, Governor Brown signed SB-1, known as the Road Repair and Accountability Act of 2017. This significant initiative was designed to provide revenue for the maintenance and repair of the state's roads, bridges, and other transportation infrastructure, including local streets and roads through the Local Streets and Roads Program (LSRP). The law generates funding through increases in fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees, with rates subject to adjustments for inflation.

Proportions of the SB-1 funds generated are deposited into the Road Maintenance and Rehabilitation Account (SB-1/ RMRA) fund. A percentage of the SB-1/RMRA funding is apportioned to the City of Cathedral City by formula for road maintenance, rehabilitation, and critical safety projects.

In accordance with the requirements of SB-1/RMRA, all projects receiving funding through SB-1/RMRA must be incorporated into the city’s Capital Improvement Program (CIP). To satisfy this requirement, the City Council adopted Resolution No. 2017-43 on September 13, 2017, thereby initially incorporating a list of proposed SB-1/RMRA-funded projects into the Five-Year CIP. Subsequently, on May 14, 2025, the City Council adopted Resolution No. 2025-07, formally approving a list of projects for Fiscal Year 2025–26 to be funded through SB-1/RMRA and incorporated into the city’s biennial CIP budget:
East Palm Canyon Drive Widening
Whitewater Area Street Rehabilitation Between 33rd Avenue and Dinah Shore Drive Landau Boulevard Public Alley Reconstruction
The Landau Boulevard Public Alley Reconstruction Project is eligible for funding through SB- 1/RMRA and has a total estimated cost is $1,170,000. Located in the Panorama Neighborhood, the existing alley currently provides parking access to both multi-family and single-family residences. The proposed project includes the removal and full-depth reconstruction of the existing pavement within the public alley right-of-way, incorporating an inverted street section with a centerline ribbon gutter to improve surface drainage and structural performance.

To support the design and delivery of local infrastructure projects, the City Council, on May 14, 2025, awarded on-call professional services agreements to four qualified engineering consultant companies: Fomotor Engineering, Inc., HR Green, Inc., Interwest Consulting Group, and NAI Consulting, Inc. These companies assist the Engineering Division with a range of services, including design and construction support for minor capital projects. The design of the Landau Boulevard Public Alley Reconstruction Project is being completed under the scope of these on-call agreements.

DISCUSSION:

On September 4, 2025, city staff solicited proposals from the city’s list of on-call consultants for the design of the Landau Boulevard Public Alley Project. The on-call consultants submitted proposals including complete scope of services, schedule of work and cost. All proposals were submitted to the city by September 19, 2025.

Two (2) firms responded to the RFP and are listed below:

HR Green Pacific Corona, CA
NAI Consulting Cathedral City, CA
Proposals were reviewed and evaluated by a panel consisting of three staff members from the Engineering Department. The criteria for evaluation included the completeness of the response, scope of services to be provided, schedule of work and cost proposal. The panel cited both companies provided proposals that were responsive, qualified, and knowledgeable about the requirements for the project and the requirements for working in Cathedral City. The rating summary of the panel’s review is attached to this report (Attachment 2).

The proposal submitted by NAI received the highest evaluation scores from the review panel.

NAI presented a comprehensive work plan that offers clear assurance of the efficient execution of design tasks. Furthermore, the cost proposal submitted by NAI is consistent with prevailing market rates and aligns with the city’s expectations for the defined scope of services.

City staff are requesting City Council to authorize a task order to NAI, to provide design engineering services for the Landau Boulevard Public Alley Reconstruction Project (C02607), as part of the city’s on-call engineering support services for various city engineering division projects contract in the amount not to exceed $76,708; and approve a twenty percent (20%) contingency for unforeseen design-related issues in the amount $15,342; thereby bringing the total design phase encumbrance for this project to $92,050; and authorize the City Engineer to execute the task order.

FISCAL IMPACT:

FY 2025-2026 CIP Biennial Budget
The project is listed in the FY 2025-2026 Capital Improvement Program (CIP) with a total of $160,000 programmed for the design phase.

Design Budget
NAI Consulting’s design services are estimated at $76,708. To account for potential unforeseen design-related issues, City staff recommend a contingency of twenty percent (20%) in the amount of $15,342, which brings the total design budget to $92,050, as outlined below:

Design Services Cost (NAI) $76,708
20% Contingency $15,342
Design Budget $92,050
City staff are proposing to use programmed SB-1/ RMRA funds, in the amount of $92,050.

The following table summarizes the budget allocations for the construction of the project.

FISCAL
YEAR

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2025-2026
Landau Boulevard Public
Alley Reconstruction
(Design Phase)
248-100-150-
156-8800-8601 C02607 $92,050 ONE TIME
2025-2026 Total $92,050
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.

Action B-13: Completed planned flooding control infrastructure projects, especially as part of street improvement projects.

ATTACHMENTS:

1. Project Vicinity Map

2. Panel’s Evaluation Rating and Scores

3. NAI Consulting, Inc. - Proposal

Vista Chino Drive
Landau Boulevard
Avenida Maravilla
Date Palm Drive
30th Avenue
NORTH
Scores HR Green Pacific, Inc. NAI Consulting, Inc.

Rater 1 70 80
Rater 2 70 86
Rater 3 78 90
AVERAGE 72.7 85.3
Rankings HR Green Pacific, Inc. NAI Consulting, Inc.

Rater 1 2 1
Rater 2 2 1
Rater 3 2 1
AVERAGE 2.0 1.0
RFP - Professional Design Engineering Services
(Landau Boulevard Public Alley Reconstruction - CIP C02607) RFP - Professional Design Engineering Services
(Landau Boulevard Public Alley Reconstruction - CIP C02607) Evaluation - Rating and Scores

Staff Report
City Council
Item No. 6.C
Meeting Date: October 6, 2025
From: John A. Corella, Director of Public Works
Title: Award Contracts for HSIP Cycle 11C: Citywide Traffic Signal Hardware Upgrades (C08756)
RECOMMENDATION:

To:
Award a construction contract to Econolite Systems, Inc., in the amount of $564,709.40 for the Highway Safety Improvement Program (HSIP) Cycle 11C – Citywide Traffic Signal Hardware Upgrades Project (C08756); and, Award a professional services agreement to RT Engineering & Associates, Inc., in the amount of $134,229.04 for professional construction engineering support services for this project; and,
Approve a twenty percent (20%) contingency in the amount of $139,861.56 for unforeseeable construction costs and project changes; thereby bringing the total construction budget for this project to $838,800.00; and Authorize the City Manager to execute both contract documents, and, Authorize the City Engineer to request bonds and insurance for the project and issue the Notice to Proceed.

BACKGROUND:

The HSIP is a core Federal-aid program with the purpose of achieving significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. The HSIP is one of the programs in the Federal Surface Transportation Act, established in August 2005.

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

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

On June 25, 2021, the city completed the final Local Roadway Safety Plan (LRSP) which provides a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads. A local agency must have an LRSP or an equivalent safety plan to apply for HSIP grants.

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

The HSIP Cycle 11 grant follows a 90/10 reimbursement structure, whereby ninety percent (90%) of eligible project costs are funded by the HSIP, and the remaining ten percent (10%) is required as a local match. For the HSIP 11C – Citywide Traffic Signal Hardware Upgrades Project, the total estimated project cost is $1,119,700. Of this amount, the city was awarded $1,007,730 (90%) in HSIP grant funding, with the remaining $111,970 (10%) to be provided as the city’s required local match. The grant includes funding for both the preliminary engineering (PE) and construction (CON) phases of the project.

The proposed improvements included the installation of LED safety lighting, internally illuminated street name signs (IISNS), and traffic signal backplates with retroreflective borders at forty-nine (49) signalized intersections throughout the city. A vicinity map of the proposed intersections is included as Attachment 1.

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

In June 2024, the City Council awarded a professional services agreement to STC Traffic, Inc. (STC), to prepare the plans, specifications, right-of-way, and environmental documents to complete the PE phase of the project.

In December 2024, STC and city staff identified a significant increase in the construction costs for installing internally illuminated street name signs (IISNS), compared to the estimated costs included in the 2022 HSIP grant application. In response, city staff submitted a cost change request to Caltrans for consideration. Following its review, Caltrans informed the city that IISNS installation is not considered a roadway safety countermeasure under the HSIP guidelines. As a result, the cost change request was denied, and Caltrans removed IISNS installation from the project scope.

In June 2025, the preliminary engineering phase of the project, including the preparation of plans, specifications and estimates (PS&E) was completed. The Request for Funding Allocation (RFA) for construction funding was submitted to Caltrans on June 18, 2025, and approved on August 7, 2025.

DISCUSSION:

Construction Bid Process
On August 14, 2025, the city advertised the invitation to bid, requesting qualified contractors to perform the scope of work described in Bid No. B24-88E, which includes the PS&E for this project.

The bid solicitation was made available to contractors for twenty-one (21) calendar days and advertised in the following locations:
Desert Sun – published on August 14, 2025, and August 26, 2025 PlanIt Print Works – from August 14, 2025, until September 4, 2025 City’s Website – from August 14, 2025, until September 4, 2025 On September 4, 2025, the city received three (3) bid proposals for this project. The following table ranks each qualified bidder by the total base bid amount.

RANK CONTRACTOR AMOUNT
1 Econolite Systems, Inc. $564,709.40
2 California Professional Engineering, Inc. $833,758.00 3 Calpromax Engineering, Inc. $878,200.00
The bid tabulation prepared by the Engineering Division is attached to this report for reference.

Based on the bids received, the lowest responsive and responsible bidder, which yields the lowest contract price, is Econolite Systems, Inc. from Jurupa Valley, CA.

Request for Qualifications/Proposals for Construction Engineering Support Services The HSIP Cycle 11 grant application included funds for Construction Engineering (CE) to ensure the project comply with all State-funded requirements during construction. The CE support services tasks include construction management, labor compliance monitoring and enforcement, inspection, and material testing.

Staff issued proposals for the Request for Qualifications/ Proposals (RFQ/P) for Construction Engineering Support Services for the HSIP 11C Project. The RFQ/P was advertised in the Desert Sun and the city’s website on August 17, 2025. Consultant companies were given until September 8, 2025, twenty-two (22) days, to submit their proposals.

Proposals for CE support services for the HSIP 11C Project were received from the following five (5) consultant companies:

Fountainhead Consulting Corporation Fontana, CA
NV5, Inc. Palm Desert, CA
RT Engineering & Associates, Inc. San Bernardino, CA
TKE Engineering, Inc. Palm Desert, CA
Z&K Consultants, Inc. Riverside, CA
Proposals were evaluated following the selection process required for federally and state funded projects.

The proposals were reviewed by a panel consisting of three staff members from the Engineering Division and a staff member from the Building Department. The panel cited all companies provided proposals that were responsive, qualified, and knowledgeable about the requirements for the project and the requirements for working in Cathedral City. The rating summary of the panel’s review is attached to this report.

The proposal provided by RT Engineering & Associates, Inc. (RTEA) received the highest ratings from the panel. RTEA submitted a work proposal providing assurance that, if selected, the performance of CE support tasks would be completed efficiently.

Following the evaluation and scoring of the consultant companies, the cost proposal submitted by RTEA was opened and reviewed in accordance with State requirements to complete the RFQ/P evaluation process. The initial cost proposal from RTEA exceeded the city’s estimated cost as submitted in the 2022 HSIP Cycle 11 application. To address this, the City Engineer entered into negotiations with the CEO/President of RTEA. As a result, RTEA submitted a revised cost proposal that aligns with current market rates, the city’s expectations for the scope of services, and the original cost estimates included in the 2022 HSIP Cycle 11 application.

City staff recommend the City Council to:
Award a construction contract to Econolite Systems, Inc., in the amount of $564,709.40 for the HSIP Cycle 11C – Citywide Traffic Signal Hardware Upgrades Project (C08756); and,
Award a professional services agreement to RTEA, in the amount of $134,229.04 for professional construction engineering support services for this project; and, Approve a twenty percent (20%) contingency in the amount of $139,861.56 for unforeseeable construction costs and project changes; thereby bringing the total construction budget for this project to $838,800.00; and Authorize the City Manager to execute both contract documents; and, Authorize the City Engineer to request bonds and insurance for the project and issue the Notice to Proceed.

All work will be performed within the existing city right-of-way. Construction is expected to start in December 2025 and is estimated to be completed by March 2026.

ENVIRONMENTAL ANALYSIS:

These projects are categorically excluded under the National Environmental Policy Act (NEPA) process for federally funded projects per 24CFR58.35 (a)(1) and categorically exempt under the California Environmental Quality Act (CEQA), Section 15301 for existing facilities.

FISCAL IMPACT:

HSIP Grant Balance
The HSIP Cycle 11C grant includes funds for PE, CE and CON, in the amount of $1,007,730.

The PE phase has been completed, leaving an HSIP grant balance in the amount of $931,230 for the CE and CON phases of the project as shown below.

Construction $ 809,730
Construction Engineering $ 121,500
HSIP Grant Balance $931,230
FY 2025-2026 CIP Biennial Budget
The project is listed in the FY 2025-2026 Capital Improvement Program (CIP) with an estimated total programmed budget in the amount of $1,253,480 as shown below:

HSIP Grant Balance $ 931,230
Measure A (Local Match)
Traffic Safety Fund (Local Match)
Maintenance of Effort (MOE, Local Match)
$ 209,500
$ 41,500
$ 71,250
Programmed CIP Budget $1,253,480
Construction Budget
The construction bid amount submitted by Econolite Systems, Inc. is $564,709.40. The CE services, to be provided by RTEA, are estimated at $134,229.04. This brings the total construction cost to $698,938.44, as shown below:

Construction Bid Amount (Econolite Systems, Inc.) $564,709.40 Construction Engineering Cost (RTEA) $134,229.04
Total Construction Cost $698,938.44
To account for potential unforeseen conditions or project changes, city staff are recommending a 20% contingency applied to the total construction cost, in the amount of $139,861.56. This results in a total construction budget of $838,800.00, as shown below:

Total Construction Cost $698,938.44
20% Contingency $139,861.56
Construction Budget $838,800.00
City staff propose using HSIP grant funds in the amount of $754,920.00 to cover ninety percent (90%) of the project’s construction costs. The remaining ten percent (10%), in the amount of $83,880.00, is proposed to be funded with programmed Measure A funds, to fulfill the city’s local match requirement. The following table summarizes the budget allocations for the construction of the project.

FISCAL
YEAR

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE

AMOUNT ONE TIME
or

ONGOING
2025-2026 HSIP Funds
(Grant)
331-100-150-
156-8800-8802 C08756 $754,920.00 ONE TIME
2025-2026 Measure A
(Local Match)
243-100-150-
156-8800-8802 C08756 $83,880.00 ONE TIME
2025-2026 Total $838,800.00
FIVE-YEAR STRATEGIC PLAN:

Goal-E: Safety
Objective: Continue to explore and utilize technology to promote public safety.

ATTACHMENTS:

1. HSIP 11C – Project Vicinity Map

2. HSIP 11C – Bid Tabulation

3. HSIP 11C – Econolite Systems, Inc. Contract

4. HSIP 11C – CE Ranking Summary

5. HSIP 11C – RTEA Work Proposal

6. HSIP 11C – RTEA Revised Cost Proposal

7. HSIP 11C – RTEA Contract

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

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

CITY OF CATHEDRAL CITY

CITY OF CATHEDRAL CITY
HSIP CYCLE 11C
Bid Tabulation/ Analysis
CITY PROJECT No.: 8756
1 MOBILIZATION 1 LS 18,899.00 $ 18,899.00 $ 25,000.00 $ 25,000.00 $ 78,000.00 $ 78,000.00 $ 2 TRAFFIC CONTROL 1 LS 31,243.00 $ 31,243.00 $ 75,000.00 $ 75,000.00 $ 65,000.00 $ 65,000.00 $ 3 YELLOW RETROREFLECTIVE VEHICLE BACKPLATE
IMPROVEMENTS 778 EA 564.80 $ 439,414.40$ 477.00 $ 371,106.00$ 800.00 $ 622,400.00$ 4 LED LUMINAIRE IMPROVEMENTS 141 EA 533.00 $ 75,153.00$ 2,572.00 $ 362,652.00$ 800.00 $ 112,800.00$ 564,709.40$ 833,758.00 $ 878,200.00 $ 564,709.40$ 833,758.00 $ 878,200.00 $

UNIT COST TOTAL
BID SCHEDULE NO. 1: HSIP 11C
SUB-TOTAL BID SCHEDULE NO.1

TOTAL ALL BID ITEMS

UNIT COST TOTAL UNIT COST TOTAL
ECONOLITE SYSTEMS, INC. CALIFORNIA PROFESSIONAL ENGINEERING, INC. CALPROMAX ENGINEERING, INC.

ITEM DESCRIPTION QTY UNIT
Agreement 1300-1
SECTION 1300

AGREEMENT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corp oration, herein referred to as "City”, and Econolite Systems, Inc., herein referred to as, "Contractor." W I T N E S S E T H:

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

1. C
ontractor shall furnish all necessary labor, material, equipment, transportation and services for Bid No. B24- 88E, City Project No. C08756, (the “Work”), in the City of Cathedral City, California . The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated August 14, 2025, Instruction to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions, the Contractor’s Bid dated September 4, 2025, and any addenda thereto (the “Contract Documents”), all of which shall be considere d a
part hereof as though fully set herein.

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

3. A
ll work shall be done in a workman-like manner and to the satisfaction of the City Engineer.

4. T
ime is of the essence in the Contractor’s performance of the Work for this Contract. The contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. The contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within Fifty (50) Working days from the date of Notification to Proceed.

5. I
n consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. T he total consideration to Contractor for all Work shall no exceed Five Hundred Sixty-Four Thousand, S even Hundred Nine Dollars and Forty Cen ts ($564,709.40). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.

6. T
he Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770- 1777, Labor Code of California).

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

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

Agreement 1300-2
be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. The Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self -insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and typ es of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.

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

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

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

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

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

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

19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract.

20. The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the Agreement 1300-3
City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 2 1. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City a
ll rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract.

This assignment will be deemed made and will be come effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
2 2. T
he Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.

Agreement 1300-4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "
CITY"
C

ITY OF CATHEDRAL CITY,
a California municipal corporation
B
y:_____________________________ Dated: _____________________________ Anne V. Ambrose, Interim City Manager
A
TTEST:

D
ated: _____________________________
Tracey R. Hermosillo, CMC, City Clerk
AP
PROVED AS TO FORM:

D
ated: _____________________________
Eric Vail, City Attorney
“EC
ONOLITE SYSTEMS, INC.”
Dated: By:_______________________________
Name: _______________________________
Title: _______________________________
D
ated: By: ____________________________
Name: ________________________________
Title: ________________________________
[C
ONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACT IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED]

Faithful Performance Bond 1310-1
SECTION 1310

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on , awarded to , hereinafter designated as the Principal, a Contract for BID NO. B24-88E, CITY PROJECT NO. 8756, STATE PROJECT NO. HSIPL-5430(041), HSIP 11C: CITYWIDE TRAFFIC SIGNAL HARDWARE UPGRADES, and

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

NOW, THEREFORE, we, the Principal, and ____________________________, as Surety, are held and firmly bound unto the City in the just and full amount of (_____________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

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

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

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

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _________ day of _________________________________, 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

_____________________________________
Principal
(Seal)

_____________________________________
Signature for Principal

_____________________________________
Title of Signatory

_____________________________________
Surety

(Seal)

_____________________________________
Signature for Surety

_____________________________________
Title of Signatory

_____________________________________
Address of Surety

_____________________________________
Phone # of Surety

_____________________________________
Contact Person For Surety

Payment Bond 1320-1
SECTION 1320

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

NOW, THEREFORE, we, the Principal, and____________________________________, as Surety, are held and firmly bound unto the City in the just and full amount of (_____________________) , executors, administrators, and successors, jointly and severally, firmly by these presents.

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

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in an y way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Payment Bond 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _________ day of _________________________________, 2025, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

_____________________________________
Principal
(Seal)

_____________________________________
Signature for Principal

_____________________________________
Title of Signatory

_____________________________________
Surety

(Seal)

_____________________________________
Signature for Surety

_____________________________________
Title of Signatory

_____________________________________
Address of Surety

_____________________________________
Phone # of Surety

_____________________________________
Contact Person For Surety

Workers' Compensation Insurance 1330-1
SECTION 1330

WORKERS' COMPENSATION INSURANCE CERTIFICATE

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

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

______________________________________________
Signature

______________________________________________
Title

______________________________________________
Date

Liability & Insurance Requirements 1340-1
SECTION 1340

LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION

2.0 INSURANCE REQUIREMENTS

2.1 General

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

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

2.2 Commercial General Liability Policy

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

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

c. Independent Contractors.

d. Blanket Contractual.

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

2.3 Commercial Business Auto Policy

Liability & Insurance Requirements 1340-2

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

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

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

2.4 Workers' Compensation Insurance

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

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

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

2.5 Endorsements

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

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

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

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

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

2.6 Change in Terms

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

Scores Fountainhead Consulting Corporation NV5, Inc. RT Engineering & Associates, Inc. TKE Engineering, Inc. Z&K Consultants, Inc.

Rater 1 225 305 290 265 245
Rater 2 245 235 255 260 235
Rater 3 340 335 360 350 340
Rater 4 200 280 285 255 235
AVERAGE 252.5 288.8 297.5 282.5 263.75
Rankings
Fountainhead Consulting Corporation NV5, Inc. RT Engineering & Associates, Inc. TKE Engineering, Inc. Z&K Consultants, Inc.

Rater 1 51234
Rater 2 34214
Rater 3 34123
Rater 4 52134
AVERAGE 4.0 2.8 1.5 2.3 3.75
RFQ/P - Professional Construction Engineering Services
(HSIP 11C - Traffic Signal Hardware Upgrades)
RFQ/P - Professional Construction Engineering Services
(HSIP 11C)

RT Engineering & Associates, Inc. (RTEA) Cost Proposal Breakdown (hours and cost is based on proposed schedule timeline above- RFP states 12 month duration from Oct 2025 - Oct 2026) NTP2 - 50 working days
Post Const - Closeout
NTP1 - Administrative & PreConstruction Phase Direct Rate OHM % Burdened Rate Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 Oct-26 Total Manhours Total Cost PM/Lead Construction Manager - Regina Talamantez 1 hr / month 115.00$ 2.41087 277.25$ 1 1 2 554.50$ Construction Manager - Javier Barrientos 8 hrs/week 90.00$ 2.41087 216.98$ 32 32 64 13,886.61$ Construction Inspector - Robert Hogan 90.00$ 2.41087 216.98$ 0 -$ Office Engineer - Brandon Freese 4 hrs/week 25.00$ 2.41087 60.27$ 16 16 32 1,928.70$ Labor Compliance Officer - Carol Dubree 46.20$ 2.41087 111.38$ 0 -$ Total Manhours NTP1 49 49 0 NTP1 Total Cost 16,369.81$
NTP2 - Construction
PM/Lead Construction Manager - Regina Talamantez 1 hr / month 115.00$ 2.41087 277.25$ 1 1 1 3 831.75$ Construction Manager - Javier Barrientos 8 hrs/week 90.00$ 2.41087 216.98$ 16 32 32 80 17,358.26$ Construction Inspector - Robert Hogan 40 hrs/week 90.00$ 2.41087 216.98$ 80 160 160 400 86,791.32$ Office Engineer - Brandon Freese 4 hrs/week 25.00$ 2.41087 60.27$ 8 16 16 40 2,410.87$ Labor Compliance Officer - Carol Dubree 6 hrs/month 46.20$ 2.41087 111.38$ 6 6 6 18 2,004.88$ Total Manhours NTP2 111 215 215 NTP2 Total Cost 109,397.08$ Post Construction -$
PM/Lead Construction Manager - Regina Talamantez - 1 hr/month 115.00$ 2.41087 277.25$ 1 1 2 554.50$ Construction Manager - Javier Barrientos 4 hrs/week 90.00$ 2.41087 216.98$ 16 16 32 6,943.31$ Construction Inspector - Robert Hogan 90.00$ 2.41087 216.98$ 0 -$ Office Engineer - Brandon Freese 8 hrs/month 25.00$ 2.41087 60.27$ 8 8 16 964.35$ Labor Compliance Officer - Carol Dubree 46.20$ 2.41087 111.38$ 0 -$ Total Manhours NTP1 1082 25 25 0 0 0 0 0 Post Const TC 8,462.15$ OHM: (1.1917+1)*1.1 (fee) = 2.41087
assumed a 12 week procurement time for iluminaires from Oct 27, 2025 thru Jan 29, 2026 Total Cost Proposal 134,229.04$ assumed no earthwork or concrete work needed on this procurement, but we included RMA's fee schedule information 88 assume 20 working days/month
NTP1
Procurement - 12 weeks
196 Total Manhours NTP2

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AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
RT ENGINEERING & ASSOCIATES, INC.

This Agreement for Professional Services (“Agreement”) is entered into as of October 6, 2025, (“Effective Date”) by and between the City of Cathedral City , a municipal corporation (“City”) and RT Engineering & Associates, Inc., a S-Corporation in the State of California (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

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

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

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

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

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

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one (1) year commencing on the Effective Date.

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

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 2 6 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Thirty -Four Thousand and Two Hundred Twenty-Two Dollars and Four Cents dollars ($134,229.04), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and - 3 -

expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Exhibit D, Article XI “Equipment Purchase”. The final invoice must be submitted within sixty (60) calendar days after completion of Consultant ’s work unless a later date is approved by the City.

Invoices shall be mailed to the City in accordance with Section 24 “Notices”.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’ s work under this Agreement, either during performance or when completed. City shall reject or finally accept the Consultant’s work within sixty (60) days after being submitted to City. The city shall reject work by a timely written explanation, otherwise Consultant ’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant ’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

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

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, - 4 -

notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work ” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement.

Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant ’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant ’s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or - 5 -

agents of City, shall have control over the conduct of Consultant or any of Consultant ’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Consultant , nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

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

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

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

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

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

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

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

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

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant . Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. - 8 -

SECTION 16. INDEMNIFICATION.
(a) Indemnification by Consultant . As provided under Civil Code Section 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub- Consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other professionals, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Consultant ’s duty to defend shall not apply if there is a project -specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontractors . Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-Consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so - 9 -

approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

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

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

SECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant . In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant , or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant ’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
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SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Consultant: RT Engineering & Associates, Inc.
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Attn: Regina Talamantez, PE
202 E. Airport Drive Suite 140
San Bernardino, CA 92408

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

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

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

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

SECTION 30. LAW TO GOVERN; VENUE.
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This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

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

SECTION 34. ELECTRONIC SIGNATURE.

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

SECTION 35. CONFLICTING TERMS.
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Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

SECTION 36. STATE FUNDS.

In the event the Services are funded either in whole or in part by a [state] [federal] grant, Consultant shall comply with the requirements of Exhibit “D” “ [State] [Federal] Funds.”
SECTION 37. SAFETY.

A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. Consultant must have a Division of Occupational Safety and Health (CAL- OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

- 14 -
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.

RT Engi
neering & Associates, Inc.
______
_____________________
By:________________________
Its:________________________
___________________________
By:________________________
Its:________________________

CITY OF CATHEDRAL CITY
__________________________
Anne V. Ambrose
Interim City Manager
ATTEST:
__________________________
_
Tracey R. Hermosillo, CMC
City
Clerk

APPROVED AS TO FORM
__________________________
_
Eric S. Vail
City
Attorney
NOT
E: CONSULTANT’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 CONSULTANT’S
BUSINESS ENTITY.

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EXHIBIT "A"

SCOPE OF SERVICES

B-1
EXHIBIT "B"

COMPENSATION

C-1
EXHIBIT "C"

INSURANCE

A. Insurance Coverages . Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).

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

X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.

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

Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.

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

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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

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

1. All Coverages.

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

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

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

2. Commercial General Liability and Automobile Liability Coverages.

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

The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

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

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

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

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

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

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

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

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

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

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EXHIBIT "D"

STATE FUNDING PROVISIONS
[Note: Italic text in brackets throughout the ar ticles is intended for instructional purposes only. Remove after modifying each section on an individual contract basis.]

“As used throughout the Exhibit “D”, LOCAL AGENCY shall mean t he City of Cathedral City.

ARTICLE I INTRODUCTION
See page 1 of the City’s Professional Services Agreement.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
[Choose either Option 1 or Option 2]

[Option 1 - Use paragraphs A & B below for standard AGREEMENTs]

A. CONSULTANT shall submit progress r eports at least once a month. The report should be sufficiently detailed for the LOCA L AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LO CAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT. [Option 2 - Use paragraphs A & B below for on-call AGREEMENTs]

A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provi de communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator , as needed, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
See Section 2 “Scope of Services & Schedules of Performance) in t he City’s Professional Services Agreement.

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ARTICLE IV PERFORMANCE PERIOD
[A time must be set for begi nning and ending the work under the AGREEMENT. The time allowed for performing the work is specifie d; it should be reasonabl e for the kind and amount of services contemplated ; and it is written into the AG REEMENT. If it is desirable that Critical Path Method (CPM) networks, or other ty pes of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.]

A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any re commendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
[Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs.

On-call AGREEMENTs shall be 5 years maximum.]

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the cont ract to cover the time needed to complete the task order in prog ress only. The maximu m term shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
The requirements of this article are addressed in Section 4, “Compensation and Method of Payment”, of the City’s Professional Services Agreement.

ARTICLE VI TERMINATION
A. The AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) ca lendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work , including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspe nd this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receip t requested) of temporary suspension. If LOCAL AGENCY gives such notice of te mporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary

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suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY fo r damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of terminat ion, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, invest igations, appraisals, inventories, studies, analyses, drawings and data estimates perfo rmed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative R equirements, Cost Principles, and Audit Requirements for Federal Awards.

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

D. When a CONSULTANT or S ubconsultant is a Non-Prof it Organization or an Institution of Higher Educat ion, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audi t Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDIT
For the purpose of determining compli ance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audi ted Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT ’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years fr om the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after fi nal disposition. LOCA L AGENCY, Caltrans Auditor, FHWA, or any duly authorized r epresentative of the Federal government having jurisdiction under Federal laws or regulations (inc luding the basis of Federal

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funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and t he CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audi ts, examinations, workpaper review, excerpts, and transactions, and copies thereo f shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an inte rim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor it s consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGR EEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurr ed cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjus ted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT te rms and cause for te rmination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be su bject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI).

IOAI, at its sole discretion, may re view and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work

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Paper Review recommendations include d in the management letter or audit recommendations included in the audit repor t. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and caus e for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOA I will work with the CPA and/or CONSULTANT toward a resolution of iss ues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies si gnificant issues during th e review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR unt il a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CF R Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Account ing Standards), if applicable; in accordance with procedures and guidelines of the Am erican Association of State Highways and Transportation Official s (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is betw een one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty- five percent (85%) of the proposed rate.
c. If the proposed rate is great er than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective dat e of the management letter. IOAI will then have up to six (6 ) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of th is paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead co st reimbursement will be limited to the accepted ICR that was es tablished upon initial rejection of the ICR and set forth in paragr aph E.1. above for all rendered services. In this

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event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AG ENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA aud ited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than si xty (60) calendar days after occurrence of the last of these it ems. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prim e or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of it s Subconsultants and of persons either directly or indirectly employed by any of th em as it is for the acts and omissions of persons directly employed by the CONS ULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from t he LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the wo rk contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authoriz ation by the LOCAL AGENCY Contract Administrator, except that which is expressly identif ied in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a resu lt of this AGREEMEN T, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsult ants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants mu st be approved in writing by the LOCAL AGENCY Contract Administrator in advanc e of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than

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fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allo wed CONSULTANT on ac count of the work performed by the subconsultants, to the ex tent of each subconsultant’s interest therein. In the event that t here is a good faith dispute over all or any portion of the amount due on a progress pay ment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subcons ultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 perc ent of the amount due per m onth for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separat e from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
No retainage will be held by the LOCAL AGE NCY from progress payments due to CONSULTANT. CONSULTANTS and subconsul tants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval.

Any violation of these provisions shal l subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or j udicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writ ing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters in to any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorizat ion by LOCAL AGENCY’s Co ntract Administrator, three competitive quotations must be subm itted with the request, or the absence of

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proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an in ventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMEN T is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accor dance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expens e, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipmen t, the terms and cond itions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value gr eater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Regi stration with DIR must be maintained throughout the entire term of this AG REEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with a ll of the applicable provisions of the California Labor Code requiri ng the payment of preva iling wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Departm ent of Transportation's Regional/District Labor Compliance Officer ( https://dot.ca.gov/programs/construction/labor- compliance). These wage rates are made a spec ific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wa ges will be applicable to all inspection work performed at LOCAL AGENCY cons truction sites, at LOCAL AGENCY facilities and at off-site locations that ar e set up by the construction contractor or

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one of its subcontractors solely and specifically to serve LOCAL AGENCY projects.

Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materi als suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinati ons applicable to this project may also be obtained from the D epartment of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing t he name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employ ee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under par agraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all r easonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the em ployee or the empl oyee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspec tion or furnished upon request to a representative of LO CAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship St andards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or oblit erated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by

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both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a ce rtified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCA L AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5 ) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for eac h worker, until stri ct compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CO NSULTANT is responsible for verifying compliance with certified payroll require ments. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker pai d less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the r equirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

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2. The amount of this forfeiture s hall be determined by the Labor Commissioner and shall be based on consideration of mist ake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the co rrect rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage ob ligations, or the willful failure by the CONSULTANT or Subconsultant to pay t he correct rates of prevailing wages. A mistake, inadvertence, or neglect in faili ng to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTA NT is responsible for paying the appropriate rate, including any e scalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and purs uant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or porti on thereof for which each wo rker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed bet ween the CONSULTANT and the Subconsultant for the performance of wo rk on public works projects shall include a copy of the requirement s in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor t he payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsul tant’s failure to pay the specified prevailing rate of wages to t he Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to , retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works proj ect, the CONSULTANT sh all obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified gener al prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and

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any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen ( 15) calendar days of receipt of a complaint that a Subconsultant has fail ed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that em ployees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the ge neral prevailing rate of per diem wages, the CONSULTANT shall wit hhold an amount of moneys due the Subconsultant sufficient to pay those em ployees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day 's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twent y-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CO NSULTANT or any of its Subconsultants for each calendar day dur ing which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclus ive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in an y week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the pr ime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONS ULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subc onsultants are required to comply with all Labor Code requirements regarding the empl oyment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in

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Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationshi p with LOCAL AGENCY that may have an impact upon the outcome of this AGRE EMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT s hall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEM ENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual , apparent or potential conflicts of interest that may develop subsequent to the date of executi on of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of t he same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AG REEMENT was not obtained or secured through rebates, kickbacks or other unlawful c onsideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discret ion, to terminate this AGREEMENT without liability, to pay only fo r the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the fu ll amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING – NOT USED

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE

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A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under t he laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

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

C. CONSULTANT and subconsultants shall co mply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated ther e under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. T he applicable regulati ons of the Fair Employment and Housing Commission im plementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are in corporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

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

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

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

G. The CONSULTANT, with regar d to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that t he recipients of federal assistance will implement and maintain a policy of nondiscr imination in which no person in the

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United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

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

I. CONSULTANT, subrecipient or subcons ultant will never exclude any person from participation in, deny any person the benefit s of, or otherwise discriminate against anyone in connection with the award and perfo rmance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, di rectly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially im pairing accomplishment of t he objectives of the DBE Program Plan with respect to i ndividuals of a particular race , color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signatur e affixed herein shall constitute a certification under penalty of perjury under the la ws of the State of Califor nia, that the CONSULTANT or any person associated therewith in t he capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certificat ion must be disclosed to LOCAL AGENCY.

Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibilit y. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

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C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION – NOT USED

ARTICLE XIX INSURANCE
The requirements of this arti cle are addressed in Section 17, “Insurance,” and Exhibit “C” of the City’s Professional Services Agreement.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the par ties that this AGREEMENT may have been written before ascertaining the availab ility of funds or appr opriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforc eable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional rest rictions, limitations, conditions, or any statute enacted by the Congr ess, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms , or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to termi nate the AGREEMENT pursuant to Article VI Termination, or by mu tual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modifi ed only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT ’s Project Manager or members of the project team, as listed in the approved Co st Proposal, which is a part of this AGREEMENT without prior wr itten approval by LOCA L AGENCY’s Contract Administrator.

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ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to so licit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bo na fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LO CAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the wo rk actually performed, or in its discretion to deduct from the AGREEM ENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGR EEMENT, the parties agree to try in good faith, to settle any dis pute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A through C below for all AGREEMENTs without PS&E submittal]
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of City Manager and City Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar da ys after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes , other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and time ly performance in accordance with the terms of this AGREEMENT.
[Option 2 - Replace Paragraph B, above, with the following for AGREEMENTs requiring the submission of PS&E]
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specif ications and estimate, CONSULTANT may request review by LOCAL AGENCY Govern ing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

ARTICLE XXIV INSPECTION OF WORK

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CONSULTANT and any subconsultant sha ll permit LOCAL AGENCY, the State, and the FHWA if federal participat ing funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
The requirements of this article are address ed in Section 37, “Saf ety,” of the City’s Professional Services Agreement.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all ma terials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Imm ediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel info rmation, along with a ll other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work perform ed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Pa rties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be wo rk made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is su itable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights prov isions regarding rights to inv entions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting r eports or other agree ment products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevoc able right to reprod uce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION

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CONTRACTOR
A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel t hat LOCAL AGENCY considers essential to assist in defending against construction contract or claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, includin g travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s pers onnel in connection with LOCAL AGENCY’s construction contractor claims will be per formed pursuant to a written contract amendment, if necessary, extending the term ination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, techni cal, or other data and information relative to LOCAL AGENCY’s operations, which ar e designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be prot ected by CONSULTANT fr om unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEM ENT, shall not aut horize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment public ly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY ’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMEN T, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news re lease or public relations item of any nature, whatsoever, regardi ng work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract sha ll contain all of the provisions of this Article.

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[For PS&E contracts add paragraph F, below, to paragraphs A through E, above]

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entit y, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials pr epared or assembled by CONSULTANT pursuant to performance of this Contra ct are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approv al of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contrac t, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one fina l unappealable finding of contempt of court by a federal court has been issued agains t CONSULTANT withi n the immediately preceding two-year period, because of CONSUL TANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluat ed by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT fo r comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all projec t progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pa y interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-ra ted as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request. (2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later

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than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setti ng forth in writing the reasons why it is an improper payment request.

ARTICLE XXXII TITLE VI ASSURANCES – NOT USED

ARTICLE XXXIII NOTIFICATION
The requirements of this article are address ed in Section 24. “Notices” of the City’s Professional Services Agreement.

ARTICLE XXXIV CONTRACT – NOT USED
ARTICLE XXXV SIGNATURES – NOT USED
Staff Report
City Council
Item No. 6.D
Meeting Date: October 6, 2025
From: Ryan Hunt, Communications & Events Manager
Title: International Hot Air Balloon Festival Production and Revenue Sharing Agreement and Concert Headliner
RECOMMENDATION:

Staff recommends that the City Council:

2. Approve Robin Thicke as the headline entertainment for the 11th Annual Cathedral City International Hot Air Balloon Festival on Friday, November 21, 2025 Note: Council previously approved the $80,000 allocation from the General Fund for festival headline entertainment. The City is also receiving $12,500 from Visit Greater Palm Springs toward artist fees and production support. This recommendation seeks approval of the specific artist and the revenue sharing agreement structure. Upon Council approval, staff will proceed with public announcement and ticket sales launch on October 7, 2025.

BACKGROUND:

Festival History and Growth
The Cathedral City International Hot Air Balloon Festival, now in its 11th year, has become one of the premier hot air balloon events in the United States. The three-day festival (November 21-23, 2025) features morning balloon launches, competitions, family activities, drone light shows, food trucks, vendor markets, and evening entertainment at the Cathedral City Community Amphitheater.

Festival Highlights:
Free admission to balloon launch viewing areas
Hot air balloon competitions and tethered rides
Food vendors and artisan marketplace
Family entertainment zones
Multiple evening concerts (ticketed and free programming) Voted 6th Best Balloon Festival in the World by U.S. News & World Report Recognized as 2023 Champion of Hospitality by Visit Greater Palm Springs 2024 Festival Performance:
35,000 total attendees (40% increase from 2023)
Successful LeAnn Rimes Saturday concert (2,500 capacity amphitheater) Significant economic impact throughout Cathedral City and the Coachella Valley Strong regional media coverage
Agua Caliente Casinos as presenting sponsor (5th consecutive year) City costs for LeAnn Rimes: $80,000 artist fee + $40,000 production = $120,000 total Tastes & Sounds Integration
The Tastes & Sounds concert series, launched in February 2024, has become one of Cathedral City's most successful community programs. The fall 2025 series is strategically merging with the Balloon Festival to create an extended entertainment celebration:

November Tastes & Sounds Schedule:
November 4: Palm Springs Pride Kickoff event
November 11: Veterans Day cookout with Rancho Mirage High School November 18: The Dreamboats (festival launch week)
November 21: Robin Thicke (Balloon Festival concert headliner - Friday night) November 22: Queen Nation & Radio Ready (Tastes & Sounds opening night - Saturday)
This programming integration creates synergy between two successful events, extends the festival's entertainment value, and provides residents with both ticketed premium entertainment and free community concerts throughout the weekend.

Record-Level Partner Investment
The 2025 International Hot Air Balloon Festival is experiencing unprecedented partner investment, reflecting growing confidence in the event's tourism value and regional impact:
2025 Sponsorship and Partnership Investment:
Agua Caliente Casinos: $40,000 presenting sponsorship (5th consecutive year, largest commitment) - reinvested directly into festival enhancement and event programming to elevate the experience for residents and visitors, not allocated toward City cost recovery
City of Rancho Mirage: $10,000 partnership of public safety in-kind services (returning sponsor from 2024, significantly expanded involvement in 2025, including planning coordination and permitting assistance)
Westin Rancho Mirage Golf Resort & Spa: Official hotel sponsor with significantly expanded programming - hosting Sunday "Brunch & Balloons" event, returning Friday night "Jazz Grooves" concert, morning balloon launches from Pete Dye Golf Course throughout the weekend, and providing accommodations for pilots and festival guests Visit Greater Palm Springs: $12,500 tourism investment (allocated toward artist fees and production support)
Total Partner Investment: $62,500+ (35% increase from 2024) This $12,500 contribution from Visit Greater Palm Springs represents a strategic reallocation of funds previously budgeted for touring the City/VGPS co-branded hot air balloon to festivals across the country. Due to ongoing legal proceedings with the previous balloon operator, the City is still in the process of recovering the balloon envelope. Rather than leave these tourism promotion funds unspent, Visit Greater Palm Springs has agreed to redirect this investment toward the Robin Thicke concert, recognizing a major headline act generates significant regional tourism impact and media exposure.

DISCUSSION:

Overcoming Operational Changes and Building Forward Momentum Context for 2025:

The 2025 festival represents a critical opportunity to demonstrate the City's resilience and commitment to excellence following operational challenges experienced with the previous festival production contractor. Due to performance issues with the 2024 festival and subsequent contractual disputes, the City issued a comprehensive RFP in February 2025 seeking new event production services. This transition period created unforeseen complications, including confusion among sponsors, vendors, and hot air balloon pilots regarding the 2025 festival's production and organization.

Through a competitive RFP process, the City awarded a three-year production contract to SoundSkilz Entertainment in April 2025. SoundSkilz has demonstrated exceptional commitment to rebuilding relationships with key stakeholders and delivering a professionally managed, world-class event that exceeds previous festival standards.

The Importance of Success in 2025:

Given the disruptions experienced during the production transition, the 2025 festival carries heightened significance. Sponsors who have committed record investment levels ($62,500+) have done so with confidence that the City will deliver an elevated event experience.

Regional partners including City of Rancho Mirage and Westin Rancho Mirage have expanded their involvement specifically because they believe in the festival's renewed direction and professional management.

Perhaps most critically, the hot air balloon pilot community, the heart and soul of any balloon festival, experienced significant confusion during the transition period. Rebuilding trust and enthusiasm within the pilot community is essential to the festival's long-term success. Major headline entertainment like Robin Thicke demonstrates to the pilots they are participating in a premier, professionally produced event worthy of their time and investment, generating excitement translating into strong pilot participation and word-of-mouth promotion within the ballooning community.

Robin Thicke as the Right Choice for 2025:

The selection of Robin Thicke for the 2025 festival sends a powerful message to all stakeholders that Cathedral City is committed to excellence and forward momentum. His credentials—Grammy nominations, multi-platinum albums, 5+ million social media followers, and 1+ billion YouTube views—provide immediate credibility and generate excitement across every stakeholder group:
Residents: Access to nationally recognized entertainment in their community Regional Visitors: Compelling reason to travel to Cathedral City and patronize local businesses, restaurants, hotels, fueling centers, and retailers Small Businesses: Increased foot traffic and economic activity during festival weekend
Sponsors: High-profile artist delivers a Return on Investment (ROI) through attendance, media coverage, and brand exposure
Hot Air Balloon Pilots: Pride in participating in a major festival with professional entertainment, rebuilding confidence in the event's stature and management This investment in world-class headline entertainment demonstrates that Cathedral City has moved beyond any operational challenges and is fully committed to presenting a festival that rivals the best events in the region. The 2025 festival is not just about continuing a tradition; it's about establishing a new standard of excellence that positions the event for sustained growth in future years.

Artist Selection: Robin Thicke
Artist Profile:

Robin Thicke is a multi-platinum singer, songwriter, and record producer with an extensive catalog of hit songs spanning two decades. His music blends R&B, soul, and pop, making him accessible to a broad audience demographic.

Artist Credentials:
Multiple Billboard Top 10 hits including "Blurred Lines," "Lost Without U," and "Magic" Seven studio albums with multiple platinum and gold certifications Grammy Award nominations
Judge on FOX's hit show The Masked Singer since the show premiered in 2019, serving as a panelist for over 6 years through 13+ seasons Over 5 million social media followers (4.2 million on Facebook alone) More than 1 billion YouTube views - demonstrating massive global reach Current touring artist with strong West Coast following Experienced live performer with proven amphitheater draw Selection Rationale:
Demographic Appeal: Appeals to the festival's core demographic (ages 35-65) while attracting younger attendees and families
Market Timing: Currently touring with strong momentum and high regional visibility Name Recognition: National recording artist with crossover appeal and multiple hit songs spanning different generations
Massive Social Media Reach: 5+ million followers across platforms provides built-in marketing amplification and audience engagement
Proven Digital Engagement: 1+ billion YouTube views demonstrating sustained popularity and global recognition
Venue Fit: Experienced performing in outdoor amphitheater settings; 75-minute performance delivers strong entertainment value
Tourism Draw: Social media following and name value attract visitors from throughout Southern California and generate significant media coverage Marketing Advantage: Substantial online presence enables organic promotion through artist's channels, extending festival reach beyond traditional marketing Revenue Potential: Name recognition and fanbase justify premium ticket pricing and drive sales volume necessary for revenue recovery
Universal Stakeholder Appeal: Robin Thicke generates excitement across all key stakeholder groups, residents seeking quality entertainment, regional visitors drawn by name recognition, small businesses benefiting from festival tourism, sponsors expecting significant exposure and attendance, and critically, hot air balloon pilots who are energized by participating in a high-profile, professionally produced event featuring major entertainment
Partner Expectations and Strategic Necessity
The Business Case for Major Headline Entertainment:

These sponsors and partners are not making philanthropic contributions; they are making business investments with clear expectations for return:

1. Foot Traffic Generation: Agua Caliente expects festival attendees to visit their casino properties before, during, and after the event. A nationally recognized headliner like Robin Thicke draws visitors who stay in valley hotels, dine at restaurants, and patronize casino entertainment.

2. Regional Brand Exposure: Partners expect significant media coverage and social media reach. A major artist generates press coverage extending far beyond what the festival alone would achieve, amplifying sponsor brand visibility.

3. Tourism Economic Impact: Visit Greater Palm Springs and City of Rancho Mirage are making a significant investment because major festivals with headline entertainment drive hotel room nights, restaurant revenue, and retail spending throughout the valley.

4. Multi-Day Engagement: Westin's Sunday event addition demonstrates confidence this festival creates sustained visitor presence, not just single-day attendance.

The Risk of Under-Delivering:

If the City presents a festival with lesser-known entertainment that fails to meet partner expectations for attendance and exposure, these relationships and investment levels are at risk for future years.

Understanding Concert Production Economics
Standard Concert Production Model:

In typical concert promotions, the promoter/producer covers:

1. Artist performance fee

2. All technical production (sound, lights, staging, video)

3. Backline equipment and instruments

4. Artist hospitality and rider requirements (catering, dressing rooms, amenities)

5. Hotel accommodations for the artist and crew

6. Ground transportation

7. Production labor and crew

8. Marketing and promotion

9. Insurance and permits
The promoter then recoups these costs through ticket sales and typically retains 100% of net revenue until breakeven, after which profits may be shared with the venue or presenting entity.

Our Partnership Model with SoundSkilz:

SoundSkilz Entertainment has proposed an innovative approach benefiting the City:
City Investment: $80,000 toward artist fee (previously approved by Council from Special Events budget)
Visit Greater Palm Springs Contribution: $12,500 toward artist fee and production support
SoundSkilz Investment: Absorbing substantial production costs beyond their contracted scope
Critical Context - 2024 Comparison:

In 2024, the City paid $80,000 for LeAnn Rimes plus an additional $40,000 in production costs (sound, lights, staging, hospitality, etc.) for a total investment of $120,000. The City retained 100% of ticket revenue ($47,811.74) resulting in a net cost of $72,188.26. However, City staff were responsible for securing the artist, negotiating the contract and rider, managing all concert logistics, and absorbing all administrative burden.

In 2025, SoundSkilz is absorbing all production costs the City paid in 2024, reducing the City's cash investment to $80,000 for a comparable-caliber artist. Additionally, SoundSkilz is handling all artist booking, contract negotiation, rider management, and concert logistics that were City staff responsibilities in 2024. This partnership structure delivers high-quality entertainment at lower cost to the City while fairly compensating SoundSkilz for their production investment through the revenue-sharing arrangement.

Financial Analysis
Robin Thicke Performance Costs:

Artist Performance Fee (per CAA contract):
Base performance fee: $85,000
Airport transport buyout: $350
Total Artist Fee: $85,350
Funding Sources:
City of Cathedral City: $80,000 (previously approved)
Visit Greater Palm Springs: $12,500
Total Funding Available: $92,500
Additional Production Requirements (per artist rider):

The following costs are required by the artist's contract and must be provided by the purchaser (City) on top of the artist fee. This Concert Production and Revenue Sharing Agreement establishes that SoundSkilz will provide these services as supplemental work beyond their existing festival production contract:

Technical Production:
Professional sound and lighting equipment for outdoor amphitheater: $25,000 Stage hands (10 @ $400): $4,000
LED video screen/display (TBD)
Full staging and infrastructure
Cost: $29,000
Backline Equipment:
All instruments, amplifiers, and equipment per Artist rider specifications Cost: $5,500
Hospitality and Catering:
Meal buyout: $900
Hospitality/Green Room items: $1,800
Cost: $2,700
Hotel Accommodations:
15 rooms @ $149 per night (November 20-21)
Includes suite and king rooms for artist and entourage Cost: $2,235
Ground Transportation:
Runners (2 @ $550): $1,100
City to provide 2 SUVs with drivers; SoundSkilz to provide 2 sprinters with drivers, fuel and insurance
Cost: $1,100
Golf Package:
Up to 5 rounds of 18-hole golf at The Westin Rancho Mirage Golf Resort & Spa Cost: Included in overall hospitality arrangements
Production Labor:
General labor cost: $8,500
Security personnel: $3,500
Talent buyer/booking coordination: $8,500
DJ A-One (opening/intermission): $1,500
Cost: $21,500
Event-Specific Setup:
Chairs (800 @ $2.50): $2,000
Tables (24 @ $12): $288
Centerpieces (24 @ $12): $288
Cost: $2,576
Music Licensing:
ASCAP/BMI/SESAC performance rights licensing
Cost: Included in production costs
Total Production Investment
Artist Fee: $85,350
City contribution: $80,000 (previously approved)
Visit Greater Palm Springs: $12,500
Production Costs (absorbed by SoundSkilz): $65,111
Total Event Investment: $150,461 (artist fee + production costs) Concert Comparison
2024 Concert Costs (LeAnn Rimes):
Artist Fee: $80,000 (paid by City)
Production Costs: $40,000 (paid by City)
Total City Investment: $120,000
Ticket Revenue: $47,811.74 (100% to City)
Net City Cost: $72,188.26
Staff Role: City staff secured artist, negotiated contract/rider/backline, managed all concert logistics internally
2025 Concert Costs (Robin Thicke):
Artist Fee: $85,350 (City $80K + VGPS $12.5K; the remaining $7,150 from VGPS is allocated toward production support)
Production Costs: $65,111 (absorbed by SoundSkilz - $0 City cost) Total City Investment: $80,000
Projected Ticket Revenue: See scenarios below (City receives 75% after Producer cost recovery)
Projected Net City Cost: See scenarios below
Staff Role: SoundSkilz secured artist, negotiated all contracts/rider/backline, managing all concert logistics
Evolution of Understanding: From Cost Recovery to Fair Partnership When Council approved the $80,000 allocation for festival headline entertainment, both staff and Council operated under the assumption the City would retain 100% of ticket revenue as direct cost recovery, similar to the 2024 LeAnn Rimes model. This seemed appropriate given the City was making the entire financial investment in the artist.

However, subsequent negotiations with SoundSkilz Entertainment and consultation with the City's event consultant have revealed a substantially different set of facts that change the cost-benefit equation:

What We Now Know:

1. SoundSkilz's Financial Investment: SoundSkilz will invest $65,111 in documented production costs. This represents real capital investment that would otherwise be City expenses, as demonstrated by the $40,000 in production costs the City paid in 2024.

2.Services Beyond Contract Scope: The concert booking, artist negotiation, rider management, and production coordination services SoundSkilz is providing are entirely outside their existing festival production contract. They are voluntarily expanding their role without any contractual obligation to do so. This Concert Production and Revenue Sharing Agreement establishes the supplemental terms for this additional work beyond the existing festival production contract.

3. Council's Guidance on Revenue Sharing: When Council approved the $80,000 investment, members specifically acknowledged that if SoundSkilz was willing to make their own financial investment in the concert, a revenue split or share would be deemed appropriate and fair.

4. Professional Ticketing Infrastructure: Unlike 2024 when the City used Tickera (which proved problematic and created customer service issues), SoundSkilz is providing access to EventHub, a sophisticated professional ticketing platform that will improve the customer experience, streamline operations, and provide better reporting and analytics.

5. Event Consultant Recommendation: After consultation with the City's event consultant, staff recommends a two-phase revenue structure protecting Producer's capital investment while ensuring City receives the majority of profit once Producer is made whole.

Given these facts—particularly SoundSkilz's $65,111 production investment, Council's previous guidance that revenue sharing would be appropriate if SoundSkilz invested their own capital, and the event consultant's recommendation—staff believes the two-phase revenue structure (Producer cost recovery, then 75/25 split) fairly compensates both parties while protecting the City's financial interests.

Context on Revenue Sharing:

In 2024, the City retained 100% of ticket revenue ($47,811.74) but paid all production costs ($40,000) and City staff managed all concert logistics. In 2025, SoundSkilz absorbs production costs and concert management, with City receiving 75% of profit after Producer cost recovery. The event consultant recommended this two-phase structure as fair and appropriate given the investment levels and responsibilities.

Revenue Structure and Projections
Ticket Pricing Structure (proposed):

Utilizing the full amphitheater capacity of 2,909 seats:
VIP Section: 120 seats @ $100
o30 complimentary (City Council, staff, official guests) o90 for sale = $9,000
Reserved Premium: 400 seats @ $75 = $30,000
Reserved Standard: 800 seats @ $60 = $48,000
General Reserved: 589 seats @ $45 = $26,505
GA Standing: 1,000 tickets @ $30
o600 complimentary for Cathedral City residents (first-come first-serve pickup at Agua Caliente ACE Club)
o400 for sale = $12,000
Total Capacity: 2,909
Total Complimentary: 780 (600 residents + 30 VIP + 150 artist/sponsor comps) Total Available for Sale: 2,129
Projected Maximum Gross Revenue: $125,505
Complimentary Ticket Allocations:
Cathedral City residents: 600 GA tickets (free pickup at Agua Caliente ACE Club) City Council and official guests: 30 VIP seats
Artist allocation: 50 complimentary tickets (per contract) Agua Caliente Casino partners: 100 complimentary tickets (per presenting sponsorship agreement)
Revenue Sharing Agreement
Proposed Structure:

After consultation with the City's event consultant and extensive negotiation with SoundSkilz Entertainment, staff proposes the following revenue sharing structure:

Revenue Distribution Formula:

1.Phase 1 - Producer Cost Recovery: Producer receives 100% of Net Ticket Revenue until they have recovered their documented production costs of $65,111

2.Phase 2 - Profit Sharing: Once Producer has recovered production costs, all additional Net Ticket Revenue shall be distributed:
a. 75% to City of Cathedral City
b. 25% to SoundSkilz Entertainment (Producer)
Rationale:

This two-phase structure provides:

1. Fair Cost Recovery: Producer invested substantial capital ($65,111 documented) in production costs that would otherwise be City expenses. Producer should be made whole for this investment before profit-sharing occurs.

2. City Priority in Profit Sharing: Once Producer recovers costs, City receives 75% of all additional revenue, reflecting City's $80,000 artist fee investment and ensuring strong taxpayer value.

3. Appropriate Risk/Reward Balance: Producer assumes financial risk by investing in production costs upfront. Cost recovery protects this investment while City receives majority share of profit.

4. Transparency and Fairness: Clear threshold based on documented production costs eliminates ambiguity and provides straightforward accounting appropriate for government operations.

5. Alignment with Council Guidance: City Council indicated that if Producer invested their own capital, revenue sharing would be appropriate. This structure ensures Producer is compensated for their investment while protecting City's financial position.

6. Event Consultant Recommendation: This model was recommended after consultation with the City's event consultant who analyzed the partnership structure and investment levels.

Example Revenue Scenarios
For illustration purposes only; actual results will vary based on ticket sales performance.

Assumes Producer Production Costs of $65,111 and City investment of $80,000.

Financial Analysis:

This revenue structure protects Producer's capital investment while ensuring City receives the majority of profit once Producer is made whole. In Scenario A (conservative 60% sell- through), City receives $6,515 in revenue. In Scenario C (sellout), City receives $43,413 in revenue, reducing net cost to $36,587 while presenting a comparable-caliber artist and transferring all concert management responsibilities to a professional producer.

In Scenario B at 80% sell-through or higher, City's net cost is significantly lower than 2024's $72,188 while eliminating $65,111 in production costs the City would otherwise bear.

Partnership with SoundSkilz Entertainment
SoundSkilz Role Beyond Contract Scope:

SoundSkilz Entertainment's current contract covers overall festival production—balloon operations, vendor management, site logistics. Booking and managing a major headline concert with a CAA-represented artist is significantly beyond their contracted scope.

SoundSkilz is voluntarily:
Securing and negotiating with major touring artists and booking agencies Investing $65,111 in concert-specific production costs Covering artist hospitality and rider requirements
Managing concert promotion and ticket sales
Absorbing financial risk associated with headline entertainment This voluntary expansion demonstrates SoundSkilz's commitment to partnership and long- term festival success. The City's only revenue participation is through ticket sales (75/25 split after Producer recovers their $65,111 production investment).

Marketing and Promotion Strategy
Announcement and Sales Timeline:
Council Approval: October 6, 2025
Public Announcement: October 7, 2025 (day after Council approval) Ticket Sales Launch: October 7, 2025 (same day as public announcement) Marketing Campaign: October 7 - November 21, 2025 (6+ weeks of promotion) Critical Timing Note: Staff requests Council approval at this meeting to enable immediate public announcement and ticket sales launch on October 7, 2025. The 6+ week advance sales window is essential to maximize ticket revenue, allow adequate time for marketing campaign execution, and meet industry standards for concert promotion timelines.

Marketing Investment:

City Marketing Budget: City will provide marketing and promotion through existing communication channels and resources
Marketing Elements:
Press release distribution to regional media outlets
Social media campaign across City and festival platforms Partnership promotion through Agua Caliente Casinos channels Email marketing to festival database (18,000+ subscribers) Digital advertising targeting Coachella Valley and surrounding regions Cross-promotion with Visit Greater Palm Springs
Tastes & Sounds series integration and cross-promotion Artist Marketing Requirements (per CAA contract):
All marketing materials require pre-approval from artist management Artist to provide social media post upon announcement
Artist to provide social media post week of show
Artist to provide 15-30 second video announcement liner No media interviews or additional promotional asks guaranteed without separate approval
Special Ticket Offers:
Agua Caliente Casino Partnership: Free ticket pickup for ACE Club members (community outreach component of presenting sponsorship) Cathedral City Residents: Priority access during ticket sales launch and potential resident discount offering
Saturday Programming: Queen Nation & Radio Ready
As promised in the Tastes & Sounds fall series programming, Saturday, November 22 will feature Queen Nation (premiere Queen tribute band) and Radio Ready. These performances are funded through the Tastes & Sounds budget allocation and represent the City's commitment to providing free, accessible community entertainment as part of the concert series that has been successful throughout 2024 and 2025.

Saturday programming maintains the festival's community-oriented approach while Friday's Robin Thicke concert provides premium ticketed entertainment that generates revenue and attracts regional visitors.

Risk Mitigation
Artist Cancellation Protection:
30-day advance notice required for cancellation
Full refund of artist fee if artist cancels (excluding force majeure) SoundSkilz is responsible for securing comparable replacement artist, if possible Ticket purchasers are entitled to full refunds, if performance is cancelled Weather Contingency:
November weather patterns historically favorable in Cathedral City Amphitheater configuration provides wind protection
Event insurance includes weather-related coverage
Decision to cancel due to severe weather made jointly by City and SoundSkilz in consultation with artist management
Ticket Sales Risk:

Conservative Projections: Revenue estimates are based on moderate ticket sales assumptions. The combination of Robin Thicke's name recognition and the festival's growing reputation provides strong confidence in meeting or exceeding projections.

Mitigation Strategies:
Early announcement and ticket sales launch (6 weeks in advance) Aggressive marketing campaign leveraging multiple channels Partnership promotion through Agua Caliente Casinos
Integration with Tastes & Sounds marketing
Resident outreach and engagement
Insurance Coverage:
Event insurance policy includes performance cancellation coverage General liability coverage for venue and event operations SoundSkilz maintains separate production insurance
All required certificates of insurance in place prior to event Community Impact
Economic Benefits:

The Hot Air Balloon Festival generates substantial economic activity throughout Cathedral City and the broader Coachella Valley. The three-day event attracts tens of thousands of visitors, creating significant economic impact across multiple sectors:

Direct Economic Activity:
Hotel room nights and lodging throughout the Coachella Valley Restaurant dining and retail spending by festival visitors Vendor revenue and local business opportunities
Regional employment (production crew, security, vendors, hospitality workers) Gas stations, grocery stores, and other service businesses benefit from increased visitor traffic
Tourism Marketing Value:
Regional and statewide media coverage raising Cathedral City's profile Social media reach extending festival brand awareness beyond the immediate region Visit Greater Palm Springs partnership promoting Cathedral City as a destination Long-term destination marketing and community visibility Positions Cathedral City as a hub for signature regional events The addition of major headline entertainment like Robin Thicke amplifies these economic benefits by attracting visitors who might not otherwise attend, extending their stay in the valley, and generating additional spending at local hotels, restaurants, and businesses throughout the weekend.

Community Engagement:

Accessible Programming:
Friday: Premium ticketed concert (Robin Thicke)
Saturday: Free community concerts (Queen Nation, Radio Ready) Weekend: Free balloon viewing, family activities, vendor markets Resident Benefits:
Priority ticket access for Cathedral City residents
Free ticket pickup opportunity through Agua Caliente partnership Multiple entertainment options at various price points (including free) Community gathering and civic pride
Partnership Development:
Continued collaboration with Agua Caliente Casinos ($40,000 presenting sponsorship)
Returning partnership with City of Rancho Mirage ($10,000) Westin Rancho Mirage expanding commitment with multiple events Visit Greater Palm Springs funding support ($12,500)
SoundSkilz Entertainment production partnership
Local vendor and nonprofit participation opportunities Total direct partner investment: $62,500+ (35% increase from 2024) Strategic Alignment
City Council Priorities:

Economic Development: The festival generates significant economic activity and positions Cathedral City as a regional destination for signature events Community Identity: The International Hot Air Balloon Festival has become synonymous with Cathedral City, building community pride and regional recognition Partnership Development: Successful public-private collaboration with Agua Caliente Casinos, Visit Greater Palm Springs, City of Rancho Mirage, Westin Rancho Mirage, and SoundSkilz Entertainment
Tourism Growth: The event attracts visitors from throughout Southern California, supporting local hospitality and retail businesses
Fiscal Responsibility: Revenue-generating programming that offsets City investment while delivering community value
Integration with Existing Programs:

Tastes & Sounds Concert Series: The merger of Tastes & Sounds programming with the Balloon Festival creates an extended entertainment celebration maximizing the return on investment for both programs.

November Entertainment Corridor:
November 4: Tastes & Sounds (Palm Springs Pride Kickoff) November 11: Tastes & Sounds (Veterans Day cookout)
November 18: Tastes & Sounds (The Dreamboats - festival launch week) November 21-23: Hot Air Balloon Festival (premium and free entertainment) This creates sustained community engagement and tourism activity throughout November. Previously Approved Appropriation: $80,000 from Special Events Fund (FY 2025-26) - approved by Council for festival headline entertainment Visit Greater Palm Springs Contribution: $12,500 toward artist fees and production support
Agua Caliente Casinos: The Agua Caliente Casinos $40,000 presenting sponsorship is reinvested into festival enhancement and does not reduce City costs Projected Net Ticket Revenue: $73,003-$121,672 (depending on ticket sales performance)
Revenue to City from Ticket Sales: $5,919-$42,421 (75% of net revenue after $65,111 Producer cost recovery)
Net Financial Impact to City: $37,579-$74,081 (City investment of $80,000 minus projected ticket revenue)
Production Costs Absorbed by Soundskilz: $65,111 (documented costs) Note: This represents significant value-in-kind contribution to the festival's success.

Additionally, SoundSkilz retains food and beverage net revenue from the event.

Sufficient funds are available in the Special Events budget as previously approved by Council. Projected ticket revenue will return to the General fund for ongoing festival operations and future programming.

FISCAL IMPACT:
Previously Approved Appropriation: $80,000 from Special Events Fund (FY 2025-26) - approved by Council for festival headline entertainment Visit Greater Palm Springs Contribution: $12,500 toward artist fees and production support
Agua Caliente Casinos: The Agua Caliente Casinos $40,000 presenting sponsorship is reinvested into festival enhancement and does not reduce City costs Projected Net Ticket Revenue: $73,003-$121,672 (depending on ticket sales performance)
Revenue to City from Ticket Sales: $5,919-$42,421 (75% of net revenue after $65,111 Producer cost recovery)
Net Financial Impact to City: $37,579-$74,081 (City investment of $80,000 minus projected ticket revenue)
Production Costs Absorbed by Soundskilz: $65,111 (documented costs) Note: This represents significant value-in-kind contribution to the festival's success.

Additionally, SoundSkilz retains food and beverage net revenue from the event.

FIVE-YEAR STRATEGIC PLAN:

Goal F: Embracing, Inclusive Community
Goal F-3: Promote additional community events and celebrations - The Balloon Festival serves as Cathedral City's premier annual community celebration, bringing together residents and visitors for three days of family-friendly entertainment Goal F-8: Focus on the Economic Development Road Map and identify pillars of success - Major events like the Balloon Festival with nationally recognized entertainment establish Cathedral City as a regional destination and support the City's tourism and economic development objectives
ATTACHMENTS:

1. Concert Production and Revenue Sharing Agreement - Robin Thicke Estimated Rider
Item Quantity Estimate Total
Production 1 $25,000.00 $25,000.00
Approx cost of sound, lighting equipment
for show. LED Wall TBD
Stage Hands 10 $400.00 $4,000.00
Backline 1 $5,500.00 $5,500.00 Verbal Quote Received for Robin Thicke Hotels 15 $149.00 $2,235.00
DJ A-One 1 $1,500.00 $1,500.00
Runners 2 $550.00 $1,100.00
City to provide 2 SUVs with drivers,
Soundskilz to provide 2 sprinters with
drivers, fuel and insurance
Meal Buyout 1 $900.00 $900.00 Meals Buyout
Hospitality 1 $1,800.00 $1,800.00 Green Room Items
Labor Cost 1 $8,500.00 $8,500.00
Security Cost 1 $3,500.00 $3,500.00
Talent Buyer 1 $8,500.00 $8,500.00
Chairs 800 $2.50 $2,000.00
Tables 24 $12.00 $288.00
Center Pieces 24 $12.00 $288.00
Estimated Production &
Rider Expense $65,111.00
TOTAL $65,111.00

CONCERT PRODUCTION AND REVENUE SHARING AGREEMENT

CATHEDRAL CITY INTERNATIONAL HOT AIR BALLOON FESTIVAL
THIS AGREEMENT is entered into as of this 6th day of October, 2025 BETWEEN:

CITY OF CATHEDRAL CITY
A California municipal corporation
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
("City")
AND:

SOUNDSKILZ ENTERTAINMENT
PO Box 891720
Temecula, CA 92589
("Producer")
COLLECTIVELY referred to as the "Parties"

RECITALS
WHEREAS, the City of Cathedral City produces the annual Cathedral City International Hot Air Balloon Festival, a three-day community event featuring hot air balloon launches, family activities, and entertainment;
WHEREAS, the City operates the Tastes & Sounds concert series, providing free and ticketed entertainment to the community throughout the year;
WHEREAS, the City Council has previously approved an $80,000 allocation from the Special Events Fund for festival headline entertainment;
WHEREAS, the City desires to present a headline concert performance featuring Robin Thicke as part of the 2025 festival on Friday, November 21, 2025; WHEREAS, Producer has expertise in concert production, artist management, and event operations;
WHEREAS, Producer has secured a performance agreement through Romeo Entertainment Group with Creative Artists Agency (CAA) for Robin Thicke for the November 21, 2025 concert date; WHEREAS, Producer is willing to make a substantial ﬁnancial investment by absorbing signiﬁcant production costs beyond their contracted scope to deliver a world-class entertainment experience; WHEREAS, the Parties wish to establish a partnership model that protects the City's ﬁnancial interests while fairly compensating Producer for their production investment and expertise; WHEREAS, the 2025 festival is experiencing record-level sponsorship investment including Agua Caliente Casinos ($40,000), City of Rancho Mirage ($10,000), Westin Rancho Mirage (Sunday event expansion), and Visit Greater Palm Springs ($12,500), with partners expecting major headline entertainment to drive attendance, tourism impact, and regional exposure; WHEREAS, after consultation with the City's event consultant, the Parties have determined that a two-phase revenue sharing structure (Producer cost recovery followed by 75/25 proﬁt split) appropriately balances Producer's capital investment with City's ﬁnancial interests; WHEREAS, the Parties wish to establish their respective responsibilities and revenue-sharing arrangements for the concert event;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

ARTICLE 1: EVENT DETAILS

1.1 Event Description
Producer shall produce a concert performance featuring Robin Thicke ("Artist") as follows:
• Event Name: Robin Thicke Live - Cathedral City Hot Air Balloon Festival Opening Night • Date: Friday, November 21, 2025
• Performance Time: 7:00 PM - 8:15 PM (approximately 75-minute performance) • Venue: Cathedral City Community Amphitheater, 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234
• Capacity: 2,909 total (VIP , reserved seating, general reserved, and GA standing) • Doors Open: 1:00 PM
• Show Start Time: 2:00 PM (festival activities)
• Artist Set Time: 7:00 PM

1.2 Purpose
This concert serves as the Friday night headline entertainment for the 11th Annual Cathedral City International Hot Air Balloon Festival. Robin Thicke was only available Friday night. The event is intended to enhance the festival's regional appeal, generate tourism, provide economic beneﬁt to the community, and deliver world-class entertainment to residents and visitors.

1.3 Programming Context
This performance is part of an expanded November entertainment schedule:
• November 4: Tastes & Sounds (Palm Springs Pride Kickoff event) • November 11: Tastes & Sounds (Veterans Day event with Rancho Mirage High School) • November 18: Tastes & Sounds (The Dreamboats - festival launch week) • November 21: Robin Thicke (Balloon Festival concert headliner - Friday night) • November 22: Queen Nation & Radio Ready (Tastes & Sounds opening night - Saturday, free programming)
• November 23: Festival closing day activities

ARTICLE 2: PRODUCER RESPONSIBILITIES AND INVESTMENT

2.1 Artist Agreement
Producer shall:
• Maintain the executed performance agreement with Romeo Entertainment Group/CAA for Artist
• Ensure Artist's performance meets professional industry standards per the CAA conﬁrmation notice
• Coordinate all Artist technical requirements, hospitality, and rider provisions • Manage Artist travel, accommodation, and ground transportation • Serve as primary liaison between Artist's management, Romeo Entertainment Group, CAA, and the City
• Pay Artist performance fee of $85,000 plus $350 airport transport buyout • Ensure Artist performs one approximately 75-minute set as speciﬁed in contract

2.2 Production Services - Producer Investment
Producer agrees to provide and pay for all of the following production services at Producer's expense, representing a substantial ﬁnancial investment beyond Producer's contracted scope with the City:

Technical Production:
• Professional sound and lighting equipment for outdoor amphitheater: $25,000 • Stage hands (10 @ $400): $4,000
• LED video screen/display
• Full staging and infrastructure
• Professional audio engineer and lighting technician
• Cost: $29,000
Backline Equipment:
• All instruments, ampliﬁers, and equipment per Artist rider speciﬁcations • Equipment rental, transportation, and setup
• Cost: $5,500
Hospitality and Catering:
• Meal buyout: $900
• Hospitality/Green Room items: $1,800
• Cost: $2,700
Hotel Accommodations:
• 15 rooms @ $149 per night (November 20-21)
• Includes suite and king rooms for artist and entourage • Cost: $2,235
Ground Transportation:
• Runners (2 @ $550): $1,100
• City to provide 2 SUVs with drivers; SoundSkilz to provide 2 sprinters with drivers, fuel and insurance
• Cost: $1,100
Golf Package:
• Up to 5 rounds of 18-hole golf at The Westin Rancho Mirage Golf Resort & Spa • Cost: Included in overall hospitality arrangements
Production Labor:
• General labor cost: $8,500
• Security personnel: $3,500
• Talent buyer/booking coordination: $8,500
• DJ A-One (opening/intermission): $1,500
• Cost: $21,500
Event-Speciﬁc Setup:
• Chairs (800 @ $2.50): $2,000
• Tables (24 @ $12): $288
• Centerpieces (24 @ $12): $288
• Cost: $2,576
Music Licensing:
• ASCAP/BMI/SESAC performance rights licensing
• Cost: Included in production costs
Ticketing Platform and Processing:
• EventHub professional ticketing platform (upgrade from 2024 Tickera system) • Online ticket sales infrastructure, box office integration, customer service • All ticketing platform fees and processing costs
• Cost: Included in production costs
TOTAL PRODUCER PRODUCTION INVESTMENT: $65,111

2.3 Acknowledgment of Producer's Financial Contribution The Parties acknowledge and agree that Producer is making a substantial ﬁnancial investment by absorbing all production costs listed in Section 2.2 above. Under standard industry practice, these costs would typically be passed through to the purchaser (City) or recovered by the producer through ticket revenue before any proﬁt-sharing. Producer's willingness to absorb these costs represents a signiﬁcant value-in-kind contribution to the festival and demonstrates Producer's commitment to a long-term partnership with the City.

Historical Context - 2024 Comparison:

In 2024, the City paid $80,000 for the LeAnn Rimes artist fee plus an additional $40,000 in production costs (sound, lights, staging, hospitality, etc.) for a total investment of $120,000. The City retained 100% of ticket revenue ($47,811.74), resulting in a net cost of $72,188.26. However, City staff were responsible for securing the artist, negotiating the contract and rider, managing all concert logistics, and absorbing all administrative burden.

In 2025, Producer is absorbing all production costs ($65,111) that the City paid in 2024, reducing the City's cash investment to $80,000 for a comparable-caliber artist. Additionally, Producer is handling all artist booking, contract negotiation, rider management, and concert logistics that were City staff responsibilities in 2024. This partnership structure delivers high-quality entertainment at lower cost to the City while fairly compensating Producer for their production investment through the two-phase revenue-sharing arrangement (cost recovery, then 75/25 proﬁt split).

2.4 Complimentary Ticket Allocation - Community Value
Producer acknowledges that the following complimentary ticket allocations represent community value and goodwill:
• Cathedral City Residents: 600 GA standing tickets (free, ﬁrst-come ﬁrst-serve pickup at Agua Caliente ACE Club)
• City Officials and VIP Guests: 30 VIP seats (for Council, staff, and official guests) • Artist Allocation: 50 complimentary tickets (per CAA contract requirement) • Agua Caliente Casino Partners: 100 complimentary tickets (per presenting sponsorship agreement)
• Producer/Production Staff: Included in above allocations Total Complimentary Tickets: 780 Tickets Available for Sale: 2,129

2.5 Quality Standards
Producer warrants that all production services will:
• Meet or exceed professional industry standards for outdoor amphitheater concerts • Comply with all applicable safety codes and regulations • Provide appropriate sound levels and quality for optimal audience experience • Present Artist in a manner consistent with Artist's touring standards and rider requirements • Satisfy all CAA contract speciﬁcations and Artist management expectations

2.6 Artist Relations and Contract Compliance
Producer shall:
• Ensure full compliance with all terms of the CAA conﬁrmation notice • Coordinate production advance with Artist's technical team • Facilitate Artist meet & greet with sponsors and City officials (maximum 30 people, 20 minutes)
• Manage all Artist marketing approval requirements
• Ensure no unauthorized photography, recording, or livestreaming • Coordinate Artist merchandise sales (Artist retains 80% soft goods, 90% recorded goods per contract)

ARTICLE 3: CITY RESPONSIBILITIES

3.1 Venue Provision
City shall:
• Provide exclusive use of Cathedral City Community Amphitheater on November 21, 2025 • Ensure venue is in good working condition with functional electrical, plumbing, and lighting systems
• Provide access to venue for load-in beginning at 8:00 AM on event day (or earlier as needed) • Provide venue security and overnight storage if required for equipment • Coordinate parking and traffic management in surrounding areas • Ensure venue meets all building, ﬁre, safety, and ADA accessibility codes

3.2 Financial Contribution
City shall pay Producer the total amount of $80,000.00 toward the Artist performance fee as follows:
• Deposit: $40,000.00 (50%) due upon execution of this Agreement • Final Payment: $40,000.00 (50%) due no later than October 23, 2025 (30 days prior to event date)
Payment shall be made by check or wire transfer to the account designated by Producer in writing.

Note: The City Council previously approved the $80,000 allocation from the Special Events Fund for festival headline entertainment. This Agreement establishes the terms for utilization of those approved funds.

3.3 Visit Greater Palm Springs Funding
City shall coordinate receipt of $12,500.00 from Visit Greater Palm Springs toward artist fees and production support.

Background on VGPS Funding: This contribution represents a strategic reallocation of funds previously budgeted by Visit Greater Palm Springs for touring the City/VGPS co-branded hot air balloon to festivals across the country. Due to ongoing legal proceedings with the previous balloon operator, the City is in the process of recovering the balloon envelope. Visit Greater Palm Springs has agreed to redirect this tourism promotion investment toward the Robin Thicke concert, recognizing that major headline entertainment generates signiﬁcant regional tourism impact and destination marketing value.

These funds shall be applied toward the artist performance fee payment to Producer and production support. The $12,500 contribution results in $7,150 available for production support beyond the artist fee.

If actual Visit Greater Palm Springs contribution differs from $12,500, Parties shall adjust ﬁnancial terms accordingly by written amendment.

3.4 Support Services
City shall provide:
• Venue operations staff for building access and support • Coordination with Cathedral City Police Department for traffic and security support • Utilities (electricity, water, restrooms) at no additional charge to Producer • Event promotion through City communication channels
• Box office facilities and infrastructure
• 2 SUVs with drivers for ground transportation

3.5 Permits and Regulatory Compliance
City shall:
• Obtain special event permit for concert activities
• Coordinate with Riverside County and state agencies as required • Ensure all municipal permitting requirements are satisﬁed • Provide accessible facilities in compliance with ADA requirements • Obtain City's event insurance policy including cancellation coverage

3.6 Marketing and Promotion
City shall be responsible for primary event marketing including:
• Press release distribution to regional media outlets
• Social media promotion across City and festival platforms • Festival website and promotional materials
• Email marketing to festival database (18,000+ subscribers) • Partnership promotion with Agua Caliente Casinos
• Cross-promotion with Tastes & Sounds concert series
• Paid advertising (digital and traditional media) as determined by City All marketing materials featuring Artist name, image, or likeness must be submitted to Producer for Artist management approval per CAA contract requirements.

ARTICLE 4: FINANCIAL STRUCTURE AND REVENUE SHARING

4.1 Total Event Investment Summary
City Investment:
• Artist fee contribution: $80,000 (previously approved by City Council from Special Events Fund)
• Venue and support services: In-kind
• Total City Cash Investment: $80,000
2024 Comparison for Context:
• 2024 Total City Investment (LeAnn Rimes): $120,000 ($80K artist + $40K production) • 2024 Ticket Revenue to City: $47,811.74 (100%)
• 2024 Net City Cost: $72,188.26
• 2025 Total City Investment (Robin Thicke): $80,000 (artist fee only) Visit Greater Palm Springs Contribution:
• Artist fee / production support: $12,500
• (Redirected from balloon touring program due to legal recovery situation) Total Available for Artist Fee and Production Support: $92,500 • Artist fee payment: $85,350
• Remaining $7,150 allocated toward production support
Producer Investment:
• Artist fee payment: $85,350 ($85,000 + $350 transport) • Production costs: $65,111 (documented costs)
• Total Producer Investment: $150,461
Total Event Budget: $150,461

4.2 Revenue Sharing Philosophy
The Parties acknowledge that:

1. Producer is making substantial production investment beyond contracted scope ($65,111 documented costs)

2. Producer should be made whole for this capital investment before proﬁt-sharing occurs

3. City Council speciﬁcally indicated that if Producer invested their own capital, revenue sharing would be appropriate

4. Once Producer recovers production costs, City should receive majority share of additional revenue reﬂecting City's $80,000 artist fee investment

5. This structure provides transparency, fairness, and appropriate risk/reward balance for both parties

6. After consultation with the City's event consultant, this two-phase model is recommended as the appropriate structure
Evolution of Understanding:

When Council approved the $80,000 allocation, both staff and Council operated under the assumption that the City would retain 100% of ticket revenue as direct cost recovery, similar to the 2024 model. However, subsequent negotiations and consultation with the City's event consultant revealed that Producer would invest $65,111 in production costs and provide professional services entirely outside their existing festival production contract. This Concert Production and Revenue Sharing Agreement establishes the supplemental terms for this additional work. This two-phase revenue structure appropriately compensates Producer for their capital investment while ensuring City receives the majority of proﬁt once Producer is made whole.

4.3 Ticket Pricing Structure
The Parties agree to the following ticket price structure utilizing the full 2,909-seat amphitheater capacity:

VIP Section: $100.00 per seat
• 120 total seats
• 30 complimentary (City Council, staff, official guests) • 90 available for sale
• Gross Revenue Potential: $9,000
Reserved Premium: $75.00 per seat
• 400 seats available for sale
• Mid-range seating with excellent sightlines
• Gross Revenue Potential: $30,000
Reserved Standard: $60.00 per seat
• 800 seats available for sale
• Quality seating throughout amphitheater
• Gross Revenue Potential: $48,000
General Reserved: $45.00 per seat
• 589 seats available for sale
• Back amphitheater seating
• Gross Revenue Potential: $26,505
GA Standing: $30.00 per ticket
• 1,000 total tickets
• 600 complimentary for Cathedral City residents (ﬁrst-come ﬁrst-serve pickup at Agua Caliente ACE Club)
• 400 available for sale
• Festival lawn and designated viewing areas
• Gross Revenue Potential: $12,000
Total Capacity: 2,909 Total Tickets for Sale: 2,129 Total Complimentary: 780 (600 residents + 30 VIP + 150 artist/sponsor comps) Maximum Gross Revenue Potential: $125,505 Pricing may be adjusted by mutual written agreement of both Parties based on market conditions and sales performance.

4.4 Ticket Sales and Distribution
• Primary ticketing through EventHub professional platform (provided by Producer) • Online sales and box office sales
• Mobile ticketing and print-at-home options available
• ADA accessible seating reservations
• Cathedral City residents: 600 free GA tickets via Agua Caliente Casino ACE Club pickup

4.5 Complimentary Tickets
The following complimentary ticket allocations shall be provided:
• Cathedral City Residents: 600 GA standing tickets (free pickup at Agua Caliente ACE Club) • City Officials and VIP Guests: 30 VIP seats
• Artist Allocation: 50 complimentary tickets (per CAA contract requirement) • Agua Caliente Casinos: 100 complimentary tickets (per presenting sponsorship agreement)
Total Complimentary Tickets: 780
All complimentary tickets reduce the net revenue pool proportionally based on their ticket tier value.

4.6 Revenue Calculation Methodology
Gross Ticket Revenue = Total paid ticket sales at face value Deductions:
• Refunds and chargebacks (if any)
• Note: All ticketing platform fees and processing costs are absorbed by Producer as part of their production investment
Net Ticket Revenue = Gross Ticket Revenue minus all Deductions above

4.7 Revenue Distribution Formula
All Net Ticket Revenue (as calculated in Section 4.6 above) shall be distributed in two phases:

Phase 1 - Producer Cost Recovery: Producer shall receive 100% of Net Ticket Revenue until Producer has recovered their actual documented production costs of $65,111.

Phase 2 - Proﬁt Sharing: Once Producer has been fully reimbursed for production costs, all additional Net Ticket Revenue shall be distributed:
• 75% to City of Cathedral City
• 25% to SoundSkilz Entertainment (Producer)
Rationale for Two-Phase Structure:
• Fair Cost Recovery: Producer invested substantial capital upfront that would otherwise be City expenses; Producer should be made whole before proﬁt-sharing • City Priority in Proﬁt: Once Producer recovers costs, City receives 75% of additional revenue, reﬂecting City's $80,000 investment and ensuring strong taxpayer value • Risk/Reward Balance: Producer assumes ﬁnancial risk with upfront capital; cost recovery protects this investment while City receives majority proﬁt share • Transparency: Clear threshold based on documented costs provides straightforward accounting appropriate for government operations
• Council Guidance: Aligns with Council's indication that revenue sharing would be appropriate if Producer invested their own capital
• Event Consultant Recommendation: This model recommended after consultation with City's event consultant

4.8 Example Revenue Scenarios
For illustration purposes only; actual results will vary based on ticket sales performance. Assumes Producer Production Costs of $65,111 and City investment of $80,000.

Financial Analysis:

This revenue structure protects Producer's capital investment while ensuring City receives the majority of proﬁt once Producer is made whole. In all scenarios, the City receives substantial revenue participation:
• Conservative (60% sell-through): City receives $6,515, net cost $73,485 • Strong (80% sell-through): City receives $24,964, net cost $55,036

• Sellout (100%): City receives $43,413, net cost $36,587 At 80% sell-through or higher, City's net cost is signiﬁcantly lower than 2024's $72,188 while presenting a comparable artist and transferring all concert management to a professional producer.

4.9 Revenue Reconciliation and Payment
Producer shall provide:
• Weekly ticket sales reports during sales period
• Detailed complimentary ticket tracking and valuation
• Complete documentation of actual production costs incurred (receipts, invoices, contracts)
• Final revenue reconciliation within 10 business days following the event • Complete accounting of gross sales, deductions, net revenue, and cost recovery calculation
Final revenue distribution payment shall be calculated and paid within 30 days of event date, based on documented production costs and actual ticket revenue.

If City receives revenue proceeds directly from ticket sales, City shall remit Producer's share within 30 days of ﬁnal reconciliation based on documented costs.

If Producer receives revenue proceeds directly from ticket sales, Producer shall remit City's share (75% of proﬁt after cost recovery) within 30 days of ﬁnal reconciliation with supporting documentation.

ARTICLE 5: ANCILLARY REVENUE STREAMS

5.1 Beverage and Concession Sales
Producer retains 100% of all revenue from:
• Beer, wine, and non-alcoholic beverage sales
• Food vendor fees, commissions, and revenue sharing
• Concession operations
Estimated food and beverage revenue: $8,000-$12,000+ (retained by Producer to help offset production costs)

5.2 Merchandise Sales
Artist Merchandise:
• Artist retains 80% of soft goods merchandise sales (per CAA contract) • Artist retains 90% of recorded goods (CDs, vinyl, etc.) • Venue/Producer manages sales operations
• All Artist merchandise revenue goes to Artist per industry standard Festival Merchandise:
• Producer retains 100% of Cathedral City and Hot Air Balloon Festival branded merchandise Producer/Event Merchandise:
• Producer may sell event-speciﬁc merchandise
• Producer retains 100% of revenue

5.3 Sponsorship Revenue
Agua Caliente Casinos Presenting Sponsorship:
• $40,000 presenting sponsorship is reinvested directly into festival enhancement, including marketing, promotional activities, special events, elevated programming, and overall production quality
• This sponsorship does not reduce City costs or contribute to City revenue recovery • Logo placement on tickets, marketing materials, and venue signage per existing agreement Concert-Speciﬁc Sponsorships:
• Additional sponsorships secured speciﬁcally for Robin Thicke concert (beyond existing Agua Caliente agreement)
• Revenue: 100% to City for cost recovery
• Both Parties may pursue concert-speciﬁc sponsorships with coordination and mutual approval
Note: City's revenue participation in this concert event consists of: (1) ticket sales (75/25 split after Producer cost recovery), and (2) concert-speciﬁc sponsorships secured for the Robin Thicke headline performance.

5.4 VIP Experiences and Premium Packages
Producer may offer enhanced VIP packages including:
• Meet & greet with Artist (subject to Artist availability and approval per CAA contract - maximum 30 people, 20 minutes)
• Photo opportunities with Artist (if approved)
• Enhanced hospitality and premium amenities
• Backstage access or tour experiences
VIP package revenue (beyond base ticket price): 100% to Producer All VIP offerings must comply with CAA contract restrictions and receive Artist management approval.

ARTICLE 6: MARKETING, PROMOTION, AND ARTIST REQUIREMENTS

6.1 Marketing Timeline
• Public Announcement: October 7, 2025 (subject to Artist management approval) • Ticket Sales Launch: October 7, 2025
• Marketing Campaign Period: October 7 - November 21, 2025

6.2 Artist Marketing Approval Requirements (per CAA Contract) CRITICAL COMPLIANCE PROVISIONS:

All of the following require pre-approval from Artist management, Artist's representatives, or CAA in writing:
• Any usage of Artist's name, image, or likeness in marketing materials • Press releases and media announcements
• Advertising and promotional materials (digital and print) • Social media posts featuring Artist
• No announce or on-sale permitted without CAA approval

6.3 Marketing Asset Procurement
• City/Producer must contact Brian Kerwick ([email protected] / +1 212-556-6682) for all pre-approved assets
• All localized promotional materials must be sent to Brian Kerwick for review and ﬁnal approval
• Any discounting (Groupon, etc.), dynamic pricing, ﬂex pricing, or premium pricing requires written approval from Artist/CAA

6.4 Artist Social Media Commitments (per CAA Contract)
Artist shall provide:
• One social media post upon show announcement (on all Artist social media platforms) • One social media post during week of show
• One 15-30 second video announcement liner
These deliverables are subject to Artist's schedule availability and are requests rather than contractual obligations unless speciﬁcally conﬁrmed by Artist management.

6.5 Media and Promotional Requests
Per CAA Contract: No marketing or media deliverable asks can be conﬁrmed contractually without prior written approval from Artist/CAA. This includes:
• Ad-promo requests
• Media inquiries and press interviews
• On-site promotional asks
• Radio or video liners beyond the one conﬁrmed video liner All such asks are requests only and Artist is not obligated to participate unless pre-approved in writing.

6.6 Photography and Recording Policy (per CAA Contract) Strictly Prohibited Without Pre-Approval:
• Professional photography
• Audio recording
• Video recording
• Live streaming
• Live broadcasts or webcasts
If City/Producer requests to take photos/videos/recordings, must abide by Artist's photo/video/recording policy and obtain written pre-approval from Artist management/CAA before any dissemination.

Artist/Company has the right to require City/Producer to immediately remove any content embodying Artist upon reasonable request.

City/Producer shall take reasonable measures to ensure patron compliance with no-recording policy on cell phones and recording devices.

6.7 Billing and Promotional Credits
• Artist receives 100% Top Headline Billing and will close the show • No other artist or performer may be billed above or equal to Artist • All promotional materials must reﬂect Artist as sole headliner for Friday performance

6.8 Show-Speciﬁc Sponsor Restrictions
Per CAA contract: No show-speciﬁc sponsor is permitted without prior written approval by Artist management.

Agua Caliente Casinos presenting sponsorship for overall festival is approved. Any concert-speciﬁc sponsor must be submitted for Artist approval.

ARTICLE 7: INSURANCE AND LIABILITY

7.1 Producer Insurance Requirements
Producer shall obtain and maintain the following insurance coverage:

General Liability Insurance:
• Minimum coverage: $2,000,000 per occurrence / $4,000,000 aggregate • Coverage for bodily injury, property damage, and personal injury • City of Cathedral City named as additional insured
Workers' Compensation Insurance:
• As required by California law for all Producer employees and subcontractors • Minimum statutory limits
Equipment Coverage:
• All-risk coverage for production equipment, instruments, and gear • Minimum coverage equal to replacement value
Certiﬁcate of Insurance:
• Producer shall provide Certiﬁcate of Insurance to City at least 14 days prior to event date • Certiﬁcate shall name City of Cathedral City as additional insured • Certiﬁcate shall conﬁrm coverage is primary and non-contributory

7.2 City Insurance
City shall maintain:
• General liability coverage for venue and municipal event operations • Special event insurance including cancellation and weather coverage • Property insurance for venue and facilities
Per CAA Contract: City does not list Artist or Artist's parties as additional insured, and Artist will not list City as additional insured (mutually agreed).

7.3 Independent Contractor Status
Producer is an independent contractor, not an employee or agent of City. Producer is responsible for all taxes, workers' compensation, beneﬁts, and employment obligations for Producer's employees and subcontractors.

Per CAA Contract: The parties are acting as independent contractors and not as partners, co- venturers, joint venturers, or in an employee-employer relationship.

7.4 Indemniﬁcation
Producer Indemniﬁcation: Producer shall indemnify, defend, and hold harmless City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses (including attorney's fees) arising out of or resulting from Producer's negligent acts or omissions in performance of this Agreement, except to the extent caused by City's negligence or willful misconduct.

City Indemniﬁcation: City shall indemnify, defend, and hold harmless Producer, its officers, employees, and agents from and against all claims, damages, losses, and expenses (including attorney's fees) arising out of or resulting from City's negligent acts or omissions in performance of this Agreement, except to the extent caused by Producer's negligence or willful misconduct.

ARTICLE 8: CANCELLATION AND FORCE MAJEURE

8.1 Artist Cancellation
Per CAA Contract: There are no cancellation privileges for this contract by either party unless such cancellation is due to material breach of contract, force majeure, or inclement weather.

If Artist cancels the performance for reasons other than force majeure or material breach:
• Producer shall refund 100% of City's payments ($80,000) within 15 days • Producer shall use commercially reasonable efforts to secure comparable replacement artist
• If replacement artist is secured at different cost, Parties shall negotiate amended terms in good faith
• City may elect to cancel event and receive full refund rather than accept replacement

8.2 City Cancellation
If City cancels this Agreement without cause:
• City must provide written notice as soon as practicable • If cancellation occurs more than 60 days prior to event: City pays $20,000 cancellation fee • If cancellation occurs 30-60 days prior to event: City pays $40,000 cancellation fee (50% of investment)
• If cancellation occurs less than 30 days prior to event: City pays full $80,000 (100% of investment)
Producer shall use reasonable efforts to mitigate damages and shall refund any amounts recoverable from Artist cancellation.

8.3 Force Majeure
Neither Party shall be liable for failure to perform due to causes beyond reasonable control, including but not limited to:
• Acts of God (earthquake, ﬂood, ﬁre, severe weather)
• Natural disasters making performance unsafe or impossible • Pandemic, epidemic, or public health emergency
• Government orders, restrictions, or venue closure mandates • Artist illness, injury, or death
• Venue damage or unavailability
• Terrorism or threat of terrorism
• War or civil unrest

8.4 Inclement Weather
Per CAA Contract: Cancellation language follows CAA/REG pre-negotiated terms for weather cancellations.
• Performance is outdoor event subject to weather conditions • Light rain or moderate wind does not constitute grounds for cancellation • Severe weather making performance unsafe for artists, crew, or patrons may warrant cancellation
• Decision to cancel due to severe weather shall be made jointly by both Parties in consultation with Artist management and venue management • Decision should be made as early as practicable, ideally no later than 2 hours before doors open
Weather Cancellation Procedures:
• If cancelled due to severe weather, all ticket purchasers receive full refunds • City and Producer negotiate equitable distribution of non-recoverable costs • Neither Party liable for consequential damages due to weather cancellation

8.5 Event Postponement
If event is postponed to alternate date:
• If alternate date secured within 90 days, this Agreement remains in effect with modiﬁed date
• Artist must approve alternate date (subject to Artist availability) • All terms remain the same unless modiﬁed by mutual written agreement • If alternate date cannot be secured within 90 days, event deemed cancelled per force majeure
Ticket holders entitled to refund or exchange for rescheduled date, at their option.

ARTICLE 9: TERM AND TERMINATION

9.1 Agreement Term
This Agreement is effective upon execution by both Parties and continues through:
• Event completion on November 21, 2025
• Final revenue reconciliation and production cost documentation • Final payment distribution (approximately 30 days post-event) Full term estimated at approximately 60 days from execution through ﬁnal settlement.

9.2 Termination for Material Breach
Either Party may terminate this Agreement for material breach by the other Party, provided:

1. Written Notice: Breaching Party receives written notice specifying the material breach

2. Cure Period: Breaching Party has 10 business days to cure the breach

3. Termination: If breach is not cured within cure period, non-breaching Party may terminate upon written notice
Material breaches include:
• Failure to make required payments when due
• Failure to provide agreed-upon production services or venue access • Violation of Artist contract terms creating liability exposure • Failure to maintain required insurance coverage
• Misrepresentation of material facts
• Failure to provide adequate documentation of production costs

9.3 Consequences of Termination
Upon termination for cause:
• Breaching Party liable for all damages and costs incurred by non-breaching Party • Non-breaching Party entitled to recover attorney's fees and costs • Any payments made may be retained by non-breaching Party as damages

9.4 Survival
The following provisions survive termination or expiration of this Agreement:
• Payment obligations
• Revenue reconciliation and distribution
• Indemniﬁcation obligations
• Conﬁdentiality provisions
• Dispute resolution procedures

ARTICLE 10: ADDITIONAL PROVISIONS

10.1 Conﬁdentiality
Per CAA Contract: All terms are strictly conﬁdential.

Both Parties agree to maintain conﬁdentiality of:
• Financial terms and revenue sharing arrangements
• Artist fee and contract terms
• Production costs and budgets
• Ticket sales data (except as required for reporting or reconciliation) • Proprietary business information
Exceptions: Information may be disclosed as required by law, court order, or for reporting to government agencies.

10.2 Entire Agreement and Amendments
This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.

This Agreement may only be modiﬁed by written amendment signed by authorized representatives of both Parties.

No oral modiﬁcations or course of dealing shall modify the terms herein.

10.3 Assignment and Delegation
Neither Party may assign this Agreement or delegate its obligations without prior written consent of the other Party, except:
• Producer may subcontract production services while remaining liable for performance • City may assign to successor municipal entity
Any attempted assignment without consent is void.

10.4 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conﬂicts of law principles.

Any disputes arising under this Agreement shall be resolved in the courts of Riverside County, California, and the Parties consent to jurisdiction and venue in such courts.

10.5 Dispute Resolution
Prior to initiating litigation, the Parties agree to:

1. Good Faith Negotiation: Attempt to resolve disputes through good faith negotiation between City Manager and Producer's authorized representative

2. Mediation: If negotiation unsuccessful within 30 days, participate in non-binding mediation with mutually agreed mediator

3. Litigation: If mediation unsuccessful, either Party may pursue remedies in Riverside County Superior Court
This provision does not limit either Party's right to seek injunctive relief for immediate and irreparable harm.

10.6 Notices
All notices, demands, or communications required or permitted under this Agreement shall be in writing and delivered by:
• Personal delivery
• Certiﬁed mail, return receipt requested
• Overnight courier service (FedEx, UPS)
• Email (with conﬁrmation of receipt)
Notices to City:

Interim City Manager
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Email: [email protected]
Notices to Producer:

Steve Clayton, President & Founder
SoundSkilz Entertainment
PO Box 891720
Temecula, CA 92589
Email: [email protected]
Phone: (951) 712-9709
Notices are deemed received:
• Personal delivery: upon delivery
• Certiﬁed mail: 3 business days after mailing
• Overnight courier: next business day
• Email: upon conﬁrmation of receipt

10.7 Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modiﬁed to the minimum extent necessary to make it enforceable, or if not possible, severed from this Agreement.

All remaining provisions shall continue in full force and effect.

10.8 Waiver
No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.

Failure of either Party to enforce any provision shall not be construed as waiver of the right to enforce such provision in the future.

10.9 Counterparts and Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement.

Electronic signatures and PDF signatures shall have the same legal effect as original signatures.

10.10 Authority to Execute
Each Party represents and warrants that:
• The individual executing this Agreement has full authority to bind the Party • The Party has taken all necessary actions to authorize execution • Execution and performance do not violate any other agreements or obligations

10.11 Third-Party Beneﬁciaries
This Agreement is for the sole beneﬁt of the Parties and their permitted successors and assigns. No third party shall have any rights under this Agreement, except as expressly provided herein.

10.12 Compliance with Laws
Both Parties shall comply with all applicable federal, state, and local laws, regulations, and ordinances in performance of this Agreement, including but not limited to:
• Labor and employment laws
• Health and safety regulations
• Entertainment licensing requirements
• ADA accessibility requirements
• California Public Records Act (for City)
• Tax and business licensing requirements

ARTICLE 11: SPECIAL PROVISIONS

11.1 Artist Meet & Greet (per CAA Contract)
Producer shall coordinate Artist meet & greet with sponsors and City officials per the following speciﬁcations:
• Maximum 30 people
• Maximum 20 minutes duration
• Per Artist's speciﬁcations and advance approval
• No tickets may be sold with meet & greet attached
• Subject to Artist availability and approval

11.2 Prohibited Activities (per CAA Contract)
The following are strictly prohibited:
• Poster or ﬂyer autograph-signing sessions with Artist • Sale of tickets with autograph-signing attached
• Any commercial use of Artist's image or likeness without approval • Recording or photography without written pre-approval

11.3 Performance Speciﬁcations (per CAA Contract)
• Artist shall perform one approximately 75-minute set
• Performance length at Artist's discretion
• Repertoire at Artist's sole discretion
• Artist to receive 100% top headline billing
• Artist will close the show

11.4 Open to All Ages (per CAA Contract)
Engagement is open to all ages. No age restrictions for attendance.

11.5 Producer Contact Information
Production Contact:

Gary Stalling
Email: [email protected]
Phone: (951) 712-9709
Business Contact:

Steve Clayton, President & Founder
Email: [email protected]
Phone: (951) 712-9709

SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date ﬁrst written above.

CITY OF CATHEDRAL CITY
By: ___________________________________
Name: Anne Ambrose
Title: Interim City Manager
Date: _________________________________
APPROVED AS TO FORM:

By: ___________________________________
Name: Eric Vail
Title: City Attorney
Date: _________________________________

SOUNDSKILZ ENTERTAINMENT
By: ___________________________________
Name: Steve Clayton
Title: President & Founder
Date: _________________________________

ACKNOWLEDGMENT
The Parties acknowledge that they have read this Agreement, understand its terms, and agree to be bound by its provisions. The Parties further acknowledge that this Agreement represents a fair and equitable partnership that balances the City's ﬁnancial interests with appropriate compensation for Producer's substantial production investment ($65,111) and expertise through a two-phase revenue structure: Producer cost recovery followed by 75/25 proﬁt split favoring City.

Cathedral City City CouncilOctober 6, 2025

Cathedral City City Council
October 6, 2025