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17 GEORGE
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Parking Lot
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4 5
6 18
Staff Report
City Council
Item No. 5.B
Meeting Date: May 27, 2026
From: John A. Corella, Director of Public Works
Title: Award Construction Contract and Construction Engineering Support Services Agreement for the Highway Safety Improvement Program (HSIP) Cycle 11A, 18 Unsignalized Intersection Upgrades Project (C08754)
RECOMMENDATION:
To:
Award a construction contract to LC Paving & Sealing, Inc., in the amount of $1,470,710.25 for the Highway Safety Improvement Program (HSIP) Cycle 11A, 18 Unsignalized Intersection Upgrades Project (C08754); and, Award a professional services agreement to NV5, Inc. in the amount of $84,923.22 for professional construction engineering support services for this project; and, Approve a total construction budget in the amount of $1,716,196.82, which includes a 10% contingency and on-call administrative support services for state-funded project requirements; 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 intended to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-state-owned public roads and roads located on tribal land. The HSIP was established under the Federal Surface Transportation Act in August 2005.
The California local HSIP program provides funding for local highway safety improvement projects through a biennial call-for-projects cycle. The timing and size of each funding cycle are determined based on available program apportionments, Federal Transportation Improvement Program (FTIP) capacity, and delivery of existing HSIP Projects.
The California Department of Transportation (Caltrans), Division of Local Assistance (DLA) administers California’s local agency share of HSIP funds. California’s Local HSIP prioritizes 1 infrastructure projects with nationally recognized crash reduction factors (CRF). Projects are ranked based on crash severity, crash potential, crash rate, or other data-supported evaluation methods.
On June 25, 2021, the city completed the Local Roadway Safety Plan (LRSP) which provides a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads. Adoption of an LRSP or equivalent safety plan is required for local agencies applying for HSIP funding.
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 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 18 Unsignalized Intersection Upgrades Project (HSIP Cycle 11A), the total estimated project cost was $1,452,100.00. Of this amount, the city was originally awarded $1,306,890.00 (90%) in HSIP funding, with the remaining $145,210.00 (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 under the HSIP Cycle 11A project include the installation of ADA compliant ramps and pedestrian crossings, LED safety lighting, LED flashing stop signs, high visibility crosswalk striping, rectangular rapid flashing beacons (RRFBs), conventional flashing beacons, and advanced warning pavement markings and signs.
The 18 intersections were identified based on the safety strategies and countermeasures included in the city’s LRSP. The intersections were categorized under the following countermeasures: NS01 – Add Intersection Lighting; NS20PB – Install Pedestrian Crossings at Uncontrolled Locations; and NS21PB – Install/Upgrade Pedestrian Crossings with Enhanced Safety Features. A vicinity map of the proposed intersections is included as Attachment 1.
In February 2024, Caltrans authorized funding for the preliminary engineering (PE) phase of the project. In October 2024, the City Council awarded a professional services agreement to Kimley-Horn and Associates, Inc., to prepare the plans, specifications, estimates (PS&E), right-of-way, and environmental documents required for the project. The PE phase was completed in August 2025, and Caltrans subsequently authorized the construction funding in November 2025, allowing the city to proceed with construction bidding.
Engineering staff advertised an invitation to bid in December 2025 and opened four (4) bid proposals in January 2026. After review of the bids received, staff determined the two (2) lowest bids were non-responsive and the remaining bid amounts exceeded the approved HSIP funding allocation. As a result, staff recommended rejection of all bids at the January 28, 2026, City Council meeting.
Engineering staff re-advertised the project in February 2026 and opened two (2) bid proposals later that month. The second bid opening resulted in construction costs significantly exceeding both the engineers’ estimate prepared during the PS&E phase and the construction funding amount allocated by Caltrans. In response to the increased 2 construction costs, engineering staff submitted a cost change request to Caltrans for additional construction funding. Caltrans approved an additional $300,000.00 in construction funding in April 2026, and the allocation request for the additional funds was subsequently approved on May 6, 2026.
DISCUSSION:
Request for Qualifications/Proposals for Construction Engineering Support Services The HSIP Cycle 11 grant application included funds for Construction Engineering (CE) support services to ensure the project complies with all applicable state-funded requirements during construction. The CE support services tasks include construction management, labor compliance monitoring and enforcement, inspection, and material testing.
Engineering staff solicited a Request for Qualifications/ Proposals (RFQ/P) for CE support services for the HSIP 11A Project. The RFQ/P was advertised in the Desert Sun on September 4, 2025, and posted on the city’s website from September 4, 2025, to September 25, 2025. The RFQ/P was made available to consultants for twenty-one (21) calendar days.
Proposals for CE support services were received from the following four (4) consultant companies:
Fountainhead Consulting Corporation Fontana, CA
NV5, Inc. Palm Desert, CA
RT Engineering & Associates, Inc. San Bernardino, 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 (3) staff members from the Public Works Department, and one (1) staff member from the Planning Department. The panel determined that all consultant companies submitted responsive proposals and demonstrated the qualifications and experience necessary to perform the required services for the project.
The rating summary of the panel’s review is attached to this report.
Based on the evaluation results, the proposal submitted by NV5, Inc. (NV5) received the highest overall rating from the evaluation panel. NV5 demonstrated a clear understanding of the project requirements and provided assurance that the CE support services would be completed efficiently and in compliance with applicable state and federal requirements.
Following completion of the qualifications-based evaluation process, the sealed cost proposal submitted by NV5 was opened and reviewed in accordance with state and federal procurement requirements. Engineering staff determined that NV5’s cost proposal is within the funding allocated through the HSIP grant for CE support services.
Construction Bid Process
On February 1, 2026, the city advertised an invitation to bid, requesting qualified contractors to construct the improvements identified in Bid No. B25-105E. The bid package included the approved plans, specifications, and contract documents for the project. The solicitation 3 period remained open for sixteen (16) calendar days and advertised through the following outlets:
Desert Sun - Published on February 1, 2026
PlanIt Print Works – From January 30, 2026, until February 17, 2026 City’s Website - From January 30, 2026, until February 17, 2026 On February 17, 2026, the city received two (2) bid proposals for this project. The following table ranks each qualified bidder by the total base bid amount.
RANK CONTRACTOR AMOUNT
1 LC Paving & Sealing, Inc. (Escondido, CA) $ 1,470,710.25 2 Elecnor Belco Electric, Inc. (Chino, CA) $ 1,488.888.00 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 LC Paving & Sealing, Inc. from Escondido, CA.
City staff recommend the City Council to:
Award a construction contract to LC Paving & Sealing, Inc., in the amount of $1,470,710.25 for the Highway Safety Improvement Program (HSIP) Cycle 11A, 18 Unsignalized Intersection Upgrades Project (C08754); and, Award a professional services agreement to NV5, Inc. in the amount of $84,923.22 for professional construction engineering support services for this project; and, Approve a total construction budget in the amount of $1,716,196.82, which includes a 10% contingency and on-call administrative support services for state-funded project requirements; 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 July 2026 and is estimated to be completed by November 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 original HSIP Cycle 11A grant includes funding for preliminary engineering (PE), construction engineering services (CE) and construction (CON), in the amount of $1,306,890.00. Due to the increased construction costs identified during the bidding process, 4 Caltrans approved and allocated an additional $300,000.00 in construction funding in April 2026, thereby bringing the total grant amount to $1,606,890.00.
The PE phase has been completed, leaving an available HSIP grant balance of $1,404,390.00 for the CE and CON phases of the project, as shown below.
Construction (CON) $ 1,260,390.00
Construction Engineering (CE) $ 144,000.00
HSIP Grant Balance $ 1,404,390.00
FY 2025-2026 CIP Biennial Budget
The project is included in the FY 2025-2026 Capital Improvement Program (CIP) with an estimated programmed budget in the amount of $1,425,000.00. The adopted CIP does not include the additional $300,000.00 in HSIP funding approved by Caltrans in May 2026 for the construction of the project.
Construction Budget
The construction bid amount submitted by LC Paving & Sealing, Inc. is in the amount of $1,470,710.25. In addition, CE support services to be provided by NV5, Inc. are estimated at $84,923.22, bringing the total construction contract costs to $1,555,633.47, as shown below.
Construction Bid Amount (LC Paving & Sealing, Inc.) $ 1,470,710.25 Construction Engineering Services (NV5, Inc.) $ 84,923.22 Construction Contract Costs $ 1,555,633.47
Staff recommend approval of a 10% contingency in the amount of $155,563.35 to address potential unforeseen construction conditions. Staff also recommend including $5,000.00 for administrative support services related to state-funded project requirements to be provided by NAI Consulting, Inc. (city’s on-call consultant for administrative support services on federal and state funded projects).
The total construction budget is summarized below:
Construction Contract Costs $ 1,555,633.47
10% Contingency $ 155,563.35
Administrative Support Services (NAI Consulting, Inc.) $ 5,000.00 Total Construction Budget $ 1,716,196.82
Proposed Funding Sources
City staff propose using HSIP grant funds in the amount of $1,404,390.00 toward the project.
The remaining balance of $311,806.82 is proposed to be funded using available Traffic Safety Funds, which will satisfy the city’s required local match and cover additional project costs exceeding the available HSIP grant funding.
The following table summarizes the budget allocations for the Construction Engineering support services of the project.
5 FISCAL YEAR DESCRIPTION
GENERAL
LEDGER
ACCOUNT
CODES
PROJECT
CODE AMOUNT ONE TIME or
ONGOING
2026-2027 HSIP Funds
(Grant)
331-100-150-
156-8800-8802 C08754 $1,404,390.00 ONE TIME
2026-2026
Traffic Safety
Funds
(Local Match)
233-100-150-
156-8800-8802 C08754 $311,806.82 ONE TIME
2026-2027 Total $1,716,196.82
FIVE-YEAR STRATEGIC PLAN:
Goal B: Community Investment
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.
ATTACHMENTS:
1. HSIP 11A – Project Vicinity Map
2. HSIP 11A – Bid Tabulation
3. HSIP 11A – LC Paving & Sealing, Inc. Contract
4. HSIP 11A – CE Evaluations and Ranking
5. HSIP 11C – NV5 Work Proposal
6. HSIP 11C – NV5 Cost Proposal
7. HSIP 11C – NV5 Professional Services Agreement
6 VICINITY/LOCATION MAP
LEGEND: VICINITY MAPLOCATION MAP
2022 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 11 ATTACHMENT 1
NS01: ADD INTERSECTION LIGHTING (NS.I.)
NS20PB: INSTALL PEDESTRIAN CROSSING AT UNCONTROLLED LOCATIONS (SIGNS AND MARKINGS ONLY) NS21PB: INSTALL/UPGRADE PEDESTRIAN CROSSING AT UNCONTROLLED LOCATIONS (WITH ENHANCED SAFETY FEATURES)
CITY OF CATHEDRAL CITY
HSIP Cycle11A
7 City of Cathedral City
HSIP 11A: 18 Unsignalized Intersection Upgrades
Bid Analysis / Tabulation
02/17/2026
1 Mobilization/Demobilization LS 1 25,000.00$ 25,000.00 $ 135,000.00 $ 135,000.00 $ 2 Surveying and Construction Staking LS 1 30,000.00$ 30,000.00 $ 31,000.00 $ 31,000.00 $ 3 Clearing and Grubbing LS 1 10,000.00$ 10,000.00 $ 42,000.00 $ 42,000.00 $ 4 Traffic Control LS 1 10,000.00$ 10,000.00 $ 71,000.00 $ 71,000.00 $ 5 Stormwater And Non-Stormwater Pollution Control LS 1 10,000.00$ 10,000.00 $ 8,500.00 $ 8,500.00 $ 6 Fugitive Dust Control LS 1 10,000.00$ 10,000.00 $ 18,500.00 $ 18,500.00 $ 7 Sawcut and Remove AC to Subgrade SF 1560 7.00$ 10,920.00$ 5.50 $ 8,580.00$ 8 Sawcut, Remove and Dispose of Concrete Surfacing
(Ramp,Sidewalk, Spandrel and Cross Gutter) SY 1725 35.00$ 60,375.00$ 48.00 $ 82,800.00$ 9 Sawcut, Remove and Dispose of
Existing Curb/Curb & Gutter LF 210 22.00$ 4,620.00$ 37.50 $ 7,875.00$ 10 Remove and Salvage Existing Sign and Post EA 31 100.00$ 3,100.00 $ 83.50 $ 2,588.50$ 11 Remove Existing Fence LF 60 10.00$ 600.00 $ 44.50 $ 2,670.00$ 12 Remove and Salvage Existing Fence and Gates LF 60 27.00$ 1,620.00$ 39.50 $ 2,370.00$ 13 Remove and Salvage Existing Pavers SF 135 7.00$ 945.00$ 18.00 $ 2,430.00$ 14 Remove Existing Conflicting Striping and
Pavement Marking LS 1 10,000.00$ 10,000.00 $ 39,250.00 $ 39,250.00 $ 15 Remove Existing RRFB and/or Push Button Assembly EA 5 1,200.00$ 6,000.00 $ 800.00 $ 4,000.00 $ 16 Remove Existing Flashing Beacon Assembly EA 2 1,200.00$ 2,400.00 $ 5,350.00 $ 10,700.00 $ 17 Remove Existing Luminaire and Mast Arm EA 2 1,200.00$ 2,400.00 $ 800.00 $ 1,600.00 $ 18 Remove and Salvage Existing pole, Luminaire,
Mast Arm and Foundation EA 1 5,000.00$ 5,000.00 $ 6,350.00 $ 6,350.00 $ 19 Adjust to Grade and/or Relocate Sign and Post EA 2 200.00$ 400.00 $ 800.00 $ 1,600.00 $ 20 Adjust to Grade Street Light Pull Box EA 2 1,300.00$ 2,600.00 $ 800.00 $ 1,600.00 $ 21 Construct 6" Curb and Gutter LF 160 50.00$ 8,000.00$ 47.50 $ 7,600.00$ 22 Construct 6" Median Curb LF 12 50.00$ 600.00 $ 189.00 $ 2,268.00 $ 23 Construct Curb Transition LF 50 50.00$ 2,500.00$ 70.00 $ 3,500.00$ 24 Construct 4" Thick PCC Sidewalk SF 5775 13.00$ 75,075.00$ 9.50 $ 54,862.50$ 25 Construct Concrete Spandrel/Cross Gutter SF 2580 20.00$ 51,600.00$ 17.25 $ 44,505.00$ 26 Construct Curb Ramp and Detectable Warning Surface EA 45 5,500.00$ 247,500.00$ 3,600.00 $ 162,000.00$ 27 Construct Driveway SF 300 30.00$ 9,000.00$ 16.00 $ 4,800.00$ 28 Install Detectable Warning Surface SF 30 50.00$ 1,500.00$ 144.00 $ 4,320.00 $ BASE BID SCHEDULE : HSIP 11A
Engineer Estimate
UNIT COST TOTAL ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL LC Paving & Sealing, Inc.
8 City of Cathedral City
HSIP 11A: 18 Unsignalized Intersection Upgrades
Bid Analysis / Tabulation
02/17/2026
Engineer Estimate
UNIT COST TOTAL ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL LC Paving & Sealing, Inc.
29 Construct 4" AC Pavement TON 40 150.00$ 6,000.00 $ 300.00 $ 12,000.00$ 30 Construct Class 2 Aggregate Base CY 40 120.00$ 4,800.00 $ 195.00 $ 7,800.00 $ 31 Construct Raised Crosswalk SF 850 15.00$ 12,750.00$ 10.50 $ 8,925.00$ 32 Construct Pavers SF 135 30.00$ 4,050.00$ 48.00 $ 6,480.00$ 33 Install Salvaged Fence and Gates LF 60 60.00$ 3,600.00$ 120.00 $ 7,200.00 $ 34 Install New Sign and Pole EA 7 300.00$ 2,100.00 $ 425.00 $ 2,975.00 $ 35 Install Pavement Striping Lines, Marking,Legends,
and Pavement Markers LS 1 32,000.00$ 32,000.00 $ 44,500.00 $ 44,500.00 $ 36 Furnish and Install New 50 Watt HPSV Equivalent 4000K CT LED Luminaire
on Existing Mast Arm Per the Riverside County Road Stds. 2023
EA 4
1,000.00$ 4,000.00 $ 1,050.00 $ 4,200.00 $ 37 Furnish and Install New 70 Watt HPSV Equivalent 4000K CT LED Luminaire
on Existing Mast Arm Per the Riverside County Road Stds. 2023
EA 1
1,000.00$ 1,000.00 $ 1,250.00 $ 1,250.00 $ 38 Furnish and Install New 250 Watt HPSV Equivalent 4000K CT LED Luminaire
on Existing Mast Arm Per the Riverside County Road Stds. 2023
EA 2
1,000.00$ 2,000.00 $ 1,600.00 $ 3,200.00 $ 39 Furnish and Install New 50 Watt HPSV Equivalent 4000K CT LED Luminaire
on New 8 Foot Mast Arm Per the Riverside County Road
Stds. 2023
EA 4
1,250.00$ 5,000.00 $ 3,200.00 $ 12,800.00 $ 40 Furnish and Install Flashing Beacon System EA 2 17,000.00$ 34,000.00 $ 16,000.00 $ 32,000.00 $ 41 Furnish and Install New Type 17-3-100 Pole
and Foundation EA 2 12,000.00$ 24,000.00 $ 21,500.00 $ 43,000.00 $ 42 Furnish and Install 35-foot Mast Arm EA 2 7,000.00$ 14,000.00 $ 6,350.00 $ 12,700.00 $ 43 Furnish and Install Carmanah
R920-MX Solar-Powered RRFB with 1 Safety Light EA 4 7,500.00$ 30,000.00 $ 32,500.00 $ 130,000.00 $ 44 Furnish and Install Carmanah
R920-MX Solar-Powered RRFB EA 2 5,000.00$ 10,000.00 $ 20,250.00 $ 40,500.00 $ 9 City of Cathedral City
HSIP 11A: 18 Unsignalized Intersection Upgrades
Bid Analysis / Tabulation
02/17/2026
Engineer Estimate
UNIT COST TOTAL ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL LC Paving & Sealing, Inc.
45 Furnish and Install Type 15-FBS Poles and
Foundation Complete EA 4 7,000.00$ 28,000.00 $ 12,500.00 $ 50,000.00 $ 46 Furnish and Install LED Street Light and Pole EA 5 12,000.00$ 60,000.00 $ 10,500.00 $ 52,500.00 $ 47 Furnish and Install Carmanah Solar
R247-MX LED Enhanced Stop Sign (R1-1) and Post EA 31 2,900.00$ 89,900.00 $ 4,400.00 $ 136,400.00$ 48 Furnish and Install #6 pull box EA 1 2,500.00$ 2,500.00 $ 1,600.00 $ 1,600.00 $ 49 Furnish and Install #3 1/2 pull box EA 12 1,500.00$ 18,000.00 $ 625.00 $ 7,500.00 $ 50 Furnish and Install #5 pull box EA 2 2,200.00$ 4,400.00 $ 850.00 $ 1,700.00 $ 51 Furnish and Install 3" Conduit LF 30 130.00$ 3,900.00 $ 136.00 $ 4,080.00 $ 52 Furnish and Install 2" Conduit LF 415 105.00$ 43,575.00$ 110.00 $ 45,650.00$ 53 Furnish and Install Pedestrian Push Button (PPB)
Pole and Foundation EA 1 2,150.00$ 2,150.00 $ 3,200.00 $ 3,200.00 $ 54 Furnish and Install #8 AWG Conductors LF 445 1.00$ 445.00$ 6.25 $ 2,781.25$ 55 Furnish and Install Type III-BF Service Enclosure
with Foundation EA 2 7,000.00$ 14,000.00 $ 15,750.00 $ 31,500.00 $ 1,057,925.00$ 1,470,710.25$ TOTAL AMOUNT BASE BID SCHEDULE (BID ITEMS 1-55) 10 City of Cathedral City
HSIP 11A: 18 Unsignalized Intersection Upgrades
Bid Analysis / Tabulation
02/17/2026
1 Mobilization/Demobilization LS 1
2 Surveying and Construction Staking LS 1
3 Clearing and Grubbing LS 1
4 Traffic Control LS 1
5 Stormwater And Non-Stormwater Pollution Control LS 1
6 Fugitive Dust Control LS 1
7 Sawcut and Remove AC to Subgrade SF 1560
8 Sawcut, Remove and Dispose of Concrete Surfacing
(Ramp,Sidewalk, Spandrel and Cross Gutter) SY 1725
9 Sawcut, Remove and Dispose of
Existing Curb/Curb & Gutter LF 210
10 Remove and Salvage Existing Sign and Post EA 31
11 Remove Existing Fence LF 60
12 Remove and Salvage Existing Fence and Gates LF 60
13 Remove and Salvage Existing Pavers SF 135
14 Remove Existing Conflicting Striping and
Pavement Marking LS 1
15 Remove Existing RRFB and/or Push Button Assembly EA 5 16 Remove Existing Flashing Beacon Assembly EA 2
17 Remove Existing Luminaire and Mast Arm EA 2
18 Remove and Salvage Existing pole, Luminaire,
Mast Arm and Foundation EA 1
19 Adjust to Grade and/or Relocate Sign and Post EA 2
20 Adjust to Grade Street Light Pull Box EA 2
21 Construct 6" Curb and Gutter LF 160
22 Construct 6" Median Curb LF 12
23 Construct Curb Transition LF 50
24 Construct 4" Thick PCC Sidewalk SF 5775
25 Construct Concrete Spandrel/Cross Gutter SF 2580
26 Construct Curb Ramp and Detectable Warning Surface EA 45 27 Construct Driveway SF 300
28 Install Detectable Warning Surface SF 30
BASE BID SCHEDULE : HSIP 11A
ITEM DESCRIPTION UNIT QUANTITY
45,150.00$ 45,150.00 $
66,187.00$ 66,187.00 $
11,820.00$ 11,820.00 $
27,000.00$ 27,000.00 $
1,600.00$ 1,600.00 $
3,600.00$ 3,600.00 $
6.00$ 9,360.00$
68.00$ 117,300.00$
36.00$ 7,560.00$
95.00$ 2,945.00$
89.00$ 5,340.00$
60.00$ 3,600.00$
24.00$ 3,240.00$
42,889.00$ 42,889.00 $
1,500.00$ 7,500.00 $
745.00$ 1,490.00 $
500.00$ 1,000.00 $
3,100.00$ 3,100.00 $
119.00$ 238.00 $
1,000.00$ 2,000.00 $
101.00$ 16,160.00$
60.00$ 720.00 $
95.00$ 4,750.00$
8.40$ 48,510.00$
24.00$ 61,920.00$
7,683.00$ 345,735.00$
26.00$ 7,800.00$
83.00$ 2,490.00$
UNIT COST TOTAL
Elecnor Belco electric, Inc.
11 City of Cathedral City
HSIP 11A: 18 Unsignalized Intersection Upgrades
Bid Analysis / Tabulation
02/17/2026
ITEM DESCRIPTION UNIT QUANTITY
29 Construct 4" AC Pavement TON 40
30 Construct Class 2 Aggregate Base CY 40
31 Construct Raised Crosswalk SF 850
32 Construct Pavers SF 135
33 Install Salvaged Fence and Gates LF 60
34 Install New Sign and Pole EA 7
35 Install Pavement Striping Lines, Marking,Legends,
and Pavement Markers LS 1
36 Furnish and Install New 50 Watt HPSV Equivalent 4000K CT LED Luminaire
on Existing Mast Arm Per the Riverside County Road Stds. 2023
EA 4
37 Furnish and Install New 70 Watt HPSV Equivalent 4000K CT LED Luminaire
on Existing Mast Arm Per the Riverside County Road Stds. 2023
EA 1
38 Furnish and Install New 250 Watt HPSV Equivalent 4000K CT LED Luminaire
on Existing Mast Arm Per the Riverside County Road Stds. 2023
EA 2
39 Furnish and Install New 50 Watt HPSV Equivalent 4000K CT LED Luminaire
on New 8 Foot Mast Arm Per the Riverside County Road
Stds. 2023
EA 4
40 Furnish and Install Flashing Beacon System EA 2
41 Furnish and Install New Type 17-3-100 Pole
and Foundation EA 2
42 Furnish and Install 35-foot Mast Arm EA 2
43 Furnish and Install Carmanah
R920-MX Solar-Powered RRFB with 1 Safety Light EA 4
44 Furnish and Install Carmanah
R920-MX Solar-Powered RRFB EA 2
UNIT COST TOTAL
Elecnor Belco electric, Inc.
355.00$ 14,200.00$
178.00$ 7,120.00 $
28.00$ 23,800.00$
36.00$ 4,860.00$
148.00$ 8,880.00 $
467.00$ 3,269.00 $
50,202.00$ 50,202.00 $
1,100.00$ 4,400.00 $
1,100.00$ 1,100.00 $
1,500.00$ 3,000.00 $
2,700.00$ 10,800.00 $
13,000.00$ 26,000.00 $
22,500.00$ 45,000.00 $
5,600.00$ 11,200.00 $
16,500.00$ 66,000.00 $
16,500.00$ 33,000.00 $
12 City of Cathedral City
HSIP 11A: 18 Unsignalized Intersection Upgrades
Bid Analysis / Tabulation
02/17/2026
ITEM DESCRIPTION UNIT QUANTITY
45 Furnish and Install Type 15-FBS Poles and
Foundation Complete EA 4
46 Furnish and Install LED Street Light and Pole EA 5
47 Furnish and Install Carmanah Solar
R247-MX LED Enhanced Stop Sign (R1-1) and Post EA 31
48 Furnish and Install #6 pull box EA 1
49 Furnish and Install #3 1/2 pull box EA 12
50 Furnish and Install #5 pull box EA 2
51 Furnish and Install 3" Conduit LF 30
52 Furnish and Install 2" Conduit LF 415
53 Furnish and Install Pedestrian Push Button (PPB)
Pole and Foundation EA 1
54 Furnish and Install #8 AWG Conductors LF 445
55 Furnish and Install Type III-BF Service Enclosure
with Foundation EA 2
TOTAL AMOUNT BASE BID SCHEDULE (BID ITEMS 1-55)
UNIT COST TOTAL
Elecnor Belco electric, Inc.
10,700.00$ 42,800.00 $
10,000.00$ 50,000.00 $
4,350.00$ 134,850.00$
1,264.00$ 1,264.00 $
670.00$ 8,040.00 $
1,071.00$ 2,142.00 $
57.00$ 1,710.00$
146.00$ 60,590.00$
2,500.00$ 2,500.00 $
2.60$ 1,157.00$
10,000.00$ 20,000.00 $
1,488,888.00$
13 Agreement 1300-1
SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as " City”, and LC Paving & Sealing, 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. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Bid No. B25-105E, City Project No. C08754, (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 February 1, 2026, 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 February 17, 2026 and any addenda thereto (the “Contract Documents”), all of which shall be considered a part hereof as though fully set herein.
2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a workman- like manner and to the satisfact ion of the City Engineer.
4. Time is of the essence in the Contractor’s performance of the Work for this Contract. The contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. The contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within One Hundred (100) 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 consideration to Contractor for all Work shall not exceed one million, four-hundred and seventy thousand, seven-hundred and ten dollars, and twenty- five cents ($1,470,710.25). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.
6. The Contractor shall not knowingly pay less than the 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. 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 14 Agreement 1300-2
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, commis sion 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.
9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. The 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 se lf-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 Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract.
12. Contractor also agrees that for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public 15 Agreement 1300-3
projects for a period of six months in addition to other penalties provided by law.
13. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally 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 W ork. The Contractor must, at the Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, give all necessary notices and pay all fees and taxes required by law, including without limitation, any business license tax imposed by City. The 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 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 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.
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 a t 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.
21. 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 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. 16 Agreement 1300-4
22. 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 re view 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.
17 Agreement 1300-5
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
"CITY"
CITY OF CATHEDRAL CITY,
a California municipal corporation
By:_____________________________ Dated: _____________________________ Andrew Firestine, City Manager
ATTEST:
Dated: _____________________________
Christina Burton, City Clerk
APPROVED AS TO FORM:
Dated: _____________________________
Eric S. Vail, City Attorney
“CONTRACTOR”
Dated: By:_______________________________ Name: _______________________________
Title: _______________________________
Dated: By: ____________________________ Name: ________________________________
Title: ________________________________
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACT IS A
CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED]
18 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 May 27, 2026, awarded to LC Paving & Sealing, Inc., hereinafter designated as the Principal, a Contract for BID NO. B25-105E, CIP NO. 8754, STATE PROJECT NO. HSIPL- 5430(039), HSIP 11A: 18 UNSIGNALIZED INTERSECTION 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 one million, four- hundred and seventy thousand, seven- hundred and ten dollars, and twenty- five cents ($1,470,710.25) 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
19 Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _________ day of _________________________________, 2026, 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
20 Payment Bond 1320-1
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on May 27, 2026, awarded to LC Paving & Sealing, Inc., hereinafter designated as the Principal, a Contract for BID NO. B25-105E, CIP NO. 8754, STATE PROJECT NO. HSIPL- 5430(039), HSIP 11A: 18 UNSIGNALIZED INTERSECTION UPGRADES, and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and____________________________________, as Surety, are held and firmly bound unto the City in the just and full amount of one million, four- hundred and seventy thousand, seven- hundred and ten dollars, and twenty- five cents ($1,470,710.25), 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.
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
21 Payment Bond 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this _________ day of _________________________________, 2026, 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
22 Workers' Compensation Insurance 1330-1
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
______________________________________________
Signature
______________________________________________
Title
______________________________________________
Date
23 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 subcontra ct 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:
a. Premises Operations, including Explosion, Collapse and Underground (X, C, and 24 Liability & Insurance Requirements 1340-2
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 prope rty 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 possess, and 25 Liability & Insurance Requirements 1340-3
any other insurance the City does possess shall be considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.
d. "Thirty (30) days prior written notice of cancellation shall be given to the City.
Such notice shall be sent to:
Kevin Biersack, Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies.
The notice shall be sent to the location identified in Paragraph 1340 -2.6.d, Endorsements.
The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein.
26 Scores Fountainhead Consulting Corporation NV5, Inc. RT Engineering & Associates, Inc. Z&K Consultants, Inc.
Rater 1 335 350 310 355
Rater 2 205 270 190 240
Rater 3 300 375 250 325
Rater 4 190 360 225 300
AVERAGE 257.5 338.8 243.8 305.0
Rankings
Fountainhead Consulting Corporation NV5, Inc. RT Engineering & Associates, Inc. Z&K Consultants, Inc.
Rater 1 3 2 4 1
Rater 2 3 1 4 2
Rater 3 3 1 4 2
Rater 4 4 1 3 2
AVERAGE 3.3 1.3 3.8 1.8
RFQ/P - Professional Construction Engineering Services
(HSIP 11A - 18 Unsignalized Intersection Upgrades)RFQ/P - Professional Construction Engineering Services (HSIP 11A)
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
NV5, INC.
This Agreement for Professional Services (“Agreement”) is entered into as of May 27, 2026 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234 (“City”) and NV5, Inc. , a California Corporation (“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 and Consultant represents that it is experienced in providing the engineering support services to public clients, is licensed in the State of California, and is familiar with the plans of the City.
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:
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 , with the option to extend the AGREEMENT for an additional 1 (1) year. The option for extension will be provided in one (1) year increments 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. 50 (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 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay 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 eighty-four thousand, nine- hundred and twenty -three dollars, and twenty -two cents ($84,923.22), 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 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.
51 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. . 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 MATERIALS; EXCEPTIONS; WARRANTY. (a) Documents and Data. 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 (“Materials”) 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 Materials. (b) If and to the extent that City utilizes for any purpose not related to this Agreement any Materials 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 Materials. (c) Consultant warrants that all Materials it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Materials generated by such AI tools to City and representing it as Consultant’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property rights law including without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Materials. Consultant is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
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. 52 (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 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. (c) Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Consultant shall at all times enforce strict discipline and good order among its employees. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Services, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Services to be performed by the Consultant and shall not be re- employed on the Services.
53 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 and such licenses, permits and approvals shall be maintained throughout the Term of 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.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects . If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City.
Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant 's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.
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 54 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. (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. Consultant shall not use City’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. (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 admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains 55 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.
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, volunteers 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, volunteers, 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 s ub- Consultant, sub contractor 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 T erm of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager.
Consultant agrees to provide City with copies of required policies upon request. 56 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. If City does not agree to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
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) 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.
(c) 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.
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 , however, the timeframe may also be shortened if the default results in a safety issue or imminent threat to City employees or the public in the sole discretion of the City .
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.
57 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: NV5, Inc.
Attn: Jeff Cooper
42829 Cook Street, Suite 104
Palm Desert, CA 92211
Email: [email protected]
Notice may also be sent by email. 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. If sent by email, notice shall be deemed effective on the date sent. Notice sent by email must be confirmed within forty -eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as text messages and instant messages are not acceptable manners of notice required hereunder.
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 2 8 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code and its adopted policies and procedures. 58 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.
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.
59 The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.
SECTION 35. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
SECTION 36. STATE FUNDS.
In the event the Services are funded either in whole or in part by a state grant, Consultant shall comply with the requirements of Exhibit “D” “State Funds.” SECTION 37. DATA PROTECTION.
(a) Consultant shall protect, using the most secure means and technology that is commercially available, C ity-provided data or consumer -provided data acquired in the course and scope of this Agreement , including but not limited to customer lists and customer credit card or consumer data, (collectively, the “City Data”). Consultant shall notify City in writing as soon as reasonably feasible, and in any event within twenty -four (24) hours, of Consultant ’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Consultant shall begin remediation immediately. Consultant shall provide daily updates, or more frequently if required by C ity, regarding findings and actions performed by Consultant until the Data Breach or Security Incident has been effectively resolved to C ity’s satisfaction. Consultant shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with C ity. At C ity’s sole discretion, C ity and its authorized agents shall have the right to lead or participate in the investigation. Consultant shall cooperate fully with City, its agents and law enforcement.
(b) If C ity is subject to liability for any Data Breach or Security Incident, then Consultant shall fully indemnify and hold harmless City and defend against any resulting actions.
60 IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.
CIT
Y OF CATHEDRAL CITY NV5, INC.
______
____________________ ___________________________
Andrew Firestine By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:_______________________
___________________________
Christina Burton
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NO
TE: 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. 61 A-1
EXHIBIT "A"
SCOPE OF SERVICES
62 B-1
EXHIBIT "B"
COMPENSATION
63 C-1
EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Consultant 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 Consultant , its agents, representatives or employees. Consultant shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Consultant and City against liability or claims of liability which may arise out of this Agreement in the amount of one 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. [NOTE: IF CONSULTANT DOES NOT OWN ANY COMPANY VEHICLES OR
MAY NOT BE ABLE TO PURCHASE A BUSINESS AUTOMOBILE INSURANCE
POLICY, THE REQUIREMENT MAY BE SATISFIED BY PROVIDING EITHER OF THE FOLLOWING: (1) a Personal Automobile Liability policy for the Consultant’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; or (2) a non- owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others e.g., vehicles of employees).
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, volunteers, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Consultant 64 C-2
participating under this Agreement, Consultant is to defend and indemnify the City from such claim. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the Term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation Insurance in accordance with this section.
X Professional Liability Insurance: Professional liability insurance appropriate to the Consultant’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The 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 Consultant’s services or the termination of this Agreement. During this additional three (3) year period, Consultant 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 Consultant performs; products and completed operations of Consultant ; premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
b. Consultant’s insurance 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 65 C-3
respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant’s insurance.
c. Consultant’s insurance 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.
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, volunteers, 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 Consultant.
C. Other Requirements. Consultant 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 Consultant 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. Consultant shall furnish certificates and endorsements from each sub-contractor identical to those Consultant 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 Consultant 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 Consultant ’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
66 D-1
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.
67 D-2
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 68 D-3
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 69 D-4
funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subcons
ultants, 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 70 D-5
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 71 D-6
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 72 D-7
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 73 D-8
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 74 D-9
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 75 D-10
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.
76 D-11
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 77 D-12
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 78 D-13
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 79 D-14
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 80 D-15
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. 81 D-16
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.
82 D-17
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
83 D-18
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 84 D-19
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.
85 D-20
[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 86 D-21
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
87 Staff Report
City Council
Item No. 5.C
Meeting Date: May 27, 2026
From: John A. Corella, Director of Public Works
Title: Installation of Sign Topper Honoring Former City Councilmember Sarah DiGrandi
RECOMMENDATION:
Approve the installation of one (1) sign topper honoring former City Councilmember Sarah DiGrandi at the intersection of Buddy Rogers Avenue and Pickfair Street, at a total cost of $758.00. The request is being submitted by Cathedral City business owner Richard Altman and former Cathedral City Councilmember Shelley Kaplan. Mr. Altman has agreed to cover the full cost associated with production and installation of the sign topper.
BACKGROUND:
On March 11, 2020, the City Council approved the Street Neighborhood and/or District Identification Street Sign Blade “Topper” Policy (Policy). The Policy establishes procedures for the installation of street sign blade toppers, which are additional sign panels mounted above existing street name signs to provide supplemental information. Toppers may designate a special place, street, neighborhood, district, subdivision, or commemorate a person or achievement of significance to the community.
Street sign toppers serve to build community identity and pride, promote awareness of designated areas, and recognize individuals whose contributions have meaningfully enhanced the city.
The city has previously approved toppers recognizing significant individuals and areas, including:
Sign Topper Name Location
Candy Cane Lane Minerva Street between Tachevah Dr and Avenida La Vista Agnes Pelton Way F Street near Chuparosa Lane
Val Samuelson Way Grandview Avenue at Dorn and Vista
Ocotillo Square Area bounded by Cathedral Canyon Drive, Date Palm Drive, Ramon Road, and Dinah Shore Drive
Bill Anson Way San Jacinto Road and Van Fleet Avenue
1 Tim Townsley Way San Jacinto Road at Cathedral Canyon Drive and Glenn Avenue
Joe Novak Way Grandview Avenue at Bel Air Drive and Vista Drive Diane Gill & Jane Rasco
Way
Channel Drive at Valley Vista Drive and Carroll Drive
DISCUSSION:
An application submitted by Darla DiGrandi, in coordination with Cathedral City business owner Richard Altman and former City Councilmember Shelley Kaplan, requests installation of a sign topper honoring former City Councilmember Sarah DiGrandi at the intersection of Buddy Rogers Avenue and Pickfair Street.
Ms. DiGrandi is one of Cathedral City’s foundational civic leaders. After relocating to Cathedral City in 1957, she became deeply involved in the community and was elected to the City Council in 1986, just five years after incorporation. She served four terms from 1986 to 1998, including service as Mayor Pro Tem, totaling sixteen (16) years of public service.
During her tenure, Ms. DiGrandi played an integral role in advancing key civic institutions, including establishment of the Cathedral City Senior Center, opening of the Cathedral City Library, development of the Cathedral City Boys and Girls Club, and strengthening of local police and fire services. Beyond elected office, she served in leadership roles with numerous community organizations, including Rotary International, Soroptimist, House of Hope, the Cathedral City Chamber of Commerce, the Coachella Valley Association of Governments, and United Way.
Her decades of leadership and civic engagement significantly shaped Cathedral City during its formative years and contributed to the development of institutions that continue to serve residents today.
Consistent with the Street Neighborhood and/or District Identification Street Sign Blade “Topper” Policy, the proposed location at Buddy Rogers Avenue and Pickfair Street was evaluated for surrounding property impacts. This intersection is located within the City’s Townsquare area and is surrounded by civic and commercial uses, including City Hall, the Mary Pickford Theatre, and the adjacent commercial complex. Ms. DiGrandi was instrumental in the development of Cathedral City’s downtown core, and the proposed location is symbolically appropriate given her leadership role in advancing this civic center.
Because the location is situated within the City’s Townsquare and adjacent to City facilities, it is appropriate for the City Council to determine whether this placement best reflects the intent of the Policy and the significance of Ms. DiGrandi’s contributions.
Staff has reviewed the application and determined it is consistent with the procedural requirements of the adopted Policy.
Production of Sign Toppers
The total cost to manufacture and install the sign topper is $758.00. Cathedral City business owner Richard Altman has confirmed that he will personally cover the full cost associated with production and installation of the sign topper. The request is being supported in coordination with former City Councilmember Shelley Kaplan and Darla DiGrandi. 2 Approval of this item would formally recognize the long-standing civic contributions of former City Councilmember Sarah DiGrandi.
FISCAL IMPACT:
Although the work will be processed through the city's standard sign production procedures, all costs associated with the sign topper will be funded through a private contribution.
FIVE-YEAR STRATEGIC PLAN:
This item supports community identity, civic pride, historic recognition, and acknowledgement of individuals who have contributed to Cathedral City's development.
ATTACHMENTS:
1. Street Topper Application DiGrandi
3 4
City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade “Toppers”
INSTRUCTIONS AND APPLICATION
4 Map showing the street, neighborhood and/or district boundaries and the location of the existing street name sign blade poles where sign Toppers are proposed:
Sketch in this space and/or attach a map that clearly illustrates boundary limits and note all locations where Toppers are proposed 5 6
7 8
SARAH DIGRANDI STREET SIGN DEDICATION
Today we are here to honor a true legend of Cathedral City, Ms. Sarah DiGrandi. Someone who helped form the first visions of our great City. First, some historical facts - Cathedral City was incorporated in 1981, but developers built its first modern subdivision here and named it Cathedral City in 1925. This past August, Cathedral City celebrated its 100th birthday. Also, this past August, Sarah DiGrandi celebrated her 90th birthday.
Who would have known this great individual, born in the southern hills of Tennessee in 1935 would come here to our sprawling empty desert and have such a magnificent impression on our community.
Sarah moved to Cathedral City in 1957 to what was thought of back then as ‘moving out to the country’ for a simpler life. After establishing her household in the Palm Springs Vista Homeowner Association, now known as the Outpost neighborhood, getting married and having her three children, Debbie, Ron and Darla, she pursued her career in banking, reaching the senior position of Vice President, where she retired at after a successful 32- year career.
After moving here in 1957 and establishing her foundation, Sarah felt the love and compassion for her community, wanting to take a leadership role. She decided to run for City Council in 1986, just 5 years after Cathedral City was incorporated.
Having a positive reputation for helping local businesses get established through her banking contacts and support, Sarah easily won her first political election, in fact was a top vote getter. She would go on to win a total of four elections from 1986 to 1998 and serve one of her terms as Mayor pro tem before retiring from political oƯice. Sarah served a total of 16 years on the Cathedral City City Council.
Included in Sarah’s many accomplishments other than helping to establish many local businesses that helped shape the heart and soul of Cathedral City, she was integral in establishing the Cathedral City Senior Center on Buddy Rogers Avenue; opening the Cathedral City Library on Date Palm and launching the Cathedral City Boys and Girls Club on Whispering Palms, in addition to help establish our local Police and Fire Departments.
Sarah also played active rolls for many years by serving as either President, active board member, or key volunteer with the following organizations: Cathedral City Senior Center; Cathedral City Rotary International; Cathedral City Soroptimist; House of Hope; Cathedral City Chamber of Commerce; Read to the Children Foundation; Coachella Valley Association of Governments; and the local United Way. She also served with several other organizations outside of the Cathedral City region, where she was able to direct their activities to our area, which benefited our local economy. We would still be here another half hour if I had to read her full list of accomplishments in her political and private sectors.
I think it’s fair to say that Sarah had an influence on the City of Cathedral City that far exceeded her reputation, and which no one can fully calculate her dynamic impact. 9 Staff Report
City Council
Item No. 5.D
Meeting Date: May 27, 2026
From: John A. Corella, Director of Public Works
Title: Installation of Sign Topper Honoring Richard Altman RECOMMENDATION:
Approve the installation of one (1) sign topper honoring Richard Altman at the intersection of Gay Resort Drive and Melrose Drive, at a total cost of $758.00. The application was submitted by former Cathedral City Councilmember Shelley Kaplan, who has agreed to cover the full cost of the sign topper.
BACKGROUND:
On March 11, 2020, the City Council approved the Street Neighborhood and/or District Identification Street Sign Blade “Topper” Policy (Policy). The Policy establishes procedures for the installation of street sign blade toppers, which are additional sign panels mounted above existing street name signs to provide supplemental information. Toppers may designate a special place, street, neighborhood, district, subdivision, or commemorate a person or achievement of significance to the community.
Street sign toppers serve to build community identity and pride, promote awareness of designated areas, and recognize individuals whose contributions have meaningfully enhanced the city.
The city has previously approved toppers recognizing significant individuals and areas, including:
Sign Topper Name Location
Candy Cane Lane Minerva Street between Tachevah Dr and Avenida La Vista
Agnes Pelton Way F Street near Chuparosa Lane
Val Samuelson Way Grandview Avenue at Dorn and Vista
Ocotillo Square Area bounded by Cathedral Canyon Drive, Date Palm Drive, Ramon Road, and Dinah Shore Drive
Bill Anson Way San Jacinto Road and Van Fleet Avenue
Tim Townsley Way San Jacinto Road at Cathedral Canyon Drive and Glenn 1 Avenue
Joe Novak Way Grandview Avenue at Bel Air Drive and Vista Drive Diane Gill & Jane Rasco
Way
Channel Drive at Valley Vista Drive and Carroll Drive
DISCUSSION:
An application submitted by former Cathedral City Councilmember Shelley Kaplan requests installation of a sign topper honoring Richard Altman at the intersection of Gay Resort Drive and Melrose Drive.
Mr. Altman has been a prominent business leader and civic advocate in Cathedral City for many years. As proprietor of the CCBC Resort, he helped establish Cathedral City as a recognized destination within the LGBTQ+ community, contributing significantly to tourism, economic development, and the City’s reputation as an inclusive community.
Mr. Altman was instrumental in the development and continued success of Cathedral City’s annual Pride event, which celebrates diversity while generating substantial economic activity. He previously served as President of the Cathedral City Boys and Girls Club Board, where he led meaningful facility improvements and organizational growth. In recognition of his philanthropy, the Cathedral City Senior Center named the “Richard G. and Anne K.
Altman Craft Corner” in his honor. He has also received a Lifetime Achievement Award from the Cathedral City Chamber of Commerce.
Letters of support have been submitted from community leaders and residents citing his longstanding contributions, generosity, and leadership. The proposed topper location on Gay Resort Drive is symbolically appropriate given Mr. Altman’s significant role in advancing Cathedral City’s inclusive identity.
Consistent with the Street Neighborhood and/or District Identification Street Sign Blade “Topper” Policy, efforts were made to ensure compliance with neighborhood notification and support requirements. The existing street sign to which the topper would be affixed is located on CCBC Resort property, and no other residential or business addresses are located on Gay Resort Drive. As such, the application satisfies the Policy’s intent regarding adjacent property owner awareness and support.
Staff has reviewed the application and determined it meets the requirements of the adopted Policy.
Production of Sign Toppers
The total cost to manufacture and install the sign topper is $758.00. Shelley Kaplan has confirmed that he will personally cover the full cost associated with this sign topper on behalf of Richard Altman.
Approval of this item would formally recognize the lasting civic, traffic, and community contributions of Richard Altman.
FISCAL IMPACT:
Although the work will be processed through the city standard sign production procedures, 2 all costs associated with the signed topper will be funded through a private contribution.
FIVE-YEAR STRATEGIC PLAN:
This item supports community identity, civic pride, inclusivity, and recognition of individuals who have contributed to Cathedral City's development.
ATTACHMENTS:
1. Street Topper Application Altman
3 4
5 6
7 8
9 1
Deanna Pressgrove
From: Marwan Jizrawi <[email protected]>
Sent: Thursday, September 25, 2025 12:01 PM
To: Deanna Pressgrove
Subject: Street topper sign
[You don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Dianna
my name is Marwan Jizrawi. i’m in support of Mr. Richard Altman to have a topper sign on Gay resort Way. I appreciate your consideration, considering his a great city constituent and supporter of the city.
thank you and have a wonderful day
Sent from my iPhone
10 September 26, 2025
Deanna Pressgrove
Environmental Conservation & Public Works Manager
68385 Kieley Road
Cathedral City, CA 92234
Dear Deanna.
I write in support of a sign topper for Richard Altman. This one will set precedence, as the others in the Cove have honored deceased residents, and Richard is alive and well. I believe that his significant contributions will set a high bar for others who may be proposed.
Richard has made important contributions to our community through business innovation, philanthropy, and advocacy. As the proprietor of the Cathedral City Boys Club (CCBC) he has made the resort hotel a major destination for the LGBTQ community, and a few years ago, built a restaurant on the grounds, which is open to the public. Richard was instrumental in establishing Cathedral City’s annual Pride event that celebrates diversity and inclusion and boosts tourism and the economy.
Richard is the past President of the Boys and Girls Club Board, during which time he made substantial enhancements to the facility. The Cathedral City Senior Center named a room ‘Richard G. and Anne K. Altman Craft Corner’ due to his generous gift. He received a Lifetime Achievement Award from the Chamber of Commerce, among many other honors.
Richard Altman is widely respected for his visionary leadership, philanthropy, and eƯorts to foster an inclusive and thriving Cathedral City.
I have known Richard for 15 years, and although others will write more detailed descriptions about what he has done for the City, I need to say that he is truly a gentleman.
He is here to listen, give advice, and help as needed.
Selecting Richard as the first living recipient of a sign topper on Gay Resort Way is a tribute to how the City cares and honors its involved residents, whether financially or as active participants. Through Richard’s presence, he has created a lasting positive change; a legacy to be proud of.
Thank you for your consideration,
Sue Townsley
Sue Townsley
Cathedral City Senior Center Board Member
11 Staff Report
City Council
Item No. 5.E
Meeting Date: May 27, 2026
From: Michael Contreras, Fire Chief
Title: Purchase of Seven (7) ZOLL X Series Advanced Monitor/Defibrillators for the Fire Department.
RECOMMENDATION:
To authorize the City Manager, or his designee, to execute all required documents for the purchase of seven (7) ZOLL X Series Advanced Monitor/Defibrillators and associated accessories.
BACKGROUND:
Cathedral City Fire & EMS currently operates seven (7) ZOLL X Series Monitor/Defibrillators that are more than nine (9) years old. These devices serve as the primary cardiac monitoring and defibrillation tools used by frontline EMS personnel on every medical call, and their reliability is mission-critical to patient survival outcomes. Industry standards and multiple third-party medical equipment life expectancy references, including the Biomedical Engineering Advisory Group (BEAG) Guidance Paper on Life Span of Biomedical Devices and the U.S. Army Technical Bulletin TB MED 7 (Maintenance Expenditure Limits for Medical Material), recognize Defibrillator/Monitors as having a typical life expectancy of seven to eight (7-8) years. Most EMS agencies budget for monitor replacement on a five-to-seven-year cycle due to the demanding operational environment in which these devices are used, including extreme heat, dust, moisture, and continuous or prolonged power-on periods that accelerate wear on internal electronic components. While ZOLL continues to support all purchased equipment, the age of the current devices presents increasing risk of circuit board failure and other component degradation that cannot always be anticipated through routine annual maintenance. The Fire Department has determined proactive replacement of these monitors is prudent to maintain uninterrupted, high-quality pre-hospital care for the residents of Cathedral City.
DISCUSSION:
Cathedral City Fire & EMS is recommending the purchase of seven (7) ZOLL X Series Advanced Monitor/Defibrillators to replace the current aging ZOLL X Series fleet. The 1 recommended units include a comprehensive suite of monitoring and defibrillation capabilities along with a five-year on-site Worry-Free Service Plan and a five-year CaseReview Premium Subscription for post-incident QA/QI analysis.
The ZOLL X Series Advanced represents a significant clinical upgrade over the current X Series devices. Key advancements include:
Real BVM Help™ – Provides real-time ventilation feedback on both volume and rate for intubated and non-intubated patients using the AccuVent cable. Clinical studies indicate that up to 90% of ventilations delivered in the field are incorrect in rate, volume, or both, directly and negatively affecting patient outcomes. This technology, exclusive to ZOLL, addresses this critical gap.
TBI Dashboard™ – A traumatic brain injury management tool that consolidates the four key vital signs for TBI survival into a single focused display, enabling medics to optimize care for trauma patients, who represent the bulk of EMS call volume. Pediatric CPR Feedback – ZOLL is the only manufacturer offering real-time CPR depth and rate feedback for pediatric patients. Studies show that 92% of compressions on a child in the field are too shallow, and this technology directly addresses that deficiency.
Remote View Streaming – Enables live patient data to be streamed to hospital physicians or medical direction during transport, supporting telehealth capabilities and improving pre-hospital to hospital coordination.
Improved Modem and 12-Lead Transmission – Enhanced cellular modem with improved 12-lead ECG transmission and seamless interface with ImageTrend ePCR. AutoPulse® Integration – The X Series Advanced is the only monitor that coordinates with the AutoPulse automated CPR devices already owned by the Department, enabling a single end-of-call data upload that provides comprehensive QA data on both manual and automated CPR performance.
Cathedral City Fire & EMS
ZOLL X Series Advanced Monitor/Defibrillator Purchase
Quote No. Q-133523 (Version 4) | Issued: May 12, 2026 | Expires: June 30, 2026 Terms: Payment with 120 days of order being placed
Item Description Qty List Price Adj. Price Total Price Notes 1 X Series Advanced
Monitor/Defibrillator
(12-Lead ECG, Pacing,
SpO2, SpCO, EtCO2, BVM,
NIBP, CPR Expansion Pack,
Remote View
7 $56,663.00 $42,497.25 $297,480.75
Riverside
County 2016
Contract (CH-
19940)
2 Welch Allyn REUSE-12-2MQ
Cuff, Large Adult, 2-Tube,
Twist Lock connector
7 $42.00 $35.18 $246.26 CH-19940
3 Welch Allyn REUSE-09-2MQ
Cuff, Child, 2-Tube, Twist
Lock connector
7 $35.00 $31.50 $220.50 CH-19940
4 RD Rainbow SET MD20-04
EMS Patient Cable, 4ft 7 $259.00 $196.84 $1,377.88
CHM Service
Contract
Precision X
Series (CH-
19757)
5 Masimo LNCS-II Rainbow
DCI 8λ SpCO Adult Sensor,
3ft
7 $900.00 $566.15 $3,963.05 CH-19940
2 6 Six-Hour Rechargeable
SurePower II Smart Battery 14 $1,031.00 $331.65 $4,643.10 CH-19940 – 14
batteries for 7
units (2 per
unit)
7 SurePower 4-Bay Charging
System incl. 4 Battery
charging adapters
2 $3,557.00 $1,730.61 $3,461.22 CH-19940
8 X Series Accessory Carry
Case – Printer Chute w/
Single Zipper
7 $683.00 - - Included at no
charge
9 Worry-Free Service Plan – 5
Years On-Site At Time of
Sale (Annual PM, battery
replacement, accidental
damage, loaner)
7 $10,600.00 $9,540.00 $66,780.00 ExpertCare
Service Plan
10 CaseReview Premium
Subscription, X Series/Zenix
– 5 Year Hosted
(CPR quality, ECG, shocks,
EtCO2, SpO2 post-case
data)
7 $2,616.00 $2,616.00 $18,312.00 Hosted
subscription
11 ZOLL X Series Trade-In
Allowance (EMS Group) 7 ($4,500.00) ($31,500.00)
Trade-in credit
– ships within
60 days of new
unit receipt
SUBTOTAL (before tax) $364,984.76
Estimated Tax $24,132.94 ZOLL Quote
Q-133523 v4
TOTAL (incl. tax): $389,117.70
The quote from ZOLL Medical Corporation (Quote No. Q-133523, Version 4, issued May 12, 2026, expiring June 30, 2026) includes the following major line items:
Item 1: Seven (7) X Series Advanced Monitor/Defibrillators (12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, NIBP, CPR Expansion Pack, Remote View, TBI Dashboard) – $297,480.75
Item 2-5: Accessories including Welch Allyn cuffs (adult/child), Rainbow SET MD20 EMS Patient Cable, Masimo LNCS-II Rainbow SpCO Adult Sensor – $5,807.69 Item 6-7: Six-Hour SurePower II Smart Batteries (14) and SurePower 4-Bay Charging System (2) – $8,104.32
Item 8: X Series Accessory Carry Cases with Printer Chute (7) – Included at no additional cost
Item 9: Five-Year Worry-Free On-Site Service Plan (7 units) – $66,780.00 Item 10: Five-Year CaseReview Premium Subscription, X Series (7 units) – $18,312.00 Item 11: ZOLL X Series Trade-In Allowance (7 units at $4,500 each) – ($31,500.00) credit Pricing is based on the Riverside County 2016 contract (CH-19940) and the CHM Service Contract Precision X Series pricing (CH-19757), providing significant savings versus list pricing. The quote includes payment terms of two annual installments beginning net 120 days from the date of purchase, with no interest, allowing the Department to receive all seven new monitors immediately.
Staff notes that the quote expires June 30, 2026, and that the trade-in values for the current 3 monitors decrease as the units age. Failure to act by the quote expiration date will result in loss of the current trade-in credit and may result in price increases. Prompt approval and issuance of a purchase order referencing Quote No. Q-133523 is necessary to secure all stated terms.
FISCAL IMPACT:
The fiscal impact for the purchase of seven (7) ZOLL X Series Advanced Monitor/Defibrillators and associated equipment is as follows:
DESCRIPTION GENERAL
LEDGER
ACCOUNT
CODES
PROJECT
CODE
AMOUNT ONE TIME or
ONGOING
2026-2027 Monitor/Defibrillators 611-000-000-
000-8800-8801 N/A $389,117.70 One Time
2026-2027 Total $389,117.70
FIVE-YEAR STRATEGIC PLAN:
Goal A: SERVE THE COMMUNITY WITH PRIDE AND DEDICATION
Goal E: SAFETY
Action E-2: Ensure the Fire Department maintains the highest level of emergency medical equipment to protect life safety and improve patient outcomes for Cathedral City residents and visitors.
ATTACHMENTS:
1. Zoll Medical Corporation Quote No. Q-133523 (Version 4) 4 Quote No: Q-133523 Version: 4
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
Cathedral City Fire Department
32-100 Desert Vista Road
Cathedral City, CA 92234
ZOLL Customer No: 4079
Alex Pike
(760) 808-1283
[email protected]
Quote No: Q-133523
Version: 4
Issued Date: May 12, 2026
Expiration Date: June 30, 2026
Terms: 2 Annual Payments Starting Net
120 days
FOB: Shipping Point
Freight: Prepay & Add
Prepared by: Catherine Prophet
EMS Territory Manager
[email protected]
949-436-4369
Item Contract
Reference
Part Number Description Qty List Price Adj. Price Total Price 1 601-2231112-01 X Series Advanced Monitor/Defibrillator - 12-Lead ECG, Pacing, SpO2, SpCO, EtCO2, BVM, NIBP,
CPR Expansion Pack, Remote View
Includes: TBI Dashboard, 4 trace tri-mode display
monitor/ defibrillator/ printer, advisory algorithm,
advanced communications package (Wi-Fi,
Bluetooth, USB cellular modem capable) USB data
transfer capable and large 6.5in ( 16.5cm) diagonal
screen. Accessories Included: MFC cable and CPR
connector, A/C power cord, One (1) roll printer paper,
6.6 Ah Li-ion battery, Operators Manual, Quick
Reference Guide, and One (1)-year EMS warranty.
Parameter Details: Real CPR Help - Dashboard
display of CPR Depth and Rate for Adult and
Pediatric patients, Visual and audio prompts to coach
CPR depth (Adult patient only), Release bar to
ensure adequate release off the chest, Metronome to
coach rate for Adult and Pediatric patients. See-Thru
® CPR artifact filtering • Interpretative 12-Lead ECG
(Full 12 ECG lead view with both dynamic and static
12-lead mode display. 12-Lead OneStep ECG cable
- includes 4-Lead limb lead cable and removable
precordial 6-Lead set) • ZOLL Noninvasive Pacing
Technology • Real BVM Help: Dashboard provides
real-time ventilation feedback on both volume and
rate for intubated and non-intubated patients.
AccuVent Cable included. (Accuvent disposable
sensors sold separately) • Welch Allyn NIBP with
Smartcuff. 10 foot Dual Lumen hose and SureBP
Reusable Adult Medium Cuff • Masimo SpO2 &
SpCO with Signal Extraction Technology (SET),
Rainbow SET® • EtCO2 Oridion Microstream
Technology. Microstream tubing set sold separately •
7 $56,663.00 $42,497.25 $297,480.75
2 CH-19940 REUSE-12-2MQ Welch Allyn REUSE-12-2MQ Cuff, Lg Adult, 2- Tube, Twist Lock connector
7 $42.00 $35.18 $246.26
5 Cathedral City Fire Department
Quote No: Q-133523 Version: 4
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
Item Contract
Reference
Part Number Description Qty List Price Adj. Price Total Price 3 CH-19940 REUSE-09-2MQ Welch Allyn REUSE-09-2MQ Cuff, Child, 2-Tube, Twist Lock connector
7 $35.00 $31.50 $220.50
4 CH-19757 8000-000151 RD Rainbow SET MD20-04 EMS Patient Cable, 4ft 7 $259.00 $196.84 $1,377.88 5 CH-19940 8000-000862 Masimo LNCS-II Rainbow DCI 8λ SpCO Adult Sensor, 3ft
7 $900.00 $566.15 $3,963.05
6 CH-19940 8000-0580-01 Six Hour Rechargeable, SurePower II Smart Battery
14 $1,031.00 $331.65 $4,643.10
7 CH-19940 8300-0500-01 SurePower 4 Bay Charging System including 4 Battery Charging adapters
2 $3,557.00 $1,730.61 $3,461.22
8 8707-000502-01 X Series Accessory Carry Case - Printer Chute with Single Zipper
7 $683.00 $0.00 $0.00
9 8778-89055-WF Professional Defibrillators/Monitors - Worry-Free Service Plan - 5 Years On-Site At Time of Sale
Includes: Annual preventive maintenance, discount
on parameter upgrades, SurePower II Battery
replacement upon failure, and accidental damage
(see below) coverage. Shipping and use of a Service
Loaner during repairs, no charge shipping. Extended
warranty is a continuation of the One Year Product
Limited Warranty.
<br><br>Battery replacement and accidental
damage guidelines can be found in the ExpertCare
Service Plan Terms and Conditions on the ZOLL
website.
7 $10,600.00 $9,540.00 $66,780.00
10 8400-110045 CaseReview Premium Subscription, X Series / Zenix, 5 Year- Hosted
Provides detailed post-case information, including
CPR quality on compression depth, rate, pause time
and release velocity, as well as ECG, shocks, EtCO2
and SpO2 vital signs.
7 $2,616.00 $2,616.00 $18,312.00
11 6008-9901-61 ZOLL X Series Trade In Allowance (EMS Group) See Trade Unit Considerations.
7 ($4,500.00) ($31,500.00)
Subtotal: $364,984.76
Estimated Tax: $24,132.94
Total: $389,117.70
Contract Reference Description
CH-19757 Reflects 1347882 CHM SERVICE CONTRACT PRECISION X SERIES pricing.
CH-19940 Reflects Riverside County 2016 contract pricing. Notwithstanding anything to the contrary herein, the terms and conditions set forth in Riverside County 2016 shall apply to the customer's purchase of the products set forth on this quote. 6 Cathedral City Fire Department
Quote No: Q-133523 Version: 4
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
Trade Unit Considerations
Trade-In values valid through June 30, 2026 if all equipment purchased is in good operational and cosmetic condition and includes all standard accessories. Trade-In values are dependent on the quantity and configuration of the ZOLL devices listed on this quotation. Customer assumes responsibility for shipping trade-in equipment at the quantities listed on the trade line items in this quotation to ZOLL's Chelmsford Headquarters within 60 days of receipt of new equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis.
UCC Financing Statement
By placing a Purchase Order in response to this quotation, Customer agrees that it thereby grants to ZOLL a purchase money security interest in all the goods referenced by such purchase order and acknowledges that ZOLL may file a UCC Financing Statement ordering such purchase money security interest. Customer further agrees to provide a signed Security Agreement to ZOLL prior to shipment pursuant to such purchase order.
To the extent that ZOLL and Customer, or Customer’s Representative have negotiated and executed overriding terms and conditions (“Overriding T’s & C’s”), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL’s Standard Commercial Terms and Conditions (“ZOLL T’s & C’s”) which for capital equipment, accessories and consumables can be found at https://www.zoll.com/terms-and-conditions-of-sale, for software products can be found at https://www.zoll.com/software-legal, and for ExpertCare Service Plans can be found at https://www.zoll.com/ExpertCare-Service-Terms. Except in the case of overriding T’s and C’s, any Purchase Order (“PO”) issued in response to this quotation will be deemed to incorporate ZOLL T’s & C’s, and any other terms and conditions presented shall have no force or effect except to the extent agreed in writing by ZOLL.
1. Delivery will be made upon availability.
2. This Quote expires on June 30, 2026. Pricing is subject to change after this date.
3. Applicable tax, shipping & handling will be added at the time of invoicing.
4. All purchase orders are subject to credit approval before being accepted by ZOLL.
5. To place an order, please forward the purchase order with a copy of this quotation to [email protected] or via fax to 978-421-0015.
6. All discounts from list price are contingent upon payment within the agreed upon terms.
7. Place your future accessory orders online by visiting the ZOLL web store. 7 Cathedral City Fire Department
Quote No: Q-133523 Version: 4
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
Order Information (to be completed by the customer)
[ ] Tax Exempt Entity (Tax Exempt Certificate must be provided to ZOLL) [ ] Taxable Entity (Applicable tax will be applied at time of invoice)
BILL TO ADDRESS SHIP TO ADDRESS
Name/Department: Name/Department:
Address: Address:
City / State / Zip Code: City / State / Zip Code:
Is a Purchase Order (PO) required for the purchase and/or payment of the products listed on this quotation? [ ] Yes PO Number: ____________ PO Amount: ____________ (A copy of the Purchase Order must be included with this Quote when returned to ZOLL) [ ] No (Please complete the below section when submitting this order) For organizations that do not require a PO, ZOLL requires written execution of this order. The person signing below represents and warrants that she or he has the authority to bind the party for which he or she is signing to the terms and prices in this quotation.
Cathedral City Fire Department
Authorized Signature: _1\
\s1\
Name: \n1\
Title: \t1\
Date: \d1\
8 ALS/BLS Software Solutions Master Software, SaaS and Services Agreement and Addenda Acknowledgement Form
The terms and conditions applicable to ZOLL Medical Corporation’s Software Solutions products can be found at https://www.zoll.com/software-legal. By signing below, the Customer acknowledges and agrees to those terms and conditions. The person signing below represents and warrants that she or he has the authority to bind the Customer to those terms and conditions.
Customer
Signature:
_________________________________________________
Name: ___________________________________________
Title: ____________________________________________
Company: _________________________________________
Company Address: ___________________________________
Date: ____________________________________________
Cathedral City Fire Department
Quote No: Q-133523 Version: 4
9 SECURITY AGREEMENT
Equipment + Basic
This Security Agreement, made and entered in this day of by and between ZOLL Medical Corporation, located at 269 Mill Rd Chelmsford, MA 01824, (hereinafter “Secured Party”) and with headquarters located at _________________________________ and if a legal person or registered, incorporated, formed or otherwise organized in or under the laws of the [state] of , (hereinafter “Debtor”).
I CREATION OF SECURITY INTEREST
In consideration for the extension of credit, Debtor hereby grants a purchase money security interest in, and assigns to the Secured Party, all of Debtors’ right, title and interest in, to and under the Collateral described in the first paragraph of Section II below as collateral to security for the payment and performance of all debts, liabilities and obligations of Debtor of any kind whenever and however incurred to Secured Party, including the Obligations (as defined below).
II COLLATERAL
The term “Collateral” as used in this Agreement shall mean (a) the equipment described in Exhibit A and (b) all proceeds thereof.
The term “Obligations” as used in this Agreement shall mean and include the indebtedness related to the purchase of the equipment described in Exhibit A.
III DEBTOR’S OBLIGATIONS
A. Debtor warrants and covenants that the Collateral will be held for use, sale or lease in and for Debtor’s business and will be kept only at the principal place of business set forth herein (and Debtor’s additional address(es) set forth with its signature, if any); Debtor will notify Secured Party in writing fifteen (15) days prior to any of the following:
(1) Change(s) or additions to location of any material or substantial portion of the Collateral, (2) Change(s) in location of chief executive offices (if an unregistered entity), (3) Change(s) in state of Incorporation (if a registered entity), (4) Change(s) in state of residence (if an individual), (5) Change(s) in name of Debtor’s business.
B. Debtor covenants that it will notify Secured Party in writing 30 days prior of: its opening of any new places of business, or the closing of any existing places of business, or the change of name or nature of the entity including changes to state of incorporation or state of chief executive offices.
C. Debtor warrants and covenants that it has good and marketable title to, all its Collateral, and the same are free and clear of all liens and encumbrances other than liens in favor of the Secured Party securing the Obligations.
IV DEFAULT
The following shall constitute a default by Debtor:
Non-payment: Failure to pay the principal or any installment of principal or of interest on the indebtedness or any notes when due. In addition, Debtor shall be in default if bankruptcy or insolvency proceedings are instituted by or against the Debtor or if Debtor makes any assignment for the benefit of creditors.
Breach: Misrepresentation or misstatement in connection with, noncompliance with or nonperformance of any of Debtor’s obligations or agreements under Sections III and VII shall constitute default under this Security Agreement
Insolvency: The dissolution, termination of existence, \suspension of business, insolvency or business failure of Debtor; or appointment of a receiver, trustee or custodian, for all or any property of Debtor, assignment for the benefit of creditors by Debtor, or the commencement of any proceeding by or against Debtor under any provision 10 of the United States Bankruptcy Code, as amended, or under any other state, federal or other bankruptcy or insolvency law, now or hereafter in effect.
V SECURED PARTY’S RIGHTS AND REMEDIES
A. Secured Party may assign this security agreement, and this agreement shall be binding upon and insure to the benefit of Secured Party’s successor and assigns, and:
(1) If Secured Party does assign this security agreement, the assignee shall be entitled, upon notifying the Debtor, to performance of all Debtor’s obligations and agreements under Sections III and VII, and assignee shall be entitled to all of the rights and remedies of Secured Party under this Section V; and (2) Debtor will not assert any claims or defenses he may have against Secured Party or against its assignee except those granted in this security agreement.
B. Upon Debtor’s default, Secured Party, shall have all rights set forth under the Uniform Commercial Code, including, but not limited to Article 9, and may exercise his rights of enforcement under the Uniform Commercial Code in force in the State where the Collateral is located or where the UCC Financing Statement is filed and in conjunction with, in addition to or substitution for those rights, at Secured Party’s discretion, may (1) Declare all unpaid balances due and payable, notwithstanding otherwise stated maturities; and/or, (2) Waive any default or remedy any default in any reasonable manner without any or all Accounts or other collateral or proceeds, or to sell, transfer, compromise, waiving the default remedied and without waiving any other prior or subsequent default.
C. The Secured Party may employ agents and attorneys-in-fact in connection herewith and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith.
VI RIGHTS AND REMEDIES OF DEBTOR
Debtor shall have all the rights and remedies before or after default provided in Article 9 of the Uniform Commercial Code in force in the State of where the Collateral is located or where the UCC Financing Statement is filed. In addition, the Debtor has all rights and remedies and immunities afforded to it as a sovereign, except any waived by virtue of the inclusion of Debtor’s obligations set forth in this contract. Debtor shall not assign or transfer its rights or obligations hereunder without the prior written consent of Secured Party and any assignment or transfer made in violation of this sentence shall be void.
VII ADDITIONAL AGREEMENTS AND AFFIRMATIONS
A. Debtor Agrees and Affirms
(1) That information supplied and statements made by Debtor in any financial or credit statement or application for credit prior to this security agreement are true and correct and, (2) Debtor warrants and covenants that it will keep and maintain its business as presently constituted and will advise Secured Party immediately of any change in the name or nature or location thereof and of any fact or occurrence which does, or with lapse of time could, impair Debtor's ability to perform hereunder. (3) Debtor warrants that all locations of collateral and all corporate, partnership, doing business, trade and individual names are listed below the signature line (hereon) are absolutely accurate and complete and that it will give Secured Party at least thirty (30) days prior written notice of any change thereof, addition thereto or deletion there from.
(4) That if Debtor is also buyer of the Collateral, there are no express warranties unless they appear in writing signed by the seller and there are no implied warranties of merchantability or fitness for a particular purpose in connection with the sale of the Collateral.
B. Mutual Agreements
(1) “Debtor” and “Secured Party” as used in this security agreement include the heirs, executors or administrators, successors or assigns of those parties. (2) The law governing this secured transaction shall be that of the State where the Collateral is located or where the UCC Financing statement is filed.
(3) If more than one Debtor executes the security agreement, their obligations hereunder shall be joint and several.
11 (4) This agreement does not waive Secured Party’s rights under any other agreement that Debtor has signed with the Secured Party.
(5) Debtor authorizes Secured Party to file a UCC Financing Statement describing the Collateral and appoints Secured Party as Debtor’s agent and grants Secured Party limited Power of Attorney to sign UCC forms for the purpose of protecting Secured Party’s interest.
C. Form of Debtor’s Business
(1) Debtors represents and warrants as follows: Debtor’s business is (circle one); a. Registered Organization b. Unregistered Organization c. Individual (a) If a. Registered Organization: State where Incorporation/Formed .
(b) If b. Unregistered Organization: Location of Business (state) or if more than one place of business, “chief executive office” ________________________________. (c) If c. Individual: State or States of Residence (include all states) ______, _______, _______. - Registered Organizations include: Includes corporations, limited liability corporations and registered limited partnerships.
- Unregistered Organizations include: Partnerships.
- Individuals Include: Sole Proprietorships
D. Further Assurances.
(1) Debtor agrees to execute any further documents, and to take any further actions, reasonably requested by Secured Party to evidence or perfect the purchase money security interest granted herein or to effectuate the rights granted to the Secured Party herein.
(2) Debtor represents and warrants that Debtor’s exact legal name is set forth in the first paragraph of this Security Agreement.
(3) This Agreement is governed by the laws of the Commonwealth of Massachusetts, with the courts therein having exclusive jurisdiction over any disputes between the parties to this Agreement.
VIII INDEMNITY
To the extent permitted by law, Debtor hereby agrees to indemnify Secured Party and its affiliates, agents, and attorneys, and to hold them harmless from and against any and all claims, debts, liabilities, demands, obligations, actions, causes of action, penalties, costs and expenses (including reasonable attorneys’ fees), of every kind, which they may sustain or incur based upon or arising out of any enforcement of this Agreement or the Obligations; provided that this indemnity shall not extend to damages proximately caused by any indemnitee’s own or its representatives’ gross negligence or willful misconduct. Notwithstanding any provision in this Agreement to the contrary, the indemnity agreement set forth in this Section shall survive any termination of this Agreement and shall for all purposes continue in full force and effect.
IX MISCELLANEOUS
The captions and section headings appearing herein are included solely for convenience of reference and are not intended to affect the interpretation of any provision of this Security Agreement. This Security Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. The terms of this Security Agreement may be waived, altered or amended only by an instrument in writing duly executed by Debtor and the Secured Party. In the event that any one or more of the provisions contained in this Security Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Security Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
12 (Signature Page Follows)
IN WITNESS WHEREOF, Debtor has executed this Security Agreement as of the date indicated above.
DEBTOR NAME
BY: ____________________________________ BY:
(Print name) (Print name)
____________________________________ ___________________________________ (Signature and Title) (Signature and Title)
_________________________________________________________________________________________________
SECURED PARTY NAME
BY: __________________________ ___________
(Gary Schaefer - Credit Manager)
ACCEPTED at Creditor City, State, this _________ day of ___________________,20__________ . 13 Staff Report
City Council
Item No. 5.F
Meeting Date: May 27, 2026
From: Anne V. Ambrose, Assistant City Manager
Title: Approve Public Arts Commission's Funding Recommendations for the FY 2026/2027 Community Arts Grant Program
RECOMMENDATION:
To accept and approve the Public Arts Commission’s funding recommendations for the FY 2026/2027 Community Arts Grant Program
BACKGROUND:
In FY 2024/25, the City Council approved a grant program to fund art initiatives in the City.
A budget of $20,000 was allocated in FY 2024/2025 and FY 2025/2026 and grants were awarded to fund a broad range of arts initiatives from theater, music, spoken word, etc. The application process for FY 2026/2027 funding was opened with grants due by Friday April 24, 2026.
DISCUSSION:
The City received 10 applications for the FY 2025/2026 grant program. The Public Arts Commission reviewed the applications at a special meeting on May 11, 2026 and made the following recommendation on grants to be funded:
Organization Requested Proposed Program Awarded
Cathedral City Senior
Center $ 3,800 Year of performances $ 3,800.00 Palm Springs Gay
Men’s Chorus $ 5,000
Boogie Shoes disco themed
performance $ 4,519.00
Boys and Girls Club
of Cathedral City $ 3,800
Youth photography and editing
classes $ 3,800.00
Coachella Accapella $ 3,556
Spring Concert I Love a Piano
with CCHS $ 3,556.00
Denise Dede
Ondishko $ 3,325 One day bluegrass festival $ 3,325.00 1 Terry Hastings $ 1,000
Seminars for local artists "The
Business of Art and AI Is the
Artist's Friend $ 1,000.00
Desert Art Woman
Studios $ 3,480
Interdisciplinary project - 4 part
(rent for studio) $ -
Green Room Theater $ 5,000 Spring Shakespeare festival $ - Practical Classical $ 5,000
Operatic performances for
young adults $ -
Sunset Music and
Education
Foundation $ 5,000 Music Under the Desert Sky $ - $ 38,961 $ 20,000.00
FISCAL IMPACT:
DESCRIPTION GENERAL
LEDGER
ACCOUNT
CODES
PROJECT
CODE
AMOUNT ONE TIME or
ONGOING
2026-2027 PAC Grants 100-500-510-
513-8650-8658 G08908 $20,000 ONGOING
2026-2027 Total $20,000
FIVE-YEAR STRATEGIC PLAN:
Goal F: Embracing, Inclusive Community
F-3: Promote additional community events and celebrations ATTACHMENTS:
1. Grant Application- Senior Center
2. Grant Application- Palm Springs Gay Men’s Chorus
3. Grant Application- Boys and Girls Club of Cathedral City
4. Grant Application- Coachella Accapella
5. Grant Application- Denise Dede Ondishko
6. Grant Application- Terry Hastings
7. Grant Application- Desert Art Woman Studios
8. Grant Application- Green Room Theater
9. Grant Application- Practical Classical
10.Grant Application- Sunset Music and Education Foundation 2 CITY OF CATHEDRAL CITY
FISCAL YEAR (FY) 2025/2026
COMMUNITY ARTS GRANT PROGRAM
APPLICATIONS ARE DUE BY 5:00 PM FRIDAY, APRIL 24, 2026
Late applications will not be accepted.
Submit application to:
[email protected]
or
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Anne Ambrose,
Assistant City Manager / Public Arts Commission Liaison
To be considered for funding, a complete application must be submitted by:
• Hard copies - postmarked by April 24, 2026
• Electronic copies - received by 5:00 pm on Friday April 24, 2026. • Electronic submittal is preferred.
We are delighted to announce the opening of the application period for the Community Arts Grant Program offered by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.
The Community Arts Grant Program seeks to fund innovative projects that engage and enrich the community.
We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative-types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to inc lude art expressed in any medium, including, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means. The grant is not intended to fund permanent art pieces or installations.
We encourage artists and organizations from all backgrounds and disciplines to apply for the Community Arts Grant Program and join us in creating inspiring art and cultural experiences that enrich our community. We look forward to receiving your applications and supporting the realization of your creative visions.
BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments. 3 ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
• Applicants must submit a complete application including project proposal, budget, timeline and supporting materials.
• Applicants can be an individual (must complete a W-9), a non-profit 501(c)(3) organization, private entity, government, school, or tribal agency.
• Applicants must demonstrate that the activity proposed occurs within the geographical boundaries of the City of Cathedral City.
• Individual/Organizational residency in Cathedral City is not a requirement as long as the proposed project occurs in the City.
• Any activity proposed must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited and the activity may be provided for only a limited time. Activities may be held in the facilities of public entities, non-profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. • Grant activities must be completed by June 30, 2027.
• Grant recipients must comply with all grant requirements and reporting obligations.
GRANT APPLICATION CHECKLIST
• Community Art Grant Program Application
• Samples of art/performances/events completed relevant to the proposed project. Include attachments or links to bio’s, social media or websites. Submitted attachments can be no larger than 20mb.
• Letters of support. Optional but encouraged. Include letters of support from community partners, stakeholders, or collaborators endorsing your project and/or confirming their involvement. 4 5
6 7
8 9
Commission Liaison at (760) 770-0331.
10 11
12 13
14 15
16 17
18 19
CITY OF CATHEDRAL CITY
FISCAL YEAR (FY) 2025/2026
COMMUNITY ARTS GRANT PROGRAM
APPLICATIONS ARE DUE BY 5:00 PM FRIDAY, APRIL 24, 2026
Late applications will not be accepted.
Submit application to:
[email protected]
or
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Anne Ambrose,
Assistant City Manager / Public Arts Commission Liaison
To be considered for funding, a complete application must be submitted by:
• Hard copies - postmarked by April 24, 2026
• Electronic copies - received by 5:00 pm on Friday April 24, 2026. • Electronic submittal is preferred.
BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments.
We are delighted to announce the opening of the application period for the Community Arts Grant Program o
ffered by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.
The Community Arts Grant Program seeks to fund innovative projects that engage and enrich the community.
We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative-types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to include art expressed in any medium, incl uding, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums ; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means. The grant is not intended to fund permanent art pieces or installations.
We encourage artists and organizations from all backgrounds and disciplines to apply for the Community Arts Grant Program and join us in creating inspiring art and cultural experiences that enrich our community. We look forward to receiving your applications and supporting the realization of your creative visions. 20 ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
• Applicants must submit a complete application including project proposal, budget, timeline and supporting materials.
• Applicants can be an individual (must complete a W-9), a non-profit 501(c)(3) organization, private entity, government, school, or tribal agency.
• Applicants must demonstrate that the activity proposed occurs within the geographical boundaries of the City of Cathedral City.
• Individual/Organizational residency in Cathedral City is not a requirement as long as the proposed project occurs in the City.
• Any activity proposed must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited and the activity may be provided for only a limited time. Activities may be held in the facilities of public entities, non-profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. • Grant activities must be completed by June 30, 2026.
• Grant recipients must comply with all grant requirements and reporting obligations.
GRANT APPLICATION CHECKLIST
• Community Art Grant Program Application
• Samples of art/performances /events completed relevant to the proposed project. Include attachments or links to bio’s, social media or websites. Submitted attachments can be no larger than 20mb.
• Letters of support. Optional but encouraged. Include letters of support from community partners, stakeholders, or collaborators endorsing your project and/or confirming their involvement. 21 APPLICANT INFORMATION:
NAME (INDIVIDUAL OR ORGANIZATION):
ADDRESS:
CITY: STATE: ZIP:
CONTACT PERSON: TITLE:
TELEPHONE: EMAIL:
ORGANIZATION PRESIDENT OR CHAIR (IF APPLICABLE):
(Legal authority for organization)
IF NON-PROFIT, INCLUDE 501(c)3 number:
PROGRAM / SERVICE / EVENT INFORMATION:
GRANT AMOUNT REQUESTED Minimum $250 Maximum $5,000:
TOTAL PROGRAM / SERVICE / EVENT/ART COST:
Program/Service/Event Period or Date
Funding must be expended by 6/20/2026)
From: To:
1. Describe How The Requested F unds Will Be Used: (Include artistic concept, intended audience, community engagement strategies. Do you have community partners that will be involved in implementing this project? If so, please list along with their roles).
2. Budget: ( Provide a comprehensive budget for your project. Budget should include total grant funds requested, all project expenses including artist fees, materials, installation costs, rentals, advertising, travel costs . Do you have other funding that will be leveraged/used with these funds? If so, please include.)
3. Briefly Describe Your/Your Organization’s Background. (Describe your/your organization’s background and experience. Provide examples of any relevant work, images, or links to online portfolios that have relevance to the project being proposed. Describe your/your organization’s capacity to execute the proposed activities.) Boys & Girls Club of Cathedral City
32141 Whispering Palms Trail
92234
Resource Development Director
[email protected]
Scott Robinson
95-3507225
$3,800
$5,000
The Boys and Girls Club of Cathedral City aims to expand pathways for artistic expression for Club kids with photography and editing classes. Club kids will build their skills through structured photography activities designed to inspire creativity and collaboration. The end goal of this concept would be a mobile photography exhibit to showcase student talents at local businesses and events.
The Mobile Photography Lab is a hands-on photography and digital storytelling program for the BGCCC Leaders in Training members. The program will equip teens with iPads, digital cameras, and photo editing software to explore photography as a tool for creativity, leadership, and community connection. Participants will take part in guided community photo walks, learning how to document people, places, and stories that reflect the spirit of Cathedral City. The program will culminate in a public exhibition showcasing the students' work and celebrating their artistic growth and community voice.
Equipment & Technology – $2,750 [iPads (2 units @ $400 each) – $800 ; Digital Cameras (4 entry-level DSLR or mirrorless @ $350 each) – $1,400 ; Protective Cases & Screen Protectors (2 iPads) – $100 ; Memory Cards, Camera Bags, Accessories – $250 ; Tripods (4 @ $50 each) – $200] Software & Creative Tools – $500 [Photo Editing Apps/Subscriptions] Program Supplies – $350 [Printing materials ; journals & sketchbooks ; batteries, chargers, misc. supplies] Final Exhibition Costs – $200 [photo printing, mounting, signage, displays, light refreshments] Total: $3,800
We have other funding sources to cover artist fees and data storage subscriptions.
Since 1980, the Boys & Girls Club of Cathedral City (BGCCC) has served as a trusted and vital community resource for youth ages 6–18 from the City of Cathedral City and surrounding area. For more than four decades, the Club has been committed to its mission:“To enable all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens.”
Over the past 45 years, BGCCC has evolved to meet the changing needs of children and families—offering safe, inclusive, and enriching environments that foster academic achievement, emotional well-being, and leadership development. Today, the Club serves more than 650 members annually and reaches an additional 1,850 youth through community outreach.
Cathedral City
Kara Robinson
(760) 770-4965
7/1/26
6/30/27
CA
22 4.
Timeline: (Provide a timeline outlining key project milestones and activities from conception to completion.)
5. What Do You Ultimately Hope To Accomplish Through Your Proposed Art/P rogram/Event? How Will It Enrich Cathedral City? (Describe your goals and objectives and how many people you hope to impact as a result of your project.)
6. If Y our Art/Program/Event Costs More Than You Are Requesting From The Community Arts Grant Program, How Do You Plan To Pay For The Additional Costs? ( What Steps Have You Already Taken To Get Additional Funds Or In- Kind Support If Necessary?)
7. Do You Plan To C ontinue This Art/Program/Event Beyond The Period For Which You Have Requested The Funds? If So, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your/your organization’s history of maintaining services/programs.) July 2026 - Purchase equipment & software, book local photography professionals for class instruction
August - November 2026 - classes and activities
December 2026 - Unveiling of student photography at the BGCCC Extravaganza annual fundraising gala
January - April 2026 - Continued classes and activities, mobile exhibit at events and businesses in Cathedral City.
The Mobile Photography Lab is designed to provide Leaders in Training members with meaningful access to visual arts, technology, and self-expression. Through a combination of classroom instruction, field-based learning, and project-based exploration, youth will develop technical photography skills while building confidence, observation, and storytelling abilities.
Participants will learn the fundamentals of photography, including composition, lighting, framing, perspective, and ethical storytelling. Using iPads and digital cameras, students will capture images during organized community walks that encourage them to see Cathedral City through a creative lens. They will then use editing software to enhance and curate their images, gaining experience in digital media tools commonly used in creative industries.
Beyond photography skills, the program promotes youth leadership by encouraging participants to reflect on their surroundings, identify community strengths, and share their perspectives with the public. The final exhibition will provide a platform for young people to present their work to families, residents, and community partners, fostering pride, accomplishment, and connection.
Should expenses exceed our anticipated budget, we are actively seeking additional funding sources via grant applications. Any excess funds secured through regional, state, or national sources would be used to enhance the program with additional equipment, software, and instructors.
We are committed to ensuring that this program is fully funded and sustained for the future.
Yes, we plan on continuing this program for years to come. BGCCC is preparing to support this program with diverse funding sources from available grant opportunities regionally and nationally. The funds from this grant would help purchase equipment that will be used for this program for years to come. This includes grant applications, individual & corporate giving, community events, and fundraisers. BGCCC has successfully operated for over 45 years, maintaining and expanding critical services through careful financial planning, strong community ties, and a clear commitment to our youth. With continued support, we are confident in our ability to sustain and grow this program well into the future. 23 8.
(OPTIONAL) Is T here Anything That You Would Like To Add? If So, Please Tell Us Here:
*Attachments may be included with your submission. If including photos, files can be no larger than 20 mb.
To be considered for funding, a complete application must be submitted by:
• Hard copies - postmarked by Friday, April 24, 2026
• Electronic copies - received by 5:00 pm on Friday August 24, 2026 • Electronic submittal is preferred
Questions: Please email [email protected] or call Anne Ambrose, Public Arts Commission Liaison at (760) 770-0331.
24 25
CITY OF CATHEDRAL CITY
FISCAL YEAR (FY) 2025/2026
COMMUNITY ARTS GRANT PROGRAM
APPLICATIONS ARE DUE BY 5:00 PM FRIDAY, APRIL 24, 2026
Late applications will not be accepted.
Submit application to:
[email protected]
or
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Anne Ambrose,
Assistant City Manager / Public Arts Commission Liaison
To be considered for funding, a complete application must be submitted by:
• Hard copies - postmarked by April 24, 2026
• Electronic copies - received by 5:00 pm on Friday April 24, 2026. • Electronic submittal is preferred.
BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments.
We are delighted to announce the opening of the application period for the Community Arts Grant Program offere
d by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.
The Community Arts Grant Program seeks to fund innovative projects that engage and enrich the community.
We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative-types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to include art expressed in any medium, incl uding, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums ; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means. The grant is not intended to fund permanent art pieces or installations.
We encourage artists and organizations from all backgrounds and disciplines to apply for the Community Arts Grant Program and join us in creating inspiring art and cultural experiences that enrich our community. We look forward to receiving your applications and supporting the realization of your creative visions. 26 ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
• Applicants must submit a complete application including project proposal, budget, timeline and supporting materials.
• Applicants can be an individual (must complete a W-9), a non-profit 501(c)(3) organization, private entity, government, school, or tribal agency.
• Applicants must demonstrate that the activity proposed occurs within the geographical boundaries of the City of Cathedral City.
• Individual/Organizational residency in Cathedral City is not a requirement as long as the proposed project occurs in the City.
• Any activity proposed must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited and the activity may be provided for only a limited time. Activities may be held in the facilities of public entities, non-profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. • Grant activities must be completed by June 30, 2026.
• Grant recipients must comply with all grant requirements and reporting obligations.
GRANT APPLICATION CHECKLIST
• Community Art Grant Program Application
• Samples of art/performances /events completed relevant to the proposed project. Include attachments or links to bio’s, social media or websites. Submitted attachments can be no larger than 20mb.
• Letters of support. Optional but encouraged. Include letters of support from community partners, stakeholders, or collaborators endorsing your project and/or confirming their involvement. 27 28
29 30
31 part harmony acappella women's chorus appeals to many demographic groups, including younger children, seniors, and those in between as evidenced by those who attend the ensemble's concerts. Further, the ensemble is often engaged to perform at private events, demonstrating the appeal of the chorus. Partners are the three high schools currently participating with Coachella Acappella, as well as CCHS. Additionally, the chorus will work with at least one organization serving seniors to perform a dress rehearsal at their facility, so individuals who otherwise would not attend a concert have an opportunity to hear the chorus performance.
2. Budget: (Provide a comprehensive budget for your project. Budget should include total grant funds requested, all project expenses including artist fees, materials, installation costs, rentals, advertising, travel costs. Do you have other funding that will be leveraged/used with these funds? If so, please include.)
The total budget for the concert is $10,201.
$1,500 venue rental (assumes CCHS as venue)
$ 720 vocal tracks for chorus (assumes 12 new pieces of music, at $60 per song) $1,056 music licensing fee for chorus (assumes 22 chorus members and 12 new pieces of music, at a cost of $4 per copy)
$ 120 learning tracks for CCHS students (assumes 2 pieces of music for CCHS students only) $ 160 music licensing fee for CCHS students (assumes 4 pieces of music with 2 sung with chorus)
$ 500 guest performer fees
$ 500 advertising
$ 524 program printing
$4,000 artistic director stipend
$1,121 rehearsal space fees for 9-month grant period
Coachella Acappella is requesting $3,556 in grant funding from Cathedral City, representing 35% of the total costs for concert. The grant funding includes $2,000 toward the Artistic Director's stipend; funding for the learning tracks and music for CCHS students ($280), $720 for the vocal tracks for the new music, two of which will also be used by the CCHS students; and $556 toward the music licensing fees for the chorus' new music.
Coachella Acappella generates income from ticket sales, singer dues, advertising in programs, donations, and hired events. In addition to the grant, the spring 2027 concert will use funds from these sources to produce the concert.
3. Briefly Describe Your/Your Organization’s Background. (Describe your/your organization’s background and experience. Provide examples of any relevant work, 32 images, or links to online portfolios that have relevance to the project being proposed.
Describe your/your organization’s capacity to execute the proposed activities.)
Established in July, 2019, the women's chorus weathered the shutdown of the pandemic, moving rehearsals to Zoom, so members could continue to rehearse and learn music. Providing community concerts, working with local high school students, including them in concert performances, and singing for public and private events, Coachella Acappella's membership has grown, along with its reputation for providing outstanding non-accompanied four-part harmony singing. For example, they performed multiple nights at The Living Desert during December, performing Christmas and Hanukkah music, as hired entertainment. On April 15, they performed at The Cascade Lounge in the Palm Springs Agua Caliente Casino, with a packed house. The ensemble will perform a selection of songs from this concert, along with the high school students, on April 29 at the Rancho Mirage Library and Observatory. One of the benefits for women interested in singing with Coachella Acappella, as well as for the high school students who participate, is that a member does not need to read music to sing with the ensemble. Practice tapes are provided for each part, allowing singers without an ability to read music to join. Often, vocal ensembles require music reading and sight singing to participate.
Thus, Coachella Acappella and AcaChella allow women and girls who love to sing an opportunity to participate. More information about the organization is found at http://www.coachellaacappella.org. A short video can be viewed here:
https://www.youtube.com/watch?v=0MkgUWh7mos
The organization has an annual budget of less than $25,000.
4. Timeline: (Provide a timeline outlining key project milestones and activities from conception to completion.)
August 2026: purchase music for concert, finalize date for concert and retain concert venue, establish rehearsal times for Cathedral City high school students September 2026: begin rehearsing music for spring concert (2027); recruit CCHS students, begin rehearsing music and voice technique with students
September 2026 - October 2026: identify interested senior facilities in Cathedral City, including the Senior Center, to establish a date for a pre-concert performance. Reach agreement on date September 2026 - February 2027: continue to pursue grants, donors, corporate sponsors, and others to support the spring concert; continue recruitment of CCHS students March 2027: perform modified concert repertoire at senior venue, including CCHS students in performance
March 2027 - April 2027: Advertise spring concert; finalize concert logistics; sell tickets; perform concert at least once at selected venue
5. What Do You Ultimately Hope To Accomplish Through Your Proposed Art/Program/Event? How Will It Enrich Cathedral City? (Describe your goals and objectives and how many people you hope to impact as a result of your project.)
33 Goal: Engage Cathedral City residents in women's choral singing Objective 1: Re-establish an AcaChella program at CCHS, supporting girls in four-part acappella singing
Objective 2: Perform in at least one senior facility for residents/attendees to enjoy a free concert of women's four-part unaccompanied singing
Objective 3: Perform a concert in Cathedral City, to engage residents in the joys of choral singing
6. If Your Art/Program/Event Costs More Than You Are Requesting From The Community Arts Grant Program, How Do You Plan To Pay For The Additional Costs? (What Steps Have You Already Taken To Get Additional Funds Or In-Kind Support If Necessary?)
Since its establishment, Coachella Acappella has generated funds for its concerts and performances through singer dues, advertising in programs, grant applications, donations, ticket sales, and fees earned from performing at private events. These activities will continue to support funding the spring 2027 concert.
7. Do You Plan To Continue This Art/Program/Event Beyond The Period For Which You Have Requested The Funds? If So, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your/your organization’s history of maintaining services/programs.)
Coachella Acappella is an ongoing choral ensemble, with regular recruitment of new members for the chorus and high school students. With the exception of the pandemic years, the chorus has offered a spring concert each year to residents of the Coachella Valley, performing in various venues across the valley (e.g., Palm Springs, Palm Desert, Cathedral City, etc.). The Chorus board of directors works to obtain advertising funds, performance underwriting, paid private performances, and donations to sustain the ensemble and supplement member dues and ticket sales. The ensemble also pursues grants.
8. (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:
The 2019 study about choral singing, conducted by Grunwald Associates LLC and Chorus America (The Chorus Impact Study: Singing for a Lifetime) demonstrated the broad benefits of choral singing for singers and communities. Among the findings are that choral singing is a significant part of American life, with more than 54 million Americans singing in some type of choral ensemble. Choral singers make strong contributions to their communities, including volunteering more often than those who do not sing in a chorus and being more likely to assume leadership roles in the community, when compared to those not singing in a chorus.
For older singers, who are over 65 years of age, they experience a better quality of life and experience better health than their peers who are not participating in a chorus. Further, older singers participate in a wider range of activities than their peers who do not sing in a chorus. 34 The last finding of the study was that individuals who sing in a chorus feel less lonely and are more connected to others than their peers who do not participate in a chorus. Overall, these findings demonstrate that choral singing, such as with Coachella Acappella, benefits both the individuals who participate as well as the community as a whole. Funding to sustain choral singing is a wise investment for communities.
35 Karen Blinkinsop <[email protected]>
Fwd: final draft Karen's Choral Letter of Reco to CC April 2026 1 message
Rebecca M Hendrickson <[email protected]> Tue, Apr 21, 2026 at 4:41 PM To: [email protected]
April 21, 2026
To Whom It May Concern at Cathedral City Community
Arts Grant Program,
My name is Rebecca M. Hendrickson. I have resided in the Coachella Valley for 27 years. My engagement with our community has been deliberate and varied having served on the Board of the Palm Springs High School Band for four years, served as Chaperone for two international Band trips, been a Girl Scout leader for ten years, participated in the Path of the Bighorn as an artist (my ram resides at the Rancho Mirage Library), been an Odyssey of the Mind team coach to youth, helped originate a Middle School Debate Team, have been and currently am a volunteer at Hidden Harvest, 36 and trained and volunteered as an art instructor in elementary schools in Palm Springs. I taught college level art at an all-women’s college previous to living in the desert. Also, I am a mother of 34- year old twin daughters.
My experience has allowed me a clear window in to the minds, perspectives, and potentials of young women. It has allowed me to acknowledge and emphasize the importance of engagement of high school young women in positive, life-influencing activities. These are vital to female students to help them realize successful lives in careers, community, and family. They provide a sense of self-worth and self-confidence.
It is, therefore, my pleasure to endorse and support the work of Alan Scott and the Coachella Acappella Women’s Chorus. This established community choral group began an outreach program in 2023 called Acachella. It involves recruiting of, training of, and offering performances for female high school students. Under Mr. Scott’s leadership and his adult singers’ enthusiasm and talent, the initial program at Palm Springs High School grew to serve three high schools . They meet in their free time during lunch to learn and practice. They do not receive school credit for this. They participate because they want to learn and have fun together.
The students receive voice and music instruction from Mr. Scott and various adult choir members.
They learn how to participate in a group while pursuing their individual goals and talents. They acquire self-confidence within their weekly practices that is further elevated as they perform for the public during concerts. They learn responsibility – showing up on time for practice and being prepared to sing their individual parts. They realize positive participation experiences in community as well as individual benefits. All of these attributes build character and contribute to healthy and successful lives.
I have witnessed firsthand from my own daughters and their schoolmates at Palm Springs Unified School District the positive effects of extra-curricular high school activities. They are stepping stones to building engaged lives. They give confidence to pursue individual as well as group goals. They support an “I can do that” attitude that reaches far in to their futures. They are enjoyable as well as excellent learning opportunities. For all of these reasons, the Acachella program is worthy of growth and to remain free for students.
37 The Coachella Acappella Women’s Chorus desires to bring the whole Chorus and Acachella to Cathedral City through this grant.
I greatly encourage your organization, Cathedral City Community Arts Grant Program, to assist in the further development of the worthwhile efforts of Acachella and the Coachella Acappella Women’s Chorus. Female high school students in Cathedral City will thrive and taste success through personal growth and community engagement and residents and senior citizens will prosper with musical performances and cultural opportunities. Please consider their grant request.
If I can provide further information, please do not hesitate to contact me.
Best regards,
Rebecca M. Hendrickson
2301 N. Via Monte Vista 760-668-5270 Palm Springs, CA 92262 [email protected] 38 Karen Blinkinsop <[email protected]>
The Living Desert Zoo and Gardens Testimonial for Grant Opportunity Judy Esterbrook <[email protected]> Mon, Apr 20 at 5:28 PM To: Karen Blinkinsop <[email protected]>
We have collaborated with Coachella Acappella for the last several years on our annual WildLights event. The team has brought joy and smiles to our guests as they enter the zoo during the holidays. They have been such a great addition to the event and really set the tone for a beautiful sense of arrival for this beloved community event. We encourage you to consider them highly for this grant opportunity. The chance to experience acappella in person is a rare opportunity. We hope that you will help them preserve this enriching experience for new generations to come.
Wild regards,
Judy
Judy Esterbrook
Senior Manager – Sales, Partnerships & Special Events
(760) 346-5694 ext. 2123 | [email protected] Direct (760) 346-9810
47900 Portola Avenue, Palm Desert, CA 92260
TLD - Email SIgnature.jpg
39 CITY
OF CATHEDRAL CITY
FISCAL YEAR (FY) 2025/2026
COMMUNITY ARTS GRANT PROGRAM
APPL
ICATIONS ARE DUE BY 5:00 PM FRIDAY, APRIL 24, 2026
Late applications will not be accepted.
Submit application to:
[email protected]
or
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Anne Ambrose,
Assistant City Manager / Public Arts Commission Liaison To be consi
dered for funding, a complete application must be submitted by:
• Hard copies - postmarked by April 24, 2026
• Electronic copies - received by 5:00 pm on Friday April 24, 2026. • Electronic submittal is preferred.
BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments.
We are delighted to announce the opening of the application period for the Community Arts Grant Program offered
by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.
The Community Arts Grant Program seeks to fund innovative projects that engage and enrich the community.
We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative-types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to include art expressed in any medium, incl uding, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums ; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means. The grant is not intended to fund permanent art pieces or installations.
We encourage artists and organizations from all backgrounds and disciplines to apply for the Community Arts Grant Program and join us in creating inspiring art and cultural experiences that enrich our community. We look forward to receiving your applications and supporting the realization of your creative visions. 40 ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
• Applicants must submit a complete application including project proposal, budget, timeline and supporting materials.
• Applicants can be an individual (must complete a W-9), a non-profit 501(c)(3) organization, private entity, government, school, or tribal agency.
• Applicants must demonstrate that the activity proposed occurs within the geographical boundaries of the City of Cathedral City.
• Individual/Organizational residency in Cathedral City is not a requirement as long as the proposed project occurs in the City.
• Any activity proposed must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited and the activity may be provided for only a limited time. Activities may be held in the facilities of public entities, non-profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. • Grant activities must be completed by June 30, 2027.
• Grant recipients must comply with all grant requirements and reporting obligations.
GRANT AP
PLICATION CHECKLIST
• Community Art Grant Program Application
• Samples of art/performances /events completed relevant to the proposed project. Include attachments or links to bio’s, social media or websites. Submitted attachments can be no larger than 20mb.
• Letters of support. Optional but encouraged. Include letters of support from community partners, stakeholders, or collaborators endorsing your project and/or confirming their involvement. 41 42
43 44
Describe How The Requested Funds Will Be Used: (Include artistic concept, intended audience, community engagement strategies. Do you have community partners that will be involved in implementing this project? If so, please list along with their roles).
Funds are requested to host a first-time, one-day bluegrass festival for players and songwriters in February 2027. The purpose of this festival is to engage and enrich the community musicians of Coachella Valley with more diverse genre of music, to increase and improve community musician’s enjoyment, writing and participation in live bluegrass and folk music and to raise their level of musicianship through close proximity and guidance from leading performers. In short, to build a stronger, broader, and more inclusive music community in the valley.
The funds will be used to provide a single day event, free and open to the public, on (tentative) February 28, 2027 from 2:30PM to 9:00PM, held at the Date Palm Country Club Community Clubhouse (36200 Date Palm Dr, Cathedral City, Max capacity: 250). Three bands will be hired to lead small group jam sessions, songwriting sessions and then to perform on the clubhouse stage for an evening program. (Outdoor setting may be explored.) Dinner boxes will be available for purchase from Nick’s Bistro (caterer) and provided free to the artists. This restaurant is located adjacent to the clubhouse and oƯers a full sit-down restaurant area and bar.
General public will be invited to participate by way of direct email, social media advertisements, online calendars, flyers posted at local businesses (library, etc) throughout the valley and personal distribution to contacts from the Date Palm Bluegrass and Folk Jam group (150 members, 8 years standing), Additional participants and volunteers will be invited from the Traditional Irish Folk Sessions (35 members, 7 years standing), Americana Guest House (123 members, 40 artists, 3 years standing), the Date Palm Country Club (several mobile home parks in the valley), other community music jam groups and students in public schools where guitar and strings are oƯered. Leading bands and songwriters will be invited from the southern California area (tentative: Water Tower, The Guest House, Sun Valley String Band, Lowkey Groove and The Cathedral City Bluegrass Band).
Community partners include:
Date Palm Country Club – Mary Linhart to host facilities A-Plus Printing and Wraps – 15-20% discount on printing Not Another Font – 50% discount on artwork
Natalie and Jason Powell – 50% discount on video and audio services Date Palm Bluegrass and Folk Jam Group – volunteer and donations
Event Schedule:
2:30 - 4:00 Songwriter Forum (indoor)
4:00 - 5:30 Small Group Jams (indoor and outdoor on the grounds) 5:30 - 6:30 Dinner Break (box meals available in-house or restaurants oƯ site) 6:30 – 9:00 Band Performances (30, 45, 45-minute sets)
45 Budget: (Provide a comprehensive budget for your project. Budget should include total grant funds requested, all project expenses including artist fees, materials, installation costs, rentals, advertising, travel costs. Do you have other funding that will be leveraged/used with these funds? If so, please include.) EXPENSES: $4,025
Artist Fees: $2,900
Bands: $2,500 (including travel) for 1 headliner band and 2 local bands Videographer: $200 Natalie Powell (discount applied below) Sound Engineer: $200 Jason Powell (discount applied below)
Advertising: $800
Printing: $500 by A-Plus Signs, Wraps and Print for posters, banner, A-frame, reminder sheets. (discount applied below)
Artwork: $300 by Not-Another-Font for poster & banner, including three revisions (discount applied below)
Materials: $100
Date Palm CC in-kind donation of chairs, tables, lighting Sound system provided by Dede Ondishko and Kim Halter
Miscellaneous: $100 for RaƯle tickets, raƯle buckets, wrist bands, incidentals Venue: $0
Date Palm CC donation of grounds, kitchen, patio, restrooms, parking, etc.
Food: $225
Artist meals: $225 by Nick’s Bistro for water, drinks, catered snacks and dinner for 15 artists. NOTE: additional meals will be available for purchase and are not part of the funding. (Variety meat and vegan options available for $12-15, drinks also available.)
Event Management: $0
Volunteers by members of the Date Palm Bluegrass and Folk jam FUNDING: $4,025 - $4,275
Cathedral City Artist Grant Funding: $3,325
RaƯle: $275 - $500 (donated lessons, music performances, music instruments, services, goods) by Date Palm Bluegrass and Folk Jam group
Sound and Video: $200 (50% discount) by the Powell’s
Artwork: $150 (50% discount) by Not-Another-Font
Advertising: $75-100 (15-20% discount) by A-Plus Signs, Wraps and Print
46 Briefly Describe Your/Your Organization’s Background. (Describe your/your organization’s background and experience. Provide examples of any relevant work, images, or links to online portfolios that have relevance to the project being proposed.
Describe your/your organization’s capacity to execute the proposed activities.)
Denise (Dede) Ondishko, Ph.D., is a retired public school music teacher and has been directing, designing and conducting large and small performances for decades. Here in the valley, Ondishko has built a growing community of musicians, songwriters and music students. For the past several years, Ondishko has led music jam groups for bluegrass, folk, and Irish music. She hosts a variety music show, Americana Guest House, at the Palm Springs Cultural Center featuring local songwriters and performers. She hosts an open mic at the Shadow Mountain Golf Course featuring original songwriters during the season. She is a seasoned festival volunteer at music festivals throughout California, Utah and Colorado and this will be the first time she is organizing a festival herself.
Jason Powell and his wife Natalie have been contributing to the sound and video recording for three years at the Palm Springs Cultural Center as part of the Americana Guest House show. Jason and Dede both perform in this event and the Cathedral City Bluegrass Band.
Dr. Powell teaches strings and choir at Palm Springs High School. They are happy to extend their services to this event.
The participants of the Date Palm Bluegrass and Folk Jam are hard-working retired professionals who have demonstrated willingness to help and get involved in events like this. A good handful will take leadership beforehand and during the day.
Website: www.deniseondishko.com
AMERICANA GUEST HOUSE Tickets, Multiple dates | Eventbrite Youtube: @deniseondishko6823
Water Tower: California Punk Rock Bluegrass Band
The Guesthouse Band - Los Angeles Bluegrass
Better Think Twice (Lagoon Sessions)
Wade in the River (Lagoon Sessions)
Photos:
Date Palm Bluegrass and Folk Jam group 2026
47 Timetable: (Provide a timeline outlining key project milestones and activities from conception to completion.)
August 2026: (or earlier, when funding is confirmed)
Secure clubhouse reservation
Secure 3 bands
Create artwork for posters/banners/advertisements
Secure caterer
Secure sound engineer
Secure videographer
September – December 2026:
Request donations for the raƯle (lessons, equipment, instruments) Advertise round 1: save the date, online calendars, social media Recruit volunteers (advertising, logistics, parking, jam leaders, setup, cleanup) Prepare logistic map for flow, parking
January 2026:
Advertise round 2: promote event (paper and reminder cards), social media Assign volunteer tasks
Gather donations and prepare raƯle
February 1:
Advertise round 3: local news, social media, word-of-mouth Confirm bands, caterer, sound engineer, videographer, volunteers February 28:
Prep event space
Host event (song writers, jam sessions, concert)
Clean up
Deliver raƯle prizes if winner not present
48 What Do You Ultimately Hope To Accomplish Through Your Proposed Art/Program/Event? How Will It Enrich Cathedral City? (Describe your goals and objectives and how many people you hope to impact as a result of your project.)
I love living in Cathedral City. Here, we are central to all the other boroughs of the valley.
Many of my performing musical colleagues live in town with me and it sure would be grand to make a point of that! I believe this event will draw a wide number of valley music lovers and musicians. I believe this event will show a more diverse cultural experience because folk and bluegrass music are not often heard in the valley restaurants and venues. Through musical interaction with professional players and songwriters in the bluegrass and folk genre, community musicians of all ages and abilities will learn how to better play a tune, better pull oƯ a riƯ, find a better key, learn a new song, write a better song and a be happier about it. Up to 350 people could be in attendance during the day, with each person taking home more skill and knowledge to share with their musical communities. Short-term, more people will join in on the weekly bluegrass and folk jam held weekly in Cathedral City.
More artists will step up to participate in open mics in town and coƯee shop performances.
Long-term, (esp. if this festival becomes an annual event) it will bring attention to the city from a wider audience of southern California residents and Canadians who are seeking music festivals during the peak season.
49 If Your Art/Program/Event Costs More Than You Are Requesting From The Community Arts Grant Program, How Do You Plan To Pay For The Additional Costs? (What Steps Have You Already Taken To Get Additional Funds Or In-Kind Support If Necessary?)
I have asked the Date Palm Bluegrass and Folk Jam group to provide volunteer work and donations (both materials and monies) to help make sure the event is fully covered.
Several members are luthiers and longtime musicians with spare gear to share. We will also solicit local businesses for sponsorship items.
50 Do You Plan To Continue This Art/Program/Event Beyond The Period For Which You Have Requested The Funds? If So, How Do You Plan To Continue Paying For It? (Describe the types of eƯorts you will undertake to raise funds as well as your/your organization’s history of maintaining services/programs.)
There are no additional activities after this event other than the ongoing management of the Date Palm Bluegrass and Folk Jam. I am hoping this event is a success and becomes worthy of using the Cathedral City Amphitheater in future years. 51 52
53 54
55 56
57 To: Cathedral City Community Arts Program April 19th, 2026 From: Susan O. Thoen, Booking & Bass Director, Blue Creek Band Re: Dr. Denise Ondishko, Ph.D. Proposa
Dear Arts Program Directors,
My name is Susan Thoen, and I am a Musician, Songwriter and Performer with a background in Marketing and Promotions for two Bands in Southern California. I have had the great pleasure to have played with, worked alongside and been advised by Denise (Dede) Ondishko Since 2022. She is the ultimate professional with unbounded energy, enthusiasm and community building in this wonderful world of live music. Her support for musicians has been the springboard for creativity and kinship everywhere she goes.
I highly recommend Dede, as an organizer, a community builder and artis advocate. Her proposal for the Songwriter Festival and Bluegrass Jam will convey all of her true passion for leading an event with inclusiveness, educational forum and inspiration for all of the participants and fans in the Valley and beyond.
Thank you for considering my support for Dr. Denise Ondishko, Dede as we all know her!
Sincerely,
Susan O. Thoen
Susan Thoen
Booking, Bass & Vocals -Blue Creek Band
Songwriter - Low Key Grooves
[email protected]
678.215.4571
58 CITY
OF CATHEDRAL CITY
FISCAL YEAR (FY) 2025/2026
COMMUNITY ARTS GRANT PROGRAM
APPL
ICATIONS ARE DUE BY 5:00 PM FRIDAY, APRIL 24, 2026
Late applications will not be accepted.
Submit application to:
[email protected]
or
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Anne Ambrose,
Assistant City Manager / Public Arts Commission Liaison To be consi
dered for funding, a complete application must be submitted by:
• Hard copies - postmarked by April 24, 2026
• Electronic copies - received by 5:00 pm on Friday April 24, 2026. • Electronic submittal is preferred.
BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments.
We are delighted to announce the opening of the application period for the Community Arts Grant Program offered
by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.
The Community Arts Grant Program seeks to fund innovative projects that engage and enrich the community.
We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative-types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to include art expressed in any medium, incl uding, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums ; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means. The grant is not intended to fund permanent art pieces or installations.
We encourage artists and organizations from all backgrounds and disciplines to apply for the Community Arts Grant Program and join us in creating inspiring art and cultural experiences that enrich our community. We look forward to receiving your applications and supporting the realization of your creative visions. 59 ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
• Applicants must submit a complete application including project proposal, budget, timeline and supporting materials.
• Applicants can be an individual (must complete a W-9), a non-profit 501(c)(3) organization, private entity, government, school, or tribal agency.
• Applicants must demonstrate that the activity proposed occurs within the geographical boundaries of the City of Cathedral City.
• Individual/Organizational residency in Cathedral City is not a requirement as long as the proposed project occurs in the City.
• Any activity proposed must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited and the activity may be provided for only a limited time. Activities may be held in the facilities of public entities, non-profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. • Grant activities must be completed by June 30, 2027.
• Grant recipients must comply with all grant requirements and reporting obligations.
GRANT AP
PLICATION CHECKLIST
• Community Art Grant Program Application
• Samples of art/performances /events completed relevant to the proposed project. Include attachments or links to bio’s, social media or websites. Submitted attachments can be no larger than 20mb.
• Letters of support. Optional but encouraged. Include letters of support from community partners, stakeholders, or collaborators endorsing your project and/or confirming their involvement. 60 61
62 63
CITY OF CATHEDRAL CITY
FISCAL YEAR (FY) 2025/2026
COMMUNITY ARTS GRANT PROGRAM
APPLICATIONS ARE DUE BY 5:00 PM FRIDAY , APRIL 24, 2026 Late applications will not be accepted.
Submit application to:
[email protected] or
City of Cathedral City
68700 Avenida Lalo Guerrero Cathedral
City, CA 92234
Attention: Anne Ambrose,
Assistant City Manager / Public Arts Commission Liaison
To be considered for funding, a complete application must be submitted by:
• Hard copies - postmarked by April 24, 2026
• Electronic copies - received by 5:00 pm on Friday April 24, 2026. • Electronic submittal is preferred.
BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments.
We are delighted to announce the opening of the application period for the Community Arts Grant Program offe
red by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.
The Community Arts Grant Program seeks to fund innovative projects that engage and enrich the community.
We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative -types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to include art expressed in any medium, including, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means. The grant is not intended to fund permanent art pieces or installations.
64 65
66 67
68 CITY
OF CATHEDRAL CITY
FISCAL YEAR (FY) 2025/2026
COMMUNITY ARTS GRANT PROGRAM
APPL
ICATIONS ARE DUE BY 5:00 PM FRIDAY, APRIL 24, 2026
Late applications will not be accepted.
Submit application to:
[email protected]
or
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Anne Ambrose,
Assistant City Manager / Public Arts Commission Liaison To be consi
dered for funding, a complete application must be submitted by:
• Hard copies - postmarked by April 24, 2026
• Electronic copies - received by 5:00 pm on Friday April 24, 2026. • Electronic submittal is preferred.
BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments.
We are delighted to announce the opening of the application period for the Community Arts Grant Program offered
by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.
The Community Arts Grant Program seeks to fund innovative projects that engage and enrich the community.
We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative-types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to include art expressed in any medium, incl uding, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums ; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means. The grant is not intended to fund permanent art pieces or installations.
We encourage artists and organizations from all backgrounds and disciplines to apply for the Community Arts Grant Program and join us in creating inspiring art and cultural experiences that enrich our community. We look forward to receiving your applications and supporting the realization of your creative visions. 69 ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
• Applicants must submit a complete application including project proposal, budget, timeline and supporting materials.
• Applicants can be an individual (must complete a W-9), a non-profit 501(c)(3) organization, private entity, government, school, or tribal agency.
• Applicants must demonstrate that the activity proposed occurs within the geographical boundaries of the City of Cathedral City.
• Individual/Organizational residency in Cathedral City is not a requirement as long as the proposed project occurs in the City.
• Any activity proposed must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited and the activity may be provided for only a limited time. Activities may be held in the facilities of public entities, non-profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. • Grant activities must be completed by June 30, 2027.
• Grant recipients must comply with all grant requirements and reporting obligations.
GRANT AP
PLICATION CHECKLIST
• Community Art Grant Program Application
• Samples of art/performances /events completed relevant to the proposed project. Include attachments or links to bio’s, social media or websites. Submitted attachments can be no larger than 20mb.
• Letters of support. Optional but encouraged. Include letters of support from community partners, stakeholders, or collaborators endorsing your project and/or confirming their involvement. 70 71
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77 78
CITY OF CATHEDRAL CITY
FISCAL YEAR (FY) 2025/2026
COMMUNITY ARTS GRANT PROGRAM
APPLICATIONS ARE DUE BY 5:00 PM FRIDAY, APRIL 24, 2026
Late applications will not be accepted.
Submit application to:
[email protected]
or
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Anne Ambrose,
Assistant City Manager / Public Arts Commission Liaison To be considered for funding, a complete application must be submitted by:
• Hard copies - postmarked by April 24, 2026
• Electronic copies - received by 5:00 pm on Friday April 24, 2026. • Electronic submittal is preferred.
BEFORE SUBMITTING: Check each item included in your application package. Ensure all required text fields and applicable boxes are completed. While filling out the application, if additional space is needed, please attach additional pages to the application or include other attachments.
We are delighted to announce the opening of the application period for the Community Arts Grant Program offered by the City of Cathedral City. This grant aims to support artists and organizations in the creation and implementation of art and art education projects that contribute to the cultural vitality and vibrancy of our community.
The Community Arts Grant Program seeks to fund innovative projects that engage and enrich the community.
We welcome proposals from artists, performers, dancers, authors, poets, musicians, designers, artist collectives, non-profit organizations, governmental, tribal and community groups and any other creative-types who are passionate about using the arts as a means of community beautification, social transformation, cultural appreciation, and civic dialogue. "Art" can be defined in the broadest extent to include art expressed in any medium, including, without limitation, painting, sculpture, photography, lithography and other physical mediums; music, singing, spoken word, and other auditory mediums ; plays, films, dance, and other performance medium; literature and poetry, art history and interpretation; clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, performances, writings, films, audio recordings, and similar means. The grant is not intended to fund permanent art pieces or installations.
We encourage artists and organizations from all backgrounds and disciplines to apply for the Community Arts Grant Program and join us in creating inspiring art and cultural experiences that enrich our community. We look forward to receiving your applications and supporting the realization of your creative visions. 79 ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
• Applicants must submit a complete application including project proposal, budget, timeline and supporting materials.
• Applicants can be an individual (must complete a W-9), a non-profit 501(c)(3) organization, private entity, government, school, or tribal agency.
• Applicants must demonstrate that the activity proposed occurs within the geographical boundaries of the City of Cathedral City.
• Individual/Organizational residency in Cathedral City is not a requirement as long as the proposed project occurs in the City.
• Any activity proposed must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited and the activity may be provided for only a limited time. Activities may be held in the facilities of public entities, non-profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. • Grant activities must be completed by June 30, 2027.
• Grant recipients must comply with all grant requirements and reporting obligations.
GRANT APPLICATION CHECKLIST
• Community Art Grant Program Application
• Samples of art/performances/events completed relevant to the proposed project. Include attachments or links to bio’s, social media or websites. Submitted attachments can be no larger than 20mb.
• Letters of support. Optional but encouraged. Include letters of support from community partners, stakeholders, or collaborators endorsing your project and/or confirming their involvement. 80 81
82 83
Sunset Music and Education Foundation Cathedral City Grant Supplemental Sheet Project: Cathedral City Community Music Experience: Music Under the Desert Sky
SUPPLEMENTAL SHEET FOR QUESTION 1
Describe How the Requested Funds Will Be Used
The Sunset Music and Education Foundation (SMEF) will use grant funds to produce a Cathedral City Community Music Experience, a public arts event that combines professional live music, youth participation, and community connection through an inclusive cultural celebration held in Cathedral City.
How Funds Will Be Used
• Professional artist fees
• Student performer stipends
• Sound and production services
• Venue/equipment rentals
• Marketing and outreach
• Event coordination and administration
• Community access support
Artistic Concept
We feature student performers alongside professional musicians, creating the kind of unforgettable moment when a young person realizes they belong on that stage too. The artistic concept centers on music as a bridge—bringing people together across generations, cultures, and neighborhoods through the power of live performance. Through SMEF’s SMARTS Initiative (Sharing Music, Accessing Resources, Transforming Students), emerging youth artists share the spotlight with seasoned professionals, gaining confidence, mentorship, and real-world experience in front of a live audience. Programming may include jazz, soul, blues, spoken word, and culturally rooted music that reflects the rich diversity and spirit of our region.
Intended Audience
Cathedral City residents, families, youth, students, seniors, arts supporters, visitors, and underserved community members with limited access to arts programming.
Community Engagement Strategies
• Outreach to Cathedral City schools
• Collaboration with youth-serving organizations
• Promotion through social media and email campaigns
• Flyers and digital marketing
• Invitations to neighborhood groups and seniors
• Encouraging family attendance
• Opportunities for youth to perform and engage directly with artists 84 Community Partners & Roles
• Cathedral City schools – student referrals, youth performers, family outreach • Local youth organizations – participant recruitment and engagement • Senior/community centers – audience outreach and participation • Local businesses – sponsorships, in-kind support, promotion • City stakeholders – coordination and civic engagement support • SMEF volunteers and board members – event operations and guest services
SUPPLEMENTAL SHEET FOR QUESTION 2
Budget
Expense Category Amount
Professional Artist Fees $2,000
Sound / Production $1,000
Student Artist Stipends $500
Marketing & Outreach $750
Venue / Equipment / Rentals $500
Administration / Coordination $250
Total Grant Request $5,000
Additional project costs will be supported through sponsorships, donations, ticket revenue if applicable, and in-kind volunteer support.
SUPPLEMENTAL SHEET FOR QUESTION 4
Timeline
July–August 2026 – Project planning, Cathedral City outreach, venue coordination September–October 2026 – Artist booking, student recruitment, partner engagement November–December 2026 – Marketing, sponsorship outreach, production planning January–March 2027 – Rehearsals, community outreach, technical planning Spring 2027 – Present Cathedral City Community Music Experience Post Event – Evaluation, reporting, future planning
85 SUPPLEMENTAL SHEET FOR QUESTIONS 5–8
Question 5: What Do You Ultimately Hope To Accomplish?
We hope to create a joyful, accessible arts experience that enriches Cathedral City by bringing residents together through music, youth participation, and cultural celebration. Goals include serving 200+ attendees, creating meaningful performance opportunities for young artists, expanding access to live arts experiences, celebrating the city’s diversity, and strengthening community connection. Our vision is to present this event at the Cathedral City Amphitheater— transforming a public space into a vibrant gathering place where families, neighbors, and visitors come together to share in the power of music, culture, and community.
Question 6: If Costs Exceed Grant Request
Any additional costs will be covered through individual donations, sponsorships, ticket revenue if applicable, in-kind contributions, board support, and volunteer services.
Question 7: Will You Continue Beyond the Grant Period?
Yes. SMEF intends to build ongoing arts programming in Cathedral City through future sponsorships, fundraising, grants, ticket revenue, and community partnerships.
Question 8: Additional Information
SMEF believes the arts do more than entertain—they heal, connect, inspire, and transform communities. We would be honored to partner with Cathedral City to create meaningful arts experiences that reflect the city’s creativity, diversity, and spirit. Because when music fills a public space, something beautiful happens: children see the possibility of themselves on a real stage, the community sees their brilliance shining back, and everyone is reminded that talent, hope, and opportunity live right here at home.
86 LETTERS OF SUPPORT #1 Educator: Anthony Rodriguez / DHS High School On Apr 22, 2026, at 5:45 PM, Anthony Rodriguez <[email protected]> wrote: Hi J’ai, I’d be happy to submit this note. Hope you get the grant — we have some great student players this semester who would love to participate in whatever way we can help: To Whom It May Concern, I am pleased to offer my strong support for the Sunset Music & Education Foundation’s application to the City of Cathedral City Community Arts Grant Program. As Director of Bands at Desert Hot Springs High School, I have seen firsthand the meaningful impact SMEF has had on my students and our music program. Through their generosity, students have gained access to high-quality instruments that would otherwise be out of reach for many families. That support has made a profound difference—not only in strengthening their skills as musicians, but in building their confidence as young people. When students have the right tools in their hands, everything changes. They take greater pride in their work, engage more deeply, express themselves more fully, and begin to see new possibilities for their future. Opportunities to perform alongside professional musicians and be part of real-world arts experiences are especially powerful because students begin to understand that they belong on those stages too. The Sunset Music & Education Foundation continues to create lasting and meaningful opportunities for youth across our region. I strongly support this proposal and believe it would be a valuable investment in the young people, families, and cultural life of Cathedral City. Sincerely, Anthony Rodriguez Director of Bands Desert Hot Springs High School Begin forwarded message: From: Sweet Baby J'ai <[email protected]> Subject: Letter of Support for SMEF - Community Arts Grant. Date: April 22, 2026 at 11:38:19 AM PDT To: Anthony Rodriguez <[email protected]> 87 Hi Anthony, I hope you’re doing well. I’m applying for the City of Cathedral City Community Arts Grant to support a community music event that will include youth opportunities, live performance, and arts access through the Sunset Music and Education Foundation. Would you be willing to send a short letter or email of support sharing your experience with how SMEF has helped your students and music program at Desert Hot Springs High School? A few heartfelt paragraphs would mean a lot and could really strengthen the application. Your voice as an educator who has seen the impact firsthand carries tremendous value. Thank you so much for all you do for your students and for being such a wonderful partner. Sweet Baby J’ai (J’ai Michel-Lundy) CEO & Executive Artistic Director Sunset Music and Education Foundation 323 251-4940 www.sunsetmusic.org The Sunset Music SMARTS Initiative: Transforming Lives, One Kid at a Time! Watch here: https://www.youtube.com/watch?v=lNiWiL6Kv-Y Sunset Music & Comedy Series– Where Music Meets Magic! An electrifying mix of soulful jazz, blues, Latin rhythms, country, classical, world music, and side-splitting comedy—curated by the artistic visionary behind the Palm Springs Women’s Jazz Festival, Juneteenth Fest and now the Sunset Music & Comedy Festival. More than just a festival, it’s a movement that shines a spotlight on underrepresented voices, while celebrating rising stars who will shape the future. As a nonprofit, we are deeply committed to education and access through our programming and the SMARTS Initiative, providing instruments, scholarships, and opportunities to underserved students, ensuring the next generation of musical legends has the tools to thrive. 88 #2 Grandparent: Maria Gallegos / Cathedral City Resident Dear Community Arts Grant Committee My name is Maria Gallegos and I live in Cathedral City. I want to give my support for Sunset Music & Education Foundation and this grant. They helped my granddaughter Amira very much. They bought the shoes she needed for Ballet Folklorico so she can dance. They also helped her with guitar lessons and found a good teacher for her. Without this help, many things was not possible for our family. I see my granddaughter more happy, more confident, and excited to learn. She feels proud when she dances and plays music. It means a lot for our family to see her grow and have these opportunities. This program helps children and families in the community. They give hope and open doors. I believe Cathedral City should support Sunset Music & Education Foundation and the good work they do. Thank you, Maria Gallegos 34800 Judy Ln Cathedral City, CA 92234 89 #3 Community Partner: Musician Yve Evans To The Powers That Be on the Cathedral City Grants Committee, I’m proud to support Sweet Baby J’ai and the Sunset Music and Education Foundation in their application for the Cathedral City Community Arts Grant. As an artist who has performed with them, I’ve seen the care and intention they bring to creating events that are more than concerts. They know how to turn a room into community. They celebrate excellence, welcome everybody in, and make space for young talent to stand beside experienced performers and shine. That matters. When young people can see themselves on a real stage, and the audience can see their gifts too, it plants seeds of confidence and possibility that last far beyond one performance. I believe SMEF would bring something joyful, meaningful, and needed to Cathedral City. With love and support, Yve Evans 90