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HomeMy WebLinkAboutContract 1930 —ItlY) AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND THE RAMSAY GROUP This Agreement for Professional Consulting Services ("Agreement") is entered into as of October 13, 2021 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and The Ramsay Group, a research and planning firm located in Valencia, California, ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by request for proposals, the performance of the services defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Consultant was selected by the City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this Professional Services Agreement and the City Manager has authority to execute this Agreement. E. The Parties desire to formalize the selection of Consultant 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. a) Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for twelve months commencing on the Effective Date with an option to extend the Agreement for an additional twelve months. - 1 - 1 SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Consultant agrees to perform the services set forth in Exhibit"A" "Scope of Work" (hereinafter, the "Services") and made a part of this Agreement by this reference. b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in the individual Task Order. Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole 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. a) 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 25 "Administration and Implementation"or Section 27 "Amendment"of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the hourly rates specified in Exhibit "B" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Thousand,One Hundred dollars per month($5,100/monthly),without prior approval in writing from the City. In no event shall the total compensation paid over the initial Term of the Agreement exceed Sixty-One Thousand, Two Hundred Dollars ($61,200/year), unless additional compensation is approved in writing in accordance Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such work is authorized, such additional work shall be deemed to be part of the services. b) Each month Consultant shall furnish to City a separate, original invoice for all work performed and expenses incurred during the preceding month. The invoices shall detail charges by the following categories: labor(by sub-category), travel, materials, equipment, supplies, and sub-contractor Professional contracts. Sub-contractor Professional invoices shall be detailed in the same manner as Consultant invoice. City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set 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. - 2 - I 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 forty-five (45) 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. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. a) 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 Consultant's work within sixty(60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 "Indemnification" and Section 16 "Insurance." SECTION 6. OWNERSHIP OF DOCUMENTS. a) All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. b) If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant's guarantees and warranties in Section 9 "Standard of Performance; Familiarity With Work" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. CONSULTANT'S BOOKS AND RECORDS. a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services - 3 - provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3)years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTION 8. INDEPENDENT CONTRACTOR. a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf 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, - 4 - generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit"A" "Scope of Work"that shall also be applicable to Consultant's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. b) Consultant warrants that(1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. a) Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. SECTION 11. PREVAILING WAGE LAWS. a) It is the understanding of City and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair of work performed on public buildings, facilities, streets or sewers done under contract and paid in whole or in part out of public funds. In this context, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. a) Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. 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 - 5 - interests of Cityor which would in anywayhinder 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 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. b) Consultant, its officers, employees, agents or subcontractors, shall not,without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement,then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and - 6 - the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 15. INDEMNIFICATION. a) Indemnification Consultant. As provided under Civil Code Section 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties")from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, (collectively"Claims")to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. b) Indemnification from Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in 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 16. INSURANCE. a) Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit"C" "Insurance"and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing - 7 - I by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 17. ASSIGNMENT. a) 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 19 "Termination of Agreement." City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 18. CONTINUITY OF PERSONNEL. a) Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. SECTION 19. TERMINATION OF AGREEMENT. a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. b) Consultant may terminate this Agreement for cause at any time upon thirty(30)days written notice of termination to City. c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. SECTION 20. DEFAULT. a) 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 - 8 - performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty(30)days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 "Termination of Agreement." Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 21. EXCUSABLE DELAYS. a) 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 22. COOPERATION BY CITY. a) 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 23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing, addressed as follows: To City: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Consultant: The Ramsay Group Attn: Darrell Stamps 23800 Garland Court Valencia, CA 91354 Notice shall be deemed effective on the date delivered or transmitted by facsimile or, if mailed, three (3)days after deposit of the same in the custody of the United States Postal Service. - 9 - L_ SECTION 24. AUTHORITY TO EXECUTE. a) 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 25. ADMINISTRATION AND IMPLEMENTATION. a) 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 27 "Amendment" and the City Manager's contracting authority under the Cathedral City Municipal Code. SECTION 26. BINDING EFFECT. a) This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 27. AMENDMENT. a) 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 28. WAIVER. a) 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 29. LAW TO GOVERN; VENUE. a) 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. - 10 - SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES. a) 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 31. ENTIRE AGREEMENT. a) This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings,whether oral or written, or entered into between 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 32. SEVERABILITY. a) 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 33. CONFLICTING TERMS. a) Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF CATHEDRAL CITY THE RAMSAY GROUP Charles P. McClendon D re-II Stamps City Manager Managing Partner ATTEST: Veda Ramsay /VA 1 Managing Partner t .L A. Tracey R. it rtinez, MC City Clerk - 11 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary pubic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) 'Virg iC� Pub L, c County ofL.aS 4Lkc‘E.s ) c2 before 422E ZiYilli4-1ea1i9A` On Nov ver v'� befw , Date Here Insert Name and Title of the Officer personally appeared D A RR E L L SI n M ' 3 ...___________' Name(s)of Signers) 1 twho proved to me on the basis of satisfactory evidence to be the person(si-whose name(*) is/tae subscribed to the in i ment and acknowledged to me tha( he/Ihey executed the same in . -teer their authorized c apecityer and that by(ier their signatu on the instrument the persgx(s), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph - is true and correct. WITNESS my hand and official seal. , os ELLIE ZIMMERMAN Wdr111 f+,. Notary Public-California IgnatU Sigma Of fsry Public i s_, Los Angeles County LMYCo .EiresY2o ,2022 Place Notary Seal Above OPTiONAI- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document [' Title or Type of Document:A4€ZTM E N�' Cog- ?Yof zs.S/oa) A4- CCS,LZ0/T)NJ SCIU1C&f Document Date: // 9 f - l Number of Pages: )�j - Signer(s) Other Than Named Above: /Q/ -- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer - Title(s): ❑Corporate Officer - Title(s): ❑ Partner - ❑Limited ❑General ❑Partner - ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator Cl Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 APPROVED S TO O Eric S. Vail City Attorney NOTE: 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. - 1? - EXHIBIT "A" SCOPE OF SERVICES A-1 SCOPE OF WORK Overall understanding of the Project The above-assigned personnel will serve as a temporary extension of the City of Cathedral City staff, bringing new insights, strategies and management that can be used by the City to ensure the successful administration of the CDBG program. We will ensure daily coordination with the City and ensure seamless transfer of information.We will also provide monthly reports on the program's progress and make staff available for departmental meetings or public presentations. OVERALL ADMINISTRATION The Ramsay Group's program administration/project implementation shall include, but not be limited to: conducting HUD/NEPA environmental review(s); coordinating with funding agencies; developing and administering agency contract(s);requesting,tracking and managing program funds in compliance with program guidelines; developing required public record systems;preparing for and assisting with agency audits and site visits; Davis-Bacon record- keeping requirements; any acquisition or Uniform Relocation Act compliance; any bid/contract grant requirements;technical support on any other requirements or criteria for implementation; developing appropriate agency reports, schedules and certifications; coordinating and conducting any required community and public input meetings; providing agency reports; and developing any annual and closeout agency submissions. TRG shall, as authorized, undertake the necessary management, data-gathering, analysis and reporting necessary to ensure the City complies with all Federal, State and Local regulations and requirements associated with effective implementation, management, and oversight of the City's CDBG Program. At a minimum,TRG will provide the following activities. A. General consultation, assistance and/or recommendations to the City of Cathedral City CDBG Administrative Staff(and its subcontractors/sub-recipients if requested)in matters relating to the administration and execution of its Community Development Block Grant (CDBG)Program,including project planning,implementation services,and quarterly project activity reporting. B. Provide assistance with updates to the IDIS system to ensure all projects include required activity descriptions, locations, and beneficiaries. C. Provide assistance in preparing,processing and submitting Annual Action Plans'Minor and Substantial Amendments consistent with CDBG and CDBG CV guidelines. This task includes creating public review publications in English and Spanish and submission within IDIS. D. Provide assistance in the preparation of a system of reporting and recordkeeping that includes the quarterly updating of data in the IDIS and the establishment and maintenance of activity records sufficient to demonstrate that each activity meets the regulatory requirements of the CDBG program A-2 E. Meet as needed with the staff of the Office of Community Development to review program progress and program regulations. F. Provide assistance in compiling eligibility documentation in accordance with HUD regulations for funded projects,including National Objective determinations and assistance with determining the level of environmental review required for each project/activity(which shall include assistance in preparing an Environmental Review Record(ERR). G. Provide assistance in preparing for the Department of Housing & Urban Development program monitoring of CDBG projects. H. Preparation and Successful Submission of the Consolidated Annual Performance and Evaluation Report (CAPER). TRG will submit the CAPER to the U.S. Department of Housing and Urban Development(HUD) within 90 days of the end of the City's program year as required. The CAPER will be prepared using the eCon Planning Suite and in accordance with CFR Part 91 and related HUD directives titled Consolidated Annual Performance and Evaluation Reporting for Entitlement Grantees. IDIS MAINTENANCE The Ramsay Group will assist staff in setting up and maintaining CDBG project information on the Integrated Disbursement and Information System(IDIS).IDIS maintenance will occur as requested by City each year, with a minimum of quarterly to update accomplishments and create drawdown vouchers. General technical assistance will be provided as requested. TRG will provide assistance with updates to the IDIS system to ensure all projects include required activity descriptions, locations, and beneficiaries. Tasks will include,but not limited to,the following: • Activity set-up new and maintenance of activity status • Enter and maintain project/activity accomplishments • Report generation • Activity funding as requested by City staff • Set up draw-down vouchers as requested by City staff • Create Program Income receipts • Clean up IDIS information as needed • Provision of technical assistance to City staff on HUD program administration and reporting requirements • Monitoring of programs and files for eligibility • File set-up and closeout • Application Review and income eligibility determination • Provide sub-recipient monitoring • Provide staff training as requested • Provide annual affordable housing monitoring A-3 CONSOLIDATED PLAN/ AAP In preparing the ConPlan/ AP, TRG will utilize several methods to analyze the housing and community development needs of the City of Cathedral City. Methods will include hosting focus groups, surveying community residents and stakeholders, surveying multi-family unit property owners, analyzing U.S. Census data and utilizing information in several public planning documents. Along with the Jurisdiction, TRG will host community meetings and hearings and meet with organizations as an effort to outreach to and encourage the participation of all residents, particularly low-and moderate-income residents,elderly persons and persons with disabilities.The purpose of the meetings will be to inform the community about the ConPlan/ AP process and to identify opportunities to improve collaborative efforts and eliminate service delivery gaps to develop and sustain decent and affordable housing, suitable living environments and expanded community and economic opportunities. The CP/AP will be completed using the following techniques: (:Host focus groups with public/private 'Host community meetings. housing,social services and child welfare 'Circulate one community survey. agencies to consult with them regarding •Co-host public hearing. the consolidated plan. •Contact state and county agencies regarding lead-based paint. *Host an interdepartmental meetin: with department heads. Manage Develop and Implement Consultation Citizen Process Participation III Develop the Five- Research and Year Strategic Prepare Plan/ Annual Housing and Needs Action Plan Assessment/Market Analysis •Summarize the priorities specific objectives and Provide the jurisdictions with both describe how funds will be made primary and secondary research available to address identified needs. data for all HUD required •Identify proposed accomplishments and populations under section 91.205 outcomes the city will achieve in and section 91.210. quantitative terms over a specified period •Fill out all required tables utilizing `of time. J the ConPlan E Suite. 1. The Public Participation Process TRG will assist the Jurisdiction by hosting several charrette-style community meetings. Meetings will include a presentation provided to residents explaining the CP/AP process and a description of A-4 the utilization of HUD funding. TRG will also draft a summary of the citizen participation process detailing comments from the public as well as outreach conducted by TRG to increase public involvement in the development of the CP/AP. 2. Housing and Homeless Needs Assessment In addition to projecting the Jurisdiction's housing needs for the next five years,TRG will estimate the number and types of families that require housing assistance.The team will evaluate families that are anywhere between very low to middle income, owners, renters, the elderly, single and large families,the disabled,and families affected by HIV and AIDS.The TRG team will also report on the extent and characteristics of homelessness in the Jurisdiction's target areas,taking an inventory of available facilities, services, public and assisted housing. TRG will utilize several different data tools to conduct the housing and homeless needs assessment including, but not limited to- U.S. Census, Claritas, Continuum of Care and Realtor's Associations. 3. Housing Market Analysis The team will detail the nature of the Jurisdiction's housing market highlighting supply, demand, the cost of housingfor the disabled and those families affected byHIV and AIDS. In addition,TRG will research the availability of residential housing and services for individuals and families with special needs.The housing market analysis will also identify the challenges to increasing affordable housing and provide a strategy to increase affordable housing opportunities and decrease the number of residents inhabiting housing with lead-based paint hazards. 4. Community and Economic Development Needs Assessment TRG will assist Jurisdiction to create a strategy that will provide for new and/or improved existing services,facilities, infrastructure and economic opportunities for targeted income households and CDBG areas. In addition, the assessment will have a balanced combination of infrastructure projects, business incentive programs and job educational services that could significantly benefit the local target groups. 5. Non-Homeless Special Needs Assessment Non-homeless special needs refer to the needs of population subgroups that have been identified by HUD as more commonly in need of housing assistance than the general population. These groups include the elderly and frail elderly, persons with disabilities, persons with HIV/AIDS, persons with alcohol or drug addictions, victims of domestic violence and any unique subgroups within the City of Cathedral City. TRG will identify the nature and extent of the needs of these subpopulations, as well as strategies being implemented to address these needs. 6. Strategic Plan Through the strategic plan,TRG will advise the Jurisdictions on where best to invest resources.This will include identifying key priorities and needs in a table, summarizing those priorities, setting clear objectives for each priority in the form of"accomplishments"and"outcomes"and explaining how funds will be allocated. The team will detail barriers to meeting the needs of underserved A-5 constituents and will detail the logic behind each priority assignment.The team will also include a Priority Homeless Needs table and strategy that will address the high priority needs of the special needs population and a strategy to address those. In this plan,our team will describe specific goals and policies aimed toward reducing the number of families living in poverty and how these efforts will be carried out. 7. Action Plan The Action Plan assembled by the TRG team will include a description of federal state and local resources available to help augment both housing and non-housing development strategies assembled to address priorities and needs.The plan will outline measures taken to prioritize needs and identify the distribution of assistance throughout the Jurisdictions. This inventory will also include an outline of measures being taken to address homelessness and the special needs constituency. These details will be included in efforts to increase affordable housing, decrease poverty and reduce the occurrence of and constituents living in residences with lead-based paint hazards. In addition, the Action Plan will detail program specific- requirements for CDBG, HOME Investment Partnerships Program (HOME), Emergency Solutions Grants (ESG) and Housing Opportunities for Persons with AIDS (HOPWA). 8. Certifications The TRG team will work closely with staff to ensure all required certifications are included. 9. Monitoring The CP/AP will detail the measures that will be taken to ensure plan programs are being executed correctly and in compliance with program requirements. PUBLIC PARTICIPATION AND PUBLIC CONSULTATION PROGRAM Our philosophy that the best planning and community development strategies are generated from the outside in. Unlike many of our competitors,we place equal emphasis on external evaluation— engaging the entire community in a planning process. This will occur through our hands-on approach—collecting public input at every step of the process,through interviews,and electronic mediums that provides access to information and an avenue for communication. This process serves several purposes. First, it builds critical public buy-in to the project and its resulting strategy. Second, it will provide qualitative and quantitative information that will be used to sculpt the study and analysis. Finally, these sessions will be utilized to weigh community opinion on goals and objectives, vision and mission statement. Our public participation and public consultation program follow a three-prong approach: • One-to-One Interviews A list of relevant stakeholders will be identified during our initial meeting with City staff to serve as our roster for interviews. We will work with City Staff to identify which stakeholders should be personally interviewed. The list of interviewees can be expanded based on input received during A-6 the first round of interviews.The project team anticipates conducting up to 10 interviews in the course of the project. • Community Meetings As stated earlier, TRG will assist the Jurisdiction by hosting at least six (6) charrette-style community meetings. Meetings will include a presentation provided to residents explaining the CP/AP process and a description of the utilization of HUD funding.TRG will also draft a summary of the citizen participation process detailing comments from the public as well as outreach conducted by TRG to increase public involvement in the development of the CP/AP. • Survey TRG will develop an online survey that will be posted on the project Web site.TRG utilizes a Web- based survey system that allows for time-efficient collection of surveys as they are completed online.The City may also choose to send out hard copies of the survey to its population (through the mail,the utility bill, or at public facilities) in order to boost participation. The survey opens the input process to all residents and service organizations and will allow us to expand the reach of both plans. For a City the size of Cathedral City,we expect to receive between 200 and 300 responses. The content of the survey will be customized based on the results of previous studies, our own preliminary research, and first meeting with City Staff.The survey will stay online for approximately eight weeks. The summary report will be included within the Appendix of both studies. A-7 ASSESSMENT OF FAIR HOUSINGI •Particpate in"Kick off Meeting"with •Host 2community meetings Jurisdiction's Staff •Circulate one community survey. •Host focus groups with housing,social •Co-host at least one public hearing services,and other agencies to consult during comment period. regarding the AFH. •Contact state and local fair housing agencies regarding fair housing data. •Interdepartmental meetings with planning,community development and transit Manage Stakeholder • Consultation Engagement Process \11:01 Research and Develop Prepare, Public Assessment to Fair Policy, Housing Housing Availability and Private Market Analysis Provide Jurisdication with both •Final AFH document consisten primary and secondary research with the Affirmatively Further data for all HUD required Fair Housing(AFFH Rule) populations under section, 91.205;Home Mortgage Disposition Data and other market databases;Pubublic Policy and paterns of segegaragtion within the hosuing market. 1 sk 1: Consultation Process TRG will meet with the City of Cathedral City staff to refine scope of work and project deliverables. We will also work with the City of Cathedral City by hosting focus groups and interviews with internal and external departments and agencies. Meetings will include a presentation explaining the AFH process and document; retrieval of information relevant to organizations' experience/ issues with fair housing within the City and recommendations relating to future fair housing policy. 1 Unlike the 2015 AFFH rule,this interim final rule does not set a particular type of fair housing planning requirement for HUD program participants,though it does provide that HUD will offer technical support and other assistance to jurisdictions that intend to undertake an Assessment of Fair Housing(as was required by the 2015 AFFH rule),an Analysis of Impediments(as required prior to the adoption of the 2015 AFFH rule),or other form of fair housing planning.When Final Rule is established. TRG will make the appropriated adjustments(AFH or Al)to meet HUD's requirements. A-8 L Task 2: Public Participation Process The City's goal is to solicit valuable input and participation from local organizations, agencies, community leaders and residents to assist in the preparation of this assessment. The successful firm will plan, prepare, and host no less than three (2) public workshops at various locations in Cathedral City to encourage participation and gather the critical information to conduct the analysis TRG will assist the City by hosting at least 3 community meetings. Meetings will include a presentation provided to residents explaining the AFH process and document.TRG will also draft a summary of the citizen participation process detailing comments from the public as well as outreach conducted by TRG/Cathedral City to increase public involvement in the development of the AFH. We will also create a Web-based community participation tool,where an on-line survey will be provided for input relating to fair housing issues. The online tool will also provide project information such as location/time of community meetings,draft comments and approved drafts of the document. Task 3: Create an Updated Community Profile/ Demographics The analysis would begin with the make-up of the community across a number of characteristics HUD outlines.This step is important because it establish the foundation for all of the analysis that follows.Specifically,TRG will create a Demographic Profile to include the number and proportion of persons in the participating jurisdiction by race/ethnicity, age, disability, and familial status. This section will use an "Index of Dissimilarity" to measure housing segregation among ethnic groups and this will be evaluated. Also included will be the following: • Assessments of the relationships between demographic characteristics and fair housing concerns • An Income Profile to include income distribution of residents; evaluation of income differences and poverty levels between race and special needs populations;concentration of low-income population by block groups. • An Employment and Transportation Profile to map locations of major employment centers that potentially offer jobs to minorities and persons with disabilities at the lower income levels of the wage scale. We will also evaluate the relationship between public transportation,job centers, and lower income housing locations • A Housing Profile to examine the implications of geography, diverse populations, and income discrepancies in the participating jurisdiction. Include discussion of the housing profile including the following variables: household size and overcrowding; housing type, tenure and vacancy;age of housing(and related lead-based paint concerns);accessibility of housing for persons with disabilities, ownership and rental housing costs; and housing affordability. • Relationships between these housing characteristics and fair housing concerns will be included; and provide mapping of planning data will be done using GIS to evaluate A-9 geographic relationships among the demographic, income, employment and transportation, and housing variables to identify potential to fair housing issues. Task 4: Segregation and Integration The analysis needs to examine patterns of integration and segregation across the in the city and region. This is essential because in order to affirmatively further fair housing, a jurisdiction must identify actions that increase fair housing choice. Research has consistently shown the negative social and economic impacts of segregation and, similarly, has found that integrated neighborhoods are often stronger and more resilient. Our Firm will also contact mortgage lending and insuring institutions to determine the following: (1) whether lenders and insurers have policies, procedures, on monitoring practices for possible differential treatment of applicants for home mortgage loans, home insurance or home improvement loans; (2) whether lending personnel and private insuring staff are fully trained regarding federal fair housing law as well as institutional policies regarding federal fair housing law; (3) whether lending institutions aggressively market the availability of mortgage and home improvement loans in low-income and minority neighborhoods. Conclusion: summary to include highlights, findings, and recommendations. Task 5: Racially/Ethnically Concentrated Areas of Poverty. The AFH would include an analysis of racially and ethnically concentrated areas of poverty,which is important because families who live in such neighborhoods encounter challenges and stresses that hinder their ability to reach their full potential, and such neighborhoods, impose extra costs on nearby communities and the broader region. TRG will also review public policies that restrict housing and community development resources to areas of minority concentration or inhibit the employment of minority persons and indivduals with disabilities. Task 6: Neighborhood Disparities in Access to Community Assets. Having access to good schools,safe streets,quality jobs,effective public transportation,recreation and other social services helps facilitate a good quality of life and improved life outcomes. Unfortunately, research has shown that racial and ethnic minorities, individuals with disabilities, and other protected classes often have less ability to access these vital amenities. TRG will conduct a 'disparities' analysis which includes but not limit to the following: • A review planning, financing, and administrative actions relating to public transportation and social services that may inhibit or constrain affordable housing opportunities for persons with disabilities. • TRG will provide an analysis of transit policies and services to determine if there are impediments to fair housing that are apparent as a result of the locations and A-10 concentrations of housing and employment centers as related to public transportation routes in the City. Task 7: Housing Needs Across Protected Classes The last section of the analysis would examine housing cost burdens,overcrowding(especially for large families), and substandard housing conditions for racial and ethnic minorities, people living with disabilities, and other protected classes. This section assesses the housing needs in Cathedral City by analyzing various demographic and economic indicators. Developing a picture of the current needs in the community begins by looking at broad trends in population,area median income,the number of households,etc.The next step is intersecting those data points with a more nuanced analysis of variables such as family and household dynamics, race, and housing problems. A key goal of the needs assessment is to identify the nature and prevalence of housing problems experienced by Cathedral City's citizens.The main housing problems that will be looked at are: (a) cost-burdened households; (b) substandard housing; and (c) overcrowding. Furthermore, these housing problems are juxtaposed with economic and demographic indicators to discern if certain groups carry a disproportionate burden. Are African Americans more cost-burdened than other racial groups? Do low-income households experience higher levels of overcrowding? Do large families have more housing problems than small families?These sorts of questions are empirically answered through data analysis. Understanding the magnitude and incidence of housing needs in the community is crucial in aiding the city in setting evidence-based fair housing priorities. PUBLIC PARTCIPATION PROGRAM Our philosophy is that the best planning and community development strategies are generated from the inside out. Unlike many of our competitors, we place equal emphasis on external evaluation — engaging the entire community in a planning process. This will occur through our hands-on approach—collecting public input at every step of the process,through interviews,focus groups, and electronic mediums that provides access to information and an avenue for communication. This process serves several purposes. First, it builds critical public buy-in to the project and its resulting strategy. Second, it will provide qualitative and quantitative information that will be used to sculpt the study and analysis. Finally, these sessions will be utilized to weigh community opinion on goals and objectives, vision and mission statement. Our public participation and public consultation program follows a three-prong approach: • One-to-One Interviews A list of relevant stakeholders will be identified during our initial meeting with staff to serve as our roster for interviews and focus groups. We will work with staff to identify which stakeholders should be personally interviewed and which should be included within a focus group. The list of A-11 interviewees can be expanded based on input received during the first round of interviews. The project team anticipates conducting up to 10 interviews in the course of the project. • Focus Groups Each focus group will last approximately 1 hour and includes between 5-10 participants. We anticipate conducting 2 focus groups during the project. Prior to our first trip,we will provide the staff with guidelines explaining how we will conduct the focus groups and, as stated earlier, identify those stakeholders that should be included in focus groups versus personal interviews. Focus groups allow us to efficiently delve into specific community and fair housing related topics. • Public Meetings As stated earlier,TRG will assist the jurisdiction by hosting 2 charrette-style community meetings. Meetings will include a presentation provided to residents explaining AFH process and the impact that it will have within the City. TRG will also draft a summary of the citizen participation process detailing comments from the public as well as outreach conducted by TRG to increase public involvement in the development of the AFH. Public meetings will be held throughout selected area of the jurisdiction. • Survey TRG will develop an online survey that will be posted on the project Web site.TRG utilizes a Web- based survey system that allows for time-efficient collection of surveys as they are completed online. The project may also choose to send out hard copies of the survey to its population (through the mail,the utility bill, or at public facilities) to boost participation. The survey opens the input process to all City residents and service organizations and will allow us to expand the reach of the analysis. For a city the size of Cathedral City we expect to receive between 150-300 responses. The content of the survey will be customized based on the results of previous studies, our own preliminary research, and first meeting with staff. The survey will stay online for approximately eight weeks. The summary report will be included within the Appendix of both studies. General Scope of Services: The Ramsay Group (TRG) shall provide administrative and CDBG programmatic assistance in support of the City's CDBG Program beginning in fiscal year 2021 including maintenance of the Integrated Disbursement and Information System (IDIS), preparation of the Consolidated Annual Performance and Evaluation Report (CAPER), Annual Action Plan, Consolidated Plan, Assessment of Fair Housing and/or Analysis of Impediments to Fair Housing Choice. A-12 EXHIBIT "B" COMPENSATION B-1 SCHEDULE OF COMPENSATION FEE SCHEDULE Please provide a clear and comprehensive fee schedule,including a detailed statement ofhourly rates for all positions and classifications of individuals involved. Use the table below to indicate which individual(s) would typically be assigned to each sample task/assignment. Task Description Staff Hourly Rate Program Consultation&Program Management Support Darrell Stamps/Ana $85 1 Marie LeNoue/ Lissette Montoya Darrell Stamps/Ana $85 2 Review and respond to HUD-related correspondence Marie LeNoue/ Lissette Montoya Review,report and advise proposed legislation and/or regulations that Darrell Stamps/Ana $85 3 impact the City's use of CDBG funds Marie LeNoue/ Lissette Montoya Respond to public inquiries regarding housing and CDBG-related Darrell Stamps/Ana $85 4 activities Marie LeNoue/ Lissette Montoya Undertake annual on-site monitoring of subrecipients that receive Darrell Stamps/Ana $85 5 CDBG funds to ensure program Marie LeNoue/ compliance Lissette Montoya Ana Marie LeNoue/ $85 6 Provide initial review of CDBG invoices Lissette Montoya Coordinate with City staff to ensure timely Ana Marie LeNoue/ $85 7 use/reimbursement of CDBG funds including Lissette Montoya reconciling financial records Other tasks related to general CDBG program administration Darrell Stamps/ $85 8 Lissette Montoya Assist City with Interface with IDIS system to complete all necessary Darrell Stamps/Ana $85 9 funding Marie LeNoue/ Activities reporting requirements and set up voucher drawdowns for Ana Marie LeNoue/ $85 10 the City's Program Manager Lissette Montoya Update CDBG Notice of Funding Availability application, Darrell Stamps $85 11 with updated attachments Coordinate Action Plan development and produce planning Darrell Stamps $85 12 document for HUD submittal B-2 Provide technical assistance to subrecipients to ensure Darrell Stamps/Ana $85 13 Marie LeNoue/ that they are complying with HUD's requirements for subrecipients Resolve any open HUD issued findings to ensure that findings are Darrell Stamps/Ana $85 14 closed Marie LeNoue/ Lissette Montoya Update policies and procedures as deemed necessary by HUD Darrell Stamps $85 15 Darrell Stamps/Ana $85 16 Assist City prepare for a HUD monitoring visit Marie LeNoue/ Lissette Montoya Preparation of items for the City's annual performance report(the Darrell Stamps $85 17 Comprehensive Annual Performance and Evaluation Report(CAPER) Updates to the City's Five-Year Consolidated Plan Darrell Stamps/Ana $85 18 Marie LeNoue/ Lissette Montoya TRG will provide the necessary services on a$5,100.00 monthly retainer basis, in an amount not to exceed a total of$61,200 annually. This amount will include all out-of-pocket incidental costs,such as mailings,use of databases,telephone, printing,travel and other expenses.The hourly rate is calculated at$85 based on an estimated average amount of consulting/work hours of 15 hours a week per month. The capped not-to- exceed amount(cost)includes all work to be undertaken as necessary to satisfy all obligations within the Scope of Services. B-3 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. X Workers' Compensation Insurance: Workers' Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers' liability coverage. Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against City by a bona fide employee of Consultant participating under this Agreement, Consultant is to defend and indemnify the City from such claim. X Professional Liability Insurance: Professional liability insurance appropriate to the Consultant's profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The 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 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, employees or agents. C-3 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. C-3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2020 before me, Date Name And Title Of Officer(e.g."Jane Doe,Notary Public") personally appeared Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) On , 2020 before me, Date Name And Title Of Officer(e.g "Jane Doe,Notary Public") personally appeared Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited .. General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document : Signer is representing: 9 P 9 Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above Declaration of Sole Proprietor DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO The Ramsay Group Organization Name I declare for the purpose of inducing the City of Indio to go forward with any contracts awarded to The Ramsay Group as follows: I am the authorized representative of The Ramsay Group an independent contractor for the purposes of the California Workers'Compensation and Labor laws. This organization will hire no employees other than the parents, spouses, or children of its board members for work required for any bid or contract awarded to The Ramsay Group . All work required will be performed personally and solely by me, other board members of the organization, their parents, spouses or children, or persons who perform voluntary service without pay to the organization. If, however, the organization shall ever hire employees to perform this contract or any portion thereof, the organization shall obtain Workers' Compensation Insurance and provide proof of Workers' Compensation Insurance coverage to the City of Indio. If the organization shall ever hire a subcontractor to perform this contract or any portion thereof, and the subcontractor has employees, then the organization shall require its subcontractor to obtain Workers'Compensation Insurance Coverage, or the organization shall obtain Workers' Compensation Coverage for that subcontractor's employees. This document constitutes a declaration by the organization against its financial interest, relative to any claims it should assert under the California Workers' Compensation and/or Labor laws against the City of Indio relating to any bid or contract awarded to The Ramsay Group The organization will defend, indemnify and hold harmless the City of Indio from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event the organization hires an employee in violation of this addendum, and the organization will further indemnify the City of Indio for all damages the City of Indio thereby suffers. I agree that these declarations shall constitute an addendum to any bid awarded to The Ramsay Group 8/649— 1 0/1 5/21 Date Authorized Representative P P.O.BOX 31260 PROGRESSIVE TAMPA,FL 33631 D/RECTAuto Policy Number: 925720747 Underwritten by: Progressive Select Ins Co VEDA C RAMSAY September 30,2021 DARRELL E STAMPS 23800 GARLAND COURT Policy Period: May 15,2021 -Nov 15,2021 VALENCIA,CA 91354 Page 1 of 3 progressive.com Online Service Make payments,check billing activity,update policy information or check status of a daim. Auto Insurance 1-800-776-4737 For customer service and claims service, Coverage Summary 24 hours a day,7 days a week. This is a copy of your Declarations Page Your coverage began on May 15,2021 at 12:01 a.m. This policy expires on November 15,2021 at 12:01 a.m. This coverage summary replaces your prior one. Your insurance policy and any policy endorsements contain a full explanation of your coverage. The policy limits shown for a vehicle may not be combined with the limits for the same coverage on another vehicle. The policy contract is form 9611 D CA(09/16). The contract is modified by form Z357 CA(12/15). Your email address Any policy-related emails will be sent to the email address currently listed on your policy: ds@theramsaygroup.com. If you want to update your email address, please call us. Underwriting Company Progressive Select Ins Co Drivers and household residents Veda C Ramsay Marital status: Single Years licensed: 32 Years experienced:32 Additional information: Named insured Darrell E Stamps Marital status: Married Years licensed: 35 Years experienced:35 Additional information: Named insured Form 6489 CA(04/20) Continued Policy Number: 925720747 Veda C Ramsay Darrell E Stamps Page 2 of 3 Outline of coverage 2017 MAZDA CX-5 GRAND TOURING 4 DOOR WAGON VIN:JM3KFADL7H0158341 Garaging ZIP Code:91354 Annual miles: 5520 Limits Deductible Premium Liability To Others $302 Bodily Injury Liability $15,000 each person/$30,000 each accident Property Damage Liability $5,000 each accident Uninsured/Underinsured Motorist $15,000 each person/$30,000 each accident 15 Comprehensive Actual Cash Value $500 32 Collision Actual Cash Value $500 364 Roadside Assistance 2 Total premium for 2017 MAZDA $715 2018 BMW X6 4 DOOR WAGON VIN:5UXKU2C52JOZ61067 Garaging ZIP Code:91354 Annual miles: 10000 Limits Deductible Premium Liability To Others $458 Bodily Injury Liability $15,000 each person/$30,000 each accident Property Damage Liability $5,000 each accident Uninsured/Underinsured Motorist $15,000 each person/$30,000 each accident 23 Comprehensive Actual Cash Value $500 113 Collision Actual Cash Value $500 1,152 Roadside Assistance 1 Total premium for 2018 BMW $1,747 Subtotal policy premium $2,462.00 Anti-Fraud fee 1.76 Total 6 month policy premium $2,463.76 Payment schedule Oct 15, 2021 $613.44 You have paid installment fees of$20.00 on this policy.An additional installment fee of$4.00 has been included in each remaining payment.You may reduce the amount you pay in installment fees by paying your premium in larger amounts and fewer installments. Please call 1-800-776-4737 for details. The following additional fees may apply: Fee for returned checks or refused payments$20.00 Premium discounts Policy 925720747 Multi-Car Driver Veda C Ramsay Good Driver Vehide 2018 BMW Vehicle Tracking System X6 Form 6489 CA(04/20) Continued Policy Number: 925720747 Veda C Ramsay Darrell E Stamps Page3 of 3 Lienholder information Vehicle Lienholder 2017 MAZDA CX-5 GRAND TOURING CAPITAL ONE AUTO FIN 1M3KFADL7H0158341 MINNEAPOLIS, MN 55439 2018 BMW X6 WELLS FARGO AUTO FIN 5UXKU2C5210Z61067 PHOENIX,AZ 85038 Company officers President Secretary Form 6489 CA(04/20) A`oREP CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/ Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA (a/cc,PHONE Extl: (888)202-3007 j,vc,No): 5 Concourse Parkway AIL ADDRESS: contact@hiscox.com Suite 2150 Atlanta GA,30328 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: The Ramsay Group 23800 garland court INSURER C: Valencia,CA 91354 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000DAMAGE TO CLAIMS-MADE X OCCUR PREMISES EaENTED occurrencel $ 100,000 MED EXP(Any one person) $ 5,000 A X Primary 8 Noncontributory Y Y UDC-4232646-CGL-21 07/31/2021 07/31/2022 PERSONAL s ADV INJURY_$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 CX POLICY JET LOC PRODUCTS-COMP/OP AGG $ S/T Gen.Agg OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLYAUTOS _ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER H AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Cathedral City and its respective,elected and appointed officers,officials and employees,volunteers are named as additional insured as respects to liability arising out if activities co nsultant performs;products and completed operations of consultant;premises owned,occupied or used by consultant.Coverage shall contain no special limitation on the scope of p rotection offered to city,and their respected elected and appointed,officers,officials or employees. CERTIFICATE HOLDER CANCELLATION Cathedral City California 68-700 Avenida Lab Guerrero Cathedral City,CA 92234 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r .. i I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD1 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA (A/C.PHONE Ext): (888)202-3007 FAX No): 5 Concourse Parkway ADDREss: Contact@hiscox.com Suite 2150 Atlanta GA,30328 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: The Ramsay Group 23800 garland court INSURER C: Valencia,CA 91354 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(,Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PET LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY '.AUTOS HIRED j NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability Y UDC-4232646-EO-21 07/31/2021 07/31/2022 Each Claim: $2,000,000 Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space is required) Cathedral City and its respective,elected and appointed officers,officials and employees,volunteers are named as additional insured as respects to liability arising out if activities co nsultant performs;products and completed operations of consultant;premises owned,occupied or used by consultant.Coverage shall contain no special limitation on the scope of p rotection offered to city,and their respected elected and appointed,officers,officials or employees. CERTIFICATE HOLDER CANCELLATION Cathedral City California 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD