EXECUTIVE COMMITTEE AGENDAEXECUTIVE COMMITTEE AGENDA MONDAY, SEPTEMER 25, 2017 4:30 p.m. CVAG...

EXECUTIVE COMMITTEE

AGENDA

MONDAY, SEPTEMER 25, 2017 4:30 p.m.

CVAG Offices

73-710 Fred Waring Drive, Suite 119 Palm Desert, CA 92260

(760) 346-1127

THIS MEETING IS HANDICAPPED ACCESSIBLE. ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA.

1. CALL TO ORDER (Chair Marion Ashley, Supervisor, County of Riverside) 2. ROLL CALL A. Member Roster P4 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS

This is the time and place for any person wishing to address the Executive Committee on items not appearing on the agenda to do so.

5. EXECUTIVE COMMITTEE / DIRECTOR COMMENTS

6. CONSENT CALENDAR A. Approve June 26, 2017 Executive Committee Minutes P5

B. Authorize Updating of Signature Cards P15

C. Redirect and Surplus Equipment and Vehicles Purchased for Homeless P16

Program; and Approve Executive Committee Chair Sign Lease Agreement with Path of Life Ministries

D. Approve Counterpointe Energy Solutions LLC Agreement to Implement P22 Regional Program in the Coachella Valley with CVAG oversight; and Authorize Executive Director and/or CVAG Legal Counsel to Make Minor Changes/Revisions to Agreement as Needed for Clarification Purposes

E. Approve Amendment No. 1 to Professional Services Contract with HF&H P41 Consultants, LLC for Used Oil Recycling Program to Add City of Palm Desert, Increase Contract Amount to $59,000, and Extend Contract to September 30, 2018

F. Authorize CVAG Executive Director to Fund Portion of Riverside Transportation P44 Analysis Model (RIVTAM) Update at Cost not to Exceed $25,000 over a 2-year period

G. Approve Agreement for Right of Way Services with Riverside County Economic P46 Development Agency (EDA) for CV Link Project at a Cost of $157.69 per hour and Authorize the CVAG Executive Director and/or Legal Counsel to Make Minor Changes/Revisions for Clarification Purposes

6.1 ITEM(S) HELD OVER FROM CONSENT CALENDAR 7. DISCUSSION / ACTION A. Legal Services Agreement with Jenkins & Hogin, LLP – Gary Leong P56

Recommendation: Approve Legal Services Agreement with the firm of Jenkins & Hogin, LLP.

B. Desert Healthcare District Matching Funds from West Valley Homeless Initiative – P64

Cheryll Dahlin Recommendation: Approve Executive Committee Chair to sign MOU with Desert Healthcare District for matching funds to CVAG for West Valley Housing Navigation Program Addressing Homelessness.

C. Expansion of West Valley Housing Navigation Program to CV Housing First – P71 Cheryll Dahlin Recommendation: Approve Amendment #1 to expand Path of Life Ministries scope of work throughout the entire Coachella Valley with a not to exceed amount of $2.5 million, extending the contract to end June 30, 2019.

D. 2017 CVAG Bicycle and Pedestrian Safety Program – Eric Cowle P75

Recommendation: Approve ten project Reimbursement Agreements submitted for the CVAG 2017 Bicycle and Pedestrian Safety Program, and $247,500 in additional funding for Signal Synchronization components in the Desert Hot Springs project.

E. Designation of 2018 State Transportation Improvement Program (STIP) Funds – P177

Martin Magaña

Recommendation: Authorize the Executive Director to recommend to Riverside County Transportation Commission that:

1) The 2018 State Transportation Improvement Program (STIP) Funds are designated

to the Ave. 66 Grade Separation Project; and

2) The 2018 STIP funds are designated to CV Link. F. Cooperative Agreement for CV Link Along Tahquitz Creek Levee – LeGrand Velez P180

Recommendation: Authorize the Executive Director to enter into a cooperative agreement with the City of Palm Springs in which CVAG would reimburse the additional costs associated with revising the Tahquitz Creek Levee Reconstruction Project to CV Link design standards.

8. INFORMATION

a) Status of I-10 Interchange Projects P190

b) CVAG Regional Arterial Program - Project Status Report P191

c) CVAG Regional Arterial Program - Contract Status Report P192

d) Executive Committee Attendance Roster P194

e) JPIA Letter Regarding CV Link Liability P195

f) Look Both Ways Public Safety Campaign P197

g) Update on Property Assessed Clean Energy (PACE) Programs P200

h) CVAG Quarterly Report P202

9. ANNOUNCEMENTS

Upcoming Meetings at 73-710 Fred Waring Drive, Suite 119, Palm Desert: Technical Advisory Committee – Monday, November 13, 2017 at 11:00 a.m. Executive Committee – Monday, December 4, 2017 at 4:30 p.m.

10. ADJOURNMENT

Jurisdiction Members Non-Voting Members

City of Blythe Joseph De Coninck

Mayor Mallory Crecelius

Interim City Manager

City of Cathedral City Stan Henry Mayor and Past Chair

Charlie McClendon

City Manager

City of Coachella Steven Hernandez

Mayor

Bill Pattison

City Manager

City of Desert Hot Springs Scott Matas

Mayor

Chuck Maynard

City Manager

City of Indian Wells Dana Reed Councilmember

Wade McKinney, TAC Chair City Manager

City of Indio Elaine Holmes, Vice Chair

Mayor

Mark Scott

Interim City Manager

City of La Quinta Linda Evans Mayor

Frank Spevacek City Manager

City of Palm Desert Jan Harnik

Mayor Lauri Aylaian City Manager

City of Palm Springs Robert Moon Mayor

David Ready City Manager

City of Rancho Mirage G. Dana Hobart

Councilmember

Randy Bynder

City Manager

County of Riverside

Kevin Jeffries, 1st District Supervisor

John Tavaglione, 2nd District Supervisor

Chuck Washington, 3rd Dist. Supervisor V. Manuel Perez, 4th District Supervisor

Marion Ashley, 5th District Supervisor Chair

George Johnson, TAC Vice Chair CEO

Agua Caliente Band of Cahuilla

Indians

Jeff Grubbe

Tribal Chair

Tom Davis

Chief Planning & Development Officer

Cabazon Band of Mission Indians Douglas Welmas Tribal Chair

Paul Slama Tribal Field Representative

ITEM 2A

EXECUTIVE COMMITTEE MINUTES OF JUNE 26, 2017 PAGE 1

1. CALL TO ORDER

The June 26, 2017 Executive Committee meeting was called to order at 4:03 p.m. by Chair Dana Reed, City of Indian Wells, at Miramonte Indian Wells Resort and Spa, 45000 Indian Wells Lane, Indian Wells.

2. ROLL CALL A roll call was taken and it was determined that a quorum was present. Those in attendance

were as follows: MEMBERS PRESENT AGENCY Mayor Joseph DeConinck City of Blythe Mayor Stan Henry City of Cathedral City (Arrived during Item 7C) Mayor Steven Hernandez City of Coachella Mayor Scott Matas City of Desert Hot Springs Councilmember Dana Reed City of Indian Wells Mayor Pro Tem Michael Wilson City of Indio (Arrived during Item 6.1) Mayor Linda Evans City of La Quinta Mayor Jan Harnik City of Palm Desert Mayor Robert Moon City of Palm Springs Councilmember Dana Hobart City of Rancho Mirage Supervisor Marion Ashley County of Riverside 5th District Tribal Chair Jeff Grubbe Agua Caliente Band of Cahuilla Indians

MEMBERS NOT PRESENT AGENCY Supervisor Kevin Jeffries County of Riverside 1st District Supervisor John Tavaglione County of Riverside 2nd District Supervisor Chuck Washington County of Riverside 3rd District Supervisor V. Manuel Perez County of Riverside 4th District Tribal Chair Douglas Welmas Cabazon Band of Mission Indians NON-VOTING MEMBERS PRESENT AGENCY Peter Cosentini City of Blythe Bill Pattison City of Coachella Chuck Maynard City of Desert Hot Springs Dan Martinez City of Indio Frank Spevacek City of La Quinta

ITEM 6A

The audio file for this committee meeting can be found at: http://www.cvag.org/audio.htm

http://www.cvag.org/audio.htm


Mark Greenwood City of Palm Desert David Ready City of Palm Springs Randy Bynder City of Rancho Mirage Brian Nestande County of Riverside Tom Davis Agua Caliente Band of Cahuilla Indians OTHERS PRESENT AGENCY Councilmember Russell Betts City of Desert Hot Springs Barry Busch County of Riverside, 5th District Don Dame Consultant Tommy Edwards SunLine Transit Agency Mayor Pro Tem Ginny Foat City of Palm Springs Isaiah Hagerman City of Rancho Mirage Christian Jelmberg Street Life Project Mayor Pro Tem Sabby Jonathan City of Palm Desert Mayor Pro Tem Richard Kite City of Rancho Mirage Councilmember Geoff Kors City of Palm Springs Kristii MacEwen Path of Life Ministries Patty McGinty Cathedral City Resident Councilmember Joe McKee City of Desert Hot Springs Rosalee Murphy The Desert Sun Murray Quance CVAG Volunteer Mayor Pro Tem Yvonne Parks City of Desert Hot Springs Diana Reza CVAG Intern Rob Rockwell City of Indio Greg Rodriguez County of Riverside, 4th District Erin Sasse League of California Cities Lauren Skiver SunLine Transit Agency Councilmember Iris Smotrich City of Rancho Mirage Thom Smotrich Rancho Mirage Resident Blair Wagner Street Life Project Councilmember Ted Weill City of Rancho Mirage Doria Wilms City of Desert Hot Springs STAFF PRESENT Tom Kirk Gary Leong Martin Magaña Katie Barrows Jim Sullivan LeGrand Velez Eric Cowle Cheryll Dahlin Ben Druyon Erica Felci Joanna Stueckle Toni Eggebraaten CVAG Legal Counsel


3. PLEDGE OF ALLEGIANCE

Executive Assistant Joanna Stueckle led the Executive Committee in the Pledge of Allegiance.

4. PUBLIC COMMENTS None.

5. EXECUTIVE COMMITTEE / DIRECTOR COMMENTS

Mayor Jan Harnik gave a brief update on Cap and Trade.

6. CONSENT CALENDAR

Councilmember Dana Hobart pulled item 6F from the Consent Calendar. IT WAS MOVED BY COUNCILMEMBER HOBART AND SECONDED BY MAYOR EVANS TO:

A. Approve May 15, 2017 Special Executive Committee Minutes

B. Approve June 14, 2017 Executive Committee Minute

C. Receive and File the Latest Correspondence from Former CVAG Executive

Director Regarding the Highway 111 project in the City of Indian Wells D. Approve Amendment No. 1 to Reimbursement Agreement Between CVAG and

Riverside County for North Indian Canyon Drive Widening Project in Amount not to Exceed $3 million and Authorize Executive Director to Enter into Sub-Agreements with Cities of Desert Hot Springs and Palm Springs and Riverside County as Necessary

E. Extend Legal Services Agreement with Law Office of Toni Eggebraaten for Three

Months

F. This item was pulled from the Consent Calendar for discussion purposes.

THE MOTION CARRIED WITH 10 AYES AND 7 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY ABSENT MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR PRO TEM WILSON ABSENT MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT


SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ ABSENT SUPERVISOR ASHLEY AYE TRIBAL CHAIR GRUBBE AYE TRIBAL CHAIR WELMAS ABSENT

6.1 ITEM(S) HELD OVER FROM CONSENT CALENDAR F. Authorize Executive Director to Enter into Agreement Between Riverside County

Department of Public Social Services (DPSS) and CVAG for the County Contribution in Amount of $359,711 for FY 17/18 to Provide West Valley Housing Navigation Program Services

Councilmember Hobart pulled this item from the Consent Calendar, and a brief discussion ensued among members. The following public comment was received: Councilmember Russell Betts, City of Desert Hot Springs, indicated that he did not support item 6F, adding that he had significant objections with the program. IT WAS MOVED BY MAYOR HARNIK AND SECONDED BY SUPERVIOR ASHLEY TO AUTHORIZE EXECUTIVE DIRECTOR TO ENTER INTO AGREEMENT BETWEEN RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES (DPSS) AND CVAG FOR THE COUNTY CONTRIBUTION IN AMOUNT OF $359,711 FOR FY 17/18 TO PROVIDE WEST VALLEY HOUSING NAVIGATION PROGRAM SERVICES. THE MOTION CARRIED WITH 9 AYES, 1 NAY, 1 ABSTENTION AND 6 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY ABSENT MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR PRO TEM WILSON ABSTENTION MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART NAY SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ ABSENT SUPERVISOR ASHLEY AYE TRIBAL CHAIR GRUBBE AYE TRIBAL CHAIR WELMAS ABSENT


7. DISCUSSION / ACTION A. 2017 Nomination Committee Recommendation – Tom Kirk

Tom Kirk presented the staff report. IT WAS MOVED BY COUNCILMEMBER REED AND SECONDED BY MAYOR PRO TEM WILSON TO ELECT SUPERVISOR MARION ASHLEY, COUNTY OF RIVERSIDE AS FY 2017/2018 CVAG CHAIR AND THE EXECUTIVE COMMITTEE REPRESENTATIVE FROM THE CITY OF INDIO AS THE FY 2017/2018 CVAG VICE CHAIR. THE MOTION CARRIED WITH 10 AYES,1 ABSTAINTION, AND 6 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY ABSENT MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR PRO TEM WILSON AYE MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ ABSENT SUPERVISOR ASHLEY ABSTAINTION TRIBAL CHAIR GRUBBE AYE TRIBAL CHAIR WELMAS ABSENT

B. Resolution No. 17-005 adopting CVAG’s 2017/2018 Fiscal Year Annual Budget, Salary Schedule, and Allocated Positions – Gary Leong Gary Leong presented the staff report.

IT WAS MOVED BY MAYOR EVANS AND SECONDED BY MAYOR HARNIK TO APPROVE RESOLUTION NO. 17-005 ADOPTING CVAG’S 2017/2018 FISCAL YEAR ANNUAL BUDGET, SALARY SCHEDULE, AND ALLOCATED POSITIONS. THE MOTION CARRIED WITH 11 AYES AND 6 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY ABSENT MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR PRO TEM WILSON AYE MAYOR EVANS AYE MAYOR HARNIK AYE


MAYOR MOON AYE COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ ABSENT SUPERVISOR ASHLEY AYE TRIBAL CHAIR GRUBBE AYE TRIBAL CHAIR WELMAS ABSENT

C. Contract for West Valley Housing Navigation Program Addressing Homelessness – Cheryll Dahlin

Cheryl Dahlin presented the staff report and introduced Kristii MacEwen, Director of Housing for Path of Life Ministries. Ms. MacEwen gave a presentation on the program. The following public comments were received: Councilmember Joe McKee, City of Desert Hot Springs, spoke in support of this item and gave an update on how members of the Homelessness Committee have worked together to address homeless needs in the west valley. Mayor Pro Tem Ginny Foat, City of Palm Springs, spoke in support of this item and urged members of the Executive Committee to vote in favor of the program. Councilmember Geoff Kors, City of Palm Springs, spoke in support of the program. Councilmember Russell Betts, City of Desert Hot Springs, spoke in favor of having an implementation agreement to conduct the program. Blair Wagner, Street Life Project, discussed voucher and outreach service areas. Patty McGinty, Cathedral City resident, supported the work being done to assist the homeless and emphasized the need for the dispensing of information. Christian Jelmberg, Street Life Project, discussed hiring a local agency to work on homelessness issues. Karen Willis, Cathedral City resident, commented on crisis stabilization, suggesting that drug and alcohol assistance is addressed. Mayor Pro Tem Sabby Jonathan, City of Palm Desert and Homeless Committee Chair, discussed this as being a solution for homelessness in the west valley. Member discussion ensued. IT WAS MOVED BY MAYOR HERNANDEZ AND SECONDED BY MAYOR HENRY TO AUTHORIZE EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEMENT WITH PATH OF LIFE MINISTRIES TO PROVIDE WEST VALLEY HOUSING NAVIGATION PROGRAM SERVICES WITH A MAXIMUM REIMBURSABLE AMOUNT OF $864,737.22; TO ALLOW STAFF DISCRETION TO IMMEDIATELY PHASE IN SERVICES TO PALM SPRINGS AND


CATHEDRAL CITY IN JULY AND AUGUST AND REVISIT DESERT HOT SPRINGS SERVICES IN SEPTEMBER; AND TO RETURN WITH ADDITIONAL FINANCIAL INFORMATION.

THE MOTION CARRIED WITH 10 AYES, 2 ABSTAINTIONS AND 6 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR PRO TEM WILSON ABSTAINTION MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ ABSENT SUPERVISOR ASHLEY AYE TRIBAL CHAIR GRUBBE ABSTAINTION TRIBAL CHAIR WELMAS ABSENT

D. Community Choice Aggregation Update and Joint Powers Agreement – Katie Barrows Chair Reed announced that he and Vice Chair Ashley had a conflict of interest regarding the Community Choice Aggregation item and moved item D to the end of the action agenda.

E. 2017 CVAG Bicycle and Pedestrian Safety Program – Eric Cowle

Eric Cowle presented the staff report. Member discussion ensued. IT WAS MOVED BY MAYOR MATAS AND SECONDED BY MAYOR PRO TEM WILSON TO APPROVE TEN PROJECT APPLICATIONS SUBMITTED FOR THE CVAG 2017 BICYCLE AND PEDESTRIAN SAFETY PROGRAM, AND AUTHORIZE STAFF TO NEGOTIATE THE CORRESPONDING REIMBURSEMENT AGREEMENTS. THE MOTION CARRIED WITH 11 AYES AND 6 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR PRO TEM WILSON ABSENT MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE


SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ ABSENT SUPERVISOR ASHLEY AYE TRIBAL CHAIR GRUBBE AYE TRIBAL CHAIR WELMAS ABSENT

F. Creation of the CV Link Oversight Committee – Erica Felci

Erica Felci presented the staff report. The following public comment was received: Councilmember Ted Weill, City of Rancho Mirage, spoke in opposition of the staff recommendation. Member discussion ensued. Mayor Hernandez suggested the following be added to the staff recommended motion: If Measure A dollars are to be used, the item going before the CV Link Oversight Committee would return to the Executive Committee for consideration. Mayor Harnik seconded the amended motion. Action was not taken as member discussion continued, including Councilmember Hobart reading a statement for the record. An alternate motion to table the item was made. IT WAS MOVED BY MAYOR HENRY AND SECONDED BY MAYOR MATAS TO TABLE THIS ITEM UNTIL A FUTURE DATE. THE MOTION CARRIED WITH 8 AYES, 2 NAYS, 2 ABTAINTIONS AND 5 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ NAY MAYOR MATAS AYE COUNCILMEMBER REED ABSTAINTION MAYOR PRO TEM WILSON AYE MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART NAY SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ ABSENT SUPERVISOR ASHLEY AYE TRIBAL CHAIR GRUBBE ABSTAINTION TRIBAL CHAIR WELMAS ABSENT


Chair Reed and Vice Chair Ashley recused themselves due to conflict of interests on item 7D. Past Chair Henry stepped in to run the rest of the meeting.

D. Community Choice Aggregation Update and Joint Powers Agreement – Katie Barrows Katie Barrows gave a brief staff report. IT WAS MOVED BY MAYOR HARNIK AND SECONDED BY MAYOR MOON TO AUTHORIZE THE EXECUTIVE DIRECTOR TO PREPARE FOR A COMMUNITY CHOICE AGGREGATION PROGRAM FOR THE COACHELLA VALLEY REGION AND TO WORK WITH PARTICIPATING CITIES ON FINALIZATION OF A JOINT POWERS AGREEMENT FOR FORMATION OF A JOINT POWERS AUTHORITY. THE MOTION CARRIED WITH 9 AYES, 1 NAY, 2 RECUSALS AND 5 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED RECUSED MAYOR PRO TEM WILSON AYE MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART NAY SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ ABSENT SUPERVISOR ASHLEY RECUSED TRIBAL CHAIR GRUBBE AYE TRIBAL CHAIR WELMAS ABSENT

8. INFORMATION

a) Status of I-10 Interchange Projects

b) CVAG Regional Arterial Program - Project Status Report

c) Executive Committee Attendance Roster

d) 2017/18 Schedule of CVAG Meetings

e) Letter outlining the Planned Scope and Timing of the Audit for Fiscal Year Ended June 30, 2017, pursuant to Statements on Auditing Standards No. 114 (SAS 114)

f) Correspondence to Rancho Mirage Proposing Modified CV Link

g) Salton Sea Workshop Information


These items were placed in the agenda for member information. 9. ANNOUNCEMENTS

Upcoming Meetings at 73-710 Fred Waring Drive, Suite 119, Palm Desert: Technical Advisory Committee – Monday, September 11, 2017 at 11:00 a.m. Executive Committee – Monday, September 25, 2017 at 4:30 p.m. Upcoming Meeting at Miramonte Indian Wells Resort and Spa, 45000 Indian Wells Lane, Indian Wells: General Assembly – Monday, June 26, 2017 at 6:00 p.m.

10. ADJOURNMENT There being no further business, Past Chair Henry adjourned the meeting at 5:46 p.m.

Respectfully submitted,

Joanna Stueckle

Joanna Stueckle Executive Assistant

ITEM 6B

Staff Report Subject: Authorization to Update Signature Cards Contact: Gary Leong, Deputy Executive Director ([email protected])

Staff Recommended Motion: Authorize the updating of the signature cards.

Background: This request for new signature cards is needed to reflect the recent CVAG

Chair change. This request also supersedes any prior Executive Committee action on this

subject. With the Executive Committee’s approval, the signature cards will be updated as

follows:

1) Bank Signature Cards, County of Riverside Journal Voucher Requests and Wire Transfer

Requests to the following CVAG employees and CVAG Chair:

Marion Ashley CVAG Chair (New)

Tom Kirk Executive Director (Existing)

Gary Leong Deputy Executive Director (Existing)

Katherine Barrows Director – Energy & Environment Res. (Existing)

Joanna Stueckle Executive Assistant (Existing)

2) Signature Cards for the Local Agency Investment Fund (LAIF) to the following CVAG

employees and CVAG Chair:

Marion Ashley CVAG Chair (New)

Tom Kirk Executive Director (Existing)

Gary Leong Deputy Executive Director (Existing)

Katherine Barrows Director – Energy & Environment Res. (Existing)

Fiscal Analysis: There is no fiscal impact.

mailto:[email protected]

ITEM 6C

Staff Report Subject: Equipment and Vehicles from Homeless Program Contact: Cheryll Dahlin, Management Analyst ([email protected]) Recommendation: Redirect and Surplus Equipment and Vehicles Purchased for the Homeless Program; and Approve Executive Committee Chair to sign Lease Agreement with Path of Life Ministries. Technical Advisory Committee: CONCURS (Meeting of September 11th) Homelessness Committee: Will Review at the September 20th meeting. Background: In July 2017, CVAG ended its contract with Jewish Family Services of San Diego, operator of Roy’s Desert Resource Center (Roy’s). CVAG has acquired the following equipment and vehicles for this program and we recommend the following action on them:

1. Vehicle #1: 2010 Ford Passenger Bus – To seek out a nonprofit organization that might have a use for the bus.

2. Vehicle #2: 2009 Toyota Sienna – To be kept at CVAG for the time being for CVAG’s use.

3. Vehicle #3: 2016 ElDorado Aero Elite 320 CNG Vehicle – To allow Path of Life Ministries

(POLM), the operator of West Valley Housing Navigation Program, to use the bus for the program services via a lease. See detail below.

4. Nineteen (19) Computers –Surplus, either donate to a nonprofit organization or dispose.

5. Polycom Telecom System –Surplus, either donate to a nonprofit organization or dispose.

6. Seven (7) Commercial Washers – To be donated to Roy’s for RUHS-BH use.

7. Seven (7) Commercial Dryers – To be donated to Roy’s for RUHS-BH use.

8. One (1) Icemaker – To be donated to Roy’s for RUHS-BH use.


Vehicle #3 was granted to CVAG by South Coast Air Quality Management District for use to transport people to and from Roy’s. As CVAG ramps us the West Valley Housing Navigation Program (WVHNP) with Path of Life Ministries (POLM), CVAG has asked POLM if they can use the CNG Bus to enhance services to the homeless. POLM is proposing to convert the CNG shuttle bus to a mobile Behavioral Health/Employment Unit at their own cost. Behavioral Health and employment services are geared to get clients employed and out of the cycle of homelessness. These services are an important part of the WVHNP to allow the POLM team provide confidential counseling in the field. POLM would like to configure the inside of the unit to include seats up front and then a counseling area in the back. The addition of this service to the program would lower air emissions by eliminating the need for several gas-powered vehicles to make several trips to and from offices to accommodate client’s needs. In addition, the CNG bus would provide an airconditioned space that would allow relief for clients. Fiscal Impact: No fiscal impact. POLM Ministries will seek additional funding to transform the Vehicle #3 into a Mobile Behavioral Health unit. Contract Finalization: Minor changes/revisions may be made for clarification purposes by CVAG’s Executive Director and Legal Counsel prior to execution. Attachments: Lease Agreement with Path of Life Ministries

EXEC_09_25_2017SR6Ca.doc 1

COMMERCIAL PASSENGER VEHICLE LEASE AGREEMENT 1. LEASE AGREEMENT. This Lease is by and between Coachella Valley Association of

Governments (CVAG) (hereinafter referred to as “Lessor”) and Path of Life Ministries (hereinafter referred to as “Lessee”).

2. TERM. This Lease shall commence on October 1, 2017, and shall continue on as annual

basis until and unless either party shall give the other party thirty (30) days notice of its intent to terminate the Lease, or until the Lease is otherwise terminated as provided below. The parties acknowledge that this Lease shall supersede all prior leases and all other agreements between the parties concerning the Vehicle. The parties further acknowledge that this Lease shall be retroactive to October 1, 2017, and shall bind the parties hereunder for the entire term of the Lease in the same manner as if this Lease had been executed prior to or on October 1, 2017.

3. ANNUAL PAYMENT. In consideration for the lease of the Vehicle, Lessee shall pay to

Lessor, in United States dollars, a payment of One Dollar ($1.00). Payment is to be made to Lessor at 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260.

4. USEAGE. The Vehicle shall be leased and is restricted for use by Lessee in the West

Valley Housing Navigation Program (WVHNP) for the sole purpose of the program. At all times, Lessee shall cause signage to be prominently displayed on and in the Vehicle that clearly identifies it as a private charter vehicle that does not provide public, on-demand transportation.

5. VEHICLE. Lessor hereby leases to Lessee the vehicle described as a 2016 Eldorado Aero

Elite 320 with CNG engine, VIN 1FDAF5GY5GEB63506 (herein referred to as “Vehicle”). 6. ACKNOWLEDGMENT. Lessee acknowledges that Lessee has (a) received the Vehicle;

(b) that Lessee has inspected the Vehicle and finds the Vehicle in good and proper operating condition; and (c) that Lessee accepts the Vehicle for all purposes of this Lease.

7. REGISTRATION AND TAXES. Lessor shall register title and license the Vehicle and

provide Lessee with any documentation pertaining to the Vehicle. 8. LESSEE DUTIES. Lessee will have the following duties which Lessee agrees will be

faithfully executed during the term of this Lease:

8.1. Lessee will maintain and service the Vehicle during the Lease Term, as recommended by the Vehicle’s manufacturer and as needed to keep the Vehicle in good operating condition. Lessee will keep the Vehicle free from physical damage. Lessee will pay for all operating expenses for the Vehicle during the Lease Term, including, but not limited to, the cost of fuel, lubrication and oil, parts, labor, storage, parking, towing, tolls and all other costs associated with operating the Vehicle.

8.2. Lessee acknowledges state license requirements for a Class B permit to operate the

Vehicle and agrees to restrict operators of the Vehicle to only those drivers meeting the applicable license requirements.

8.3. Lessee agrees to pay any and all fines, penalties, citations, parking tickets or court

process (each or any referred to here as a “Fine”) issued in connection with the use of the Vehicle. Lessor has no responsibility for any Fine relating to the use of the Vehicle. If Lessor receives any court process, Lessor will tell the court that Lessee must pay the Fine. If Lessee fails to pay or settle any such Fine, Lessor may pay it for Lessee and


Lessee will reimburse Lessor on demand any sum paid. 8.4. Lessee will not modify the Vehicle without the prior written consent of Lessor. Any

accessories, equipment or parts installed in or on the Vehicle with or without Lessor’s permission becomes the property of Lessor and part of the Vehicle.

8.5. Lessee agrees not to use or permit the use of the Vehicle: (a) for any unlawful or

wrongful purpose or in violation of any law; (b) to transport passengers in excess of the rated capacity of the Vehicle; (c) or for any other purpose except for the transportation of passengers and supplies in conjunction with the WVHNP within the Coachella Valley.

8.6. Lessor may inspect the Vehicle from time to time, at any reasonable time, and upon the

prior request of Lessor to Lessee. 9. INDEMNITY. Lessee shall indemnify and hold Lessor, its agents and employees, harmless

against any and all losses, claims, damages or expenses (including attorney’s fees) connected with or arising out of the management, control, use, storage, condition (including, without limitation, defects, whether or not discoverable by Lessor or Lessee) or operation of the Vehicle, or any default by Lessee in the performance of any of its obligations hereunder. Lessee shall promptly notify Lessor of any such claim. The parties understand and agree that, in addition to any rights of indemnity granted hereby and herein to Lessor, Lessor will to the greatest extent possible at law and/or in equity be deemed subrogated to any and all rights and causes of action which might arise or belong to Lessee.

10. RISK OF LOSS. Lessee agrees to keep the Vehicle free from any liens, encumbrances or

claims. Lessee is solely responsible for the risk of loss, damage or destruction of the Vehicle until the Vehicle is returned to Lessor upon the termination of this Lease or if Lessee ceases to provide the required services required under the WVHNP. If the Vehicle is damaged, destroyed, stolen, confiscated by any governmental authority, abandoned, or subject to undue peril, Lessee shall notify Lessor immediately.

11. DEFAULT. If Lessee fails to maintain insurance as required in Section 12, if Lessee fails to

perform in any manner under the terms of this lease, if the WVHNP terminates, or if Lessee ceases to provide services for the WVHNP as contemplated in this agreement, or, in the sole and absolute discretion of Lessor, Lessee is deemed to have operated the Vehicle in an unsafe manner or for a purpose other than the WVHNP, the lease will be considered in default. Lessor then may do any or all of the following without giving notice to Lessee except as otherwise required by law: (a) take any reasonable measures to correct the default or to save Lessor from loss, in which case Lessee will immediately pay for the cost and expenses incurred; (b) terminate this Lease and Lessee’s rights to possess the Vehicle; (c) take possession of the Vehicle by any peaceable method or manner permitted by law, with or without court action; and (d) charge Lessee the amount(s) stated in Section 11.1 below. 11.1. In the event either party retains an attorney to correct a default or collect other sums

due, the prevailing party shall be entitled to all reasonable attorney fees and other collection costs.

12. INSURANCE. Lessee shall provide insurance with coverage and amounts not less than the

following:

12.1. A minimum Five Million Dollars ($5,000,000) bodily injury, One Million Dollars ($1,000,000) bodily injury per accident and One Million Dollars ($1,000,000) property damage insurance.


12.2. Collision and Comprehensive insurance for the full replacement value of the Vehicle, with a deductible not to exceed Five Hundred Dollars ($500) per occurrence.

Lessee shall cause each insurance policy issued pursuant to this section to provide that: (a) Lessor, as owner and lessor of leased Vehicle, shall be insured as Lessee’s interest may appear, and (b) if such policy is to be cancelled or materially changed for any reason, such insurer will promptly notify Lessor, and such cancellation or change will not be effective as to Lessor for twenty (20) days after receipt by Lessor of such notice. Lessee shall deliver to Lessor copies of each insurance policy required by this Section upon execution hereof and copies of each renewal policy not less than thirty (30) days prior to the expiration of the original policy or preceding policy, as the case may be, and Lessee shall deliver to Lessor receipts or other evidence that the premiums thereon have been paid. Lessee shall bear the entire risk of the Vehicle being lost, destroyed, damaged or otherwise permanently unfit or unavailable for use. Lessee, at Lessee’s own expense, shall provide, or cause to be provided, any other insurance and post any bonds required by any governmental authority with respect to operation of the Vehicle. All such insurance shall protect Lessor, Lessee and any other person having an interest in the Vehicle and, except for any additional blanket liability insurance, any person leasing or operating the Vehicle with valid permission. If any claim is made or action commenced for personal injury or death or property damage in connection with any use of the Vehicle, Lessee shall promptly notify Lessor and the insurance carrier thereof and furnish them with a copy of each process and pleading received in connection therewith and diligently defend against such claim or action and, at Lessor’s election and Lessee’s expense, cooperate in the defense thereof. Lessee shall promptly furnish to the insurance carrier a report of any accident involving the Vehicle on the form to be furnished by such carrier.

13. ASSIGNMENT. Lessee may not assign or transfer any of its rights or obligations under this

Lease, or sublet the Vehicle to another party, without prior written consent of Lessor. If Lessor consents to such an assignment, Lessee will continue to remain liable for performance under this Lease. Lessor may assign or transfer Lessor’s interest in and/or Lessor’s rights under this Lease without the consent of Lessee.

14. EXPIRATION OF LEASE. Upon the expiration or termination of the Lease of the Vehicle

hereunder, Lessee shall return the Vehicle, in operational condition with all related and accompanying papers, to Lessor. Lessee shall return the Vehicle to Lessor at a location specified by Lessor in the County of Riverside, State of California on or before the expiration or termination of this Lease.

15. EARLY TERMINATION. In the event this Lease is terminated, in whole or in part, for any

reason, prior to the expiration of the Lease, the party causing the termination shall provide the other party a minimum of thirty (30) day written notice of termination.

16. GENERAL PROVISIONS. Lessee will pay all amount(s) due under this Lease. If Lessor

waives or delays enforcing any of Lessor’s rights under this Lease, it will not affect Lessor’s ability to enforce Lessor’s rights afterward. Notices under this Lease must be in writing, properly addressed, and mailed U.S. Mail, certified return receipt requested, and will be effective upon receipt. This Lease shall constitute the entire agreement between the parties and may not be changed except by an instrument in writing, signed by both parties. This Lease will be governed by the laws of the State of California.

17. NO WARRANTIES. Lessee acknowledges that Lessor is not the manufacturer, the agent

of the manufacturer, or the distributor of the Vehicle hereunder. Lessor makes no warranty or representation, express or implied, as to the fitness, safeness, design, merchantability, condition, quality, capacity or workmanship of the Vehicle nor any warranty that the Vehicle will satisfy the requirements of any law or contract specification and, as between Lessor and Lessee, Lessee agrees to bear all such risks at Lessee’s sole risk and expense. Lessee


specifically waives Lessee’s rights to make claim against Lessor or any of Lessor’s assets for breach or any warranty of any kind whatsoever and as to Lessor, Lessee leases the Vehicle “as is.” In no event shall Lessor be liable for special, incidental, or consequential damages whatsoever or howsoever caused.

18. LESSEE’S WARRANTIES. Lessee warrants that (a) Lessee is and shall at all times

hereafter be duly organized, validly existing and in good standing under the laws of the State of California and it has duly authorized the execution, delivery and performance of this Lease Agreement; (b) this Lease Agreement has been duly and validly executed and delivered by Lessee and constitutes the valid and binding obligation of the Lessee.

COACHELLA VALLEY ASSOCIATION PATH OF LIFE MINISTRIES OF GOVERNMENTS

By: By:

Title: Chair Title:

ITEM 6D

Staff Report

Subject: Approve agreement with Counterpointe Energy Solutions LLC for a Regional

PACE program Contact: Benjamin Druyon, Management Analyst ([email protected]) Recommendation: 1) Approve agreement with Counterpointe Energy Solutions LLC to implement their

program regionally in the Coachella Valley with CVAG oversight; and

2) Authorize the Executive Director and/or CVAG legal counsel to make minor changes/revisions to the agreement as needed for clarification purposes.

Technical Advisory Committee: CONCURS (Meeting of September 11th) Energy & Environmental Resources Committee: September 14th meeting cancelled. Background: On January 25, 2016, the Executive Committee approved CVAG staff’s recommendation to implement new PACE programs regionally, with CVAG oversight and similar policies and procedures that have been incorporated into the HERO and Ygrene programs. Counterpointe Energy Solutions has approached CVAG about implementing their program on a regional scale. To include Counterpointe Energy Solutions as a PACE provider in the Coachella Valley, CVAG staff has developed the attached agreement with Counterpointe Energy Solutions. Headquartered in Boca Raton, FL, with offices in La Jolla, California and Greenwich, CT, Counterpointe Energy Solutions, LLC is an administrator for PACE programs that utilizes the expertise and resources of Counterpointe Energy Solutions in a focused effort to provide a nationwide funding platform. The Program provides up to 100% financing for energy efficiency, renewable energy, water conservation and wind/seismic retrofits for property owners, both residential and commercial. Counterpointe Energy Solutions PACE program is currently approved in 184 Cities and Counties in California. Additionally, they are approved or are in the approval process in 26 states. They have two divisions: Counterpointe Sustainable Real Estate (commercial) and Alliance NRG (residential). Counterpointe Energy Solutions operates under AB 811 and is enrolled in the California Statewide Communities Development Authority (CSCDA) Open PACE platform. The CSCDA was created in 1988, under California’s Joint Exercise of Powers Act, to provide California’s local governments with an effective tool for the timely financing of community-based public benefit projects, such as the Open PACE program. CSCDA was created by and for local governments in California, and is sponsored by the California State Association of Counties and the League of California Cities. Currently, more than 500 cities, counties and special districts have become members of CSCDA. All of CVAG member agencies are currently members of CSCDA. The Open PACE program provides CSCDA members a turn-key PACE solution that provides property owners a choice among multiple pre-qualified PACE financing providers based on their rates, experience and capital commitment to the California PACE market. The consumer protection policies and procedures adopted by the CVAG Executive


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Committee on January 25, 2016 are used by CSCDA for their Open PACE program and therefore are adopted by Counterpointe Energy Solutions. The agreement developed with Counterpointe Energy Solutions to be a PACE provider in the Coachella Valley will provide for CVAG oversight of the Counterpointe Energy Solutions program and consistency with the policies, procedures and oversight that are currently in place with our other regional PACE programs. The agreement developed between CVAG and Counterpointe Energy Solutions is similar to the one developed with Renovate America and the Western Riverside Council of Governments for HERO. This agreement will allow for CVAG to provide oversight on behalf of our member agencies, to: 1) minimize issues that may arise from the operation of multiple programs simultaneously in the Coachella Valley; 2) assist with marketing and outreach; 3) coordinate with and assist CVAG member agencies; and 4) mediate any property owner or contractor complaints that come to CVAG’s attention. This agreement will also provide for a participation fee associated with CVAG’s role in Counterpointe Energy Solutions as a regional PACE program. As part of the development of this agreement, CVAG staff has been working with Counterpointe Energy Solutions and CSCDA to review their procedures and oversight of the Counterpointe Energy Solutions PACE program to ensure they meet the same standards established for our existing regional programs. Given the growth in the PACE market, it is important to maintain oversight and properly vet new programs. The CSCDA provides oversight of Counterpointe Energy Solutions, including review of each application and underwriting criteria. Their function is similar to that provided by CVAG for the CV Upgrade/Ygrene program and by Western Riverside Council of Governments for the HERO program. Resolutions allowing the CSCDA to operate have already been adopted by each city in CVAG’s jurisdiction, therefore, if the Executive Committee approves the agreement with Counterpointe Energy Solutions, Counterpointe Energy Solutions will be able to begin operations in the Coachella and Palo Verde Valleys promptly after executing the agreement. For Counterpointe Energy Solutions, as well as other PACE providers that desire to implement their program regionally in the Coachella Valley, they would follow these steps:

• Contact CVAG to discuss terms of implementation and what is expected of them

• Develop an agreement identifying the roles and responsibilities of CVAG and the PACE provider

• CVAG will present the agreement for consideration by the Executive Committee

• If approved, work with CVAG on implementation of program Staff is seeking approval by the Executive Committee for an agreement with Counterpointe Energy Solutions for implementation of a regional PACE program in the Coachella Valley. Fiscal Analysis: The cost to CVAG for time spent on this PACE program will be recovered through a participation fee associated with this program. Attachments: 1. Agreement with Counterpointe Energy Solutions

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ATTACHMENT 1

ADMINISTRATION AGREEMENT

by and among

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS

and

COUNTERPOINTE ENERGY SOLUTIONS (CA) LLC

1. PARTIES AND DATE.

This Administration Agreement is effective as of the _____ day of _____________, 2017 (“the Effective Date”), by and among the Coachella Valley Association of Governments, a California Joint Powers Authority (“CVAG”) and Counterpointe Energy Solutions (CA) LLC, a Delaware limited liability company (hereafter, “PACE Administrator”). CVAG and PACE Administrator are sometimes individually referred to as a “Party” and collectively as “Parties.” This agreement may be referred to herein as the “CVAG Administration Agreement” or the “Agreement.”

2. RECITALS.

2.1 California Statewide Community Development Authority (“Authority”) has established a voluntary contractual assessment program designated as the CSCDA Open PACE Program (the "Authority's PACE Program") pursuant to the provisions of Chapter 29 of Part 3, Division 7 of the California Streets and Highways Code (commencing at Section 5898.12) (“Chapter 29”), to assist owners of real properties to finance the cost of installation of distributed generation renewable energy sources or energy efficiency or water conservation improvements or electric vehicle charging infrastructure (the “Eligible Products”) that are permanently fixed to the properties of such owners.

2.2 In establishing the Authority's PACE Program, Authority has pursuant to Chapter 29 approved a report addressing the matters specified therein (such report and any supplemental handbook, as each have or may be amended from time to time, are collectively referred to as the “Authority's PACE Program Report”). The Authority's PACE Program Report governs the administration of the Authority's PACE Program and establishes, among other terms, the eligibility requirements applicable to property owners, properties, contractors and Eligible Products, financial terms applicable to property owners and the administrative process for property owner participation in the Authority's PACE Program.

2.3 Authority has entered into an agreement establishing the terms and conditions pursuant to which PACE Administrator shall provide administration services to Authority for the Authority's PACE Program for property owners participating in the Authority's PACE Program (the “Authority Program Administration Agreement”).

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2.4 CVAG would like to add to the options available to owners of properties within the Coachella Valley for obtaining financing of the installation of Eligible Products that are permanently fixed to the properties of such owners.

2.5 In April 2013, the CVAG Executive Committee directed staff to explore the option of encouraging competition by offering PACE programs provided by both Ygrene Energy Fund and the HERO program. The Executive Committee identified requirements to be part of any PACE program. Ygrene was selected as the only entity meeting these requirements at the time and CVAG already offers a PACE program with Ygrene Energy Fund. CVAG now offers a PACE program through other providers as well. It is the intent of this Agreement to provide for the requirements established by the CVAG Executive Committee regarding participation in the Authority's PACE Program: 1) a local presence or office, and 2) CVAG Executive Committee lead in reviewing changes to the PACE program.

2.6 CVAG and PACE Administrator desire to enter into this Agreement to establish the terms and conditions pursuant to which administration services for the Authority's PACE Program (the "Program Administration Services") will be provided to CVAG and all cities and that portion of Riverside County located in the CVAG region (including the census designated places of Mecca, Thousand Palms, Thermal and Bermuda Dunes) which have elected to participate in the Authority's PACE Program (collectively, the “CVAG Jurisdictions”).

3. THE PURPOSE OF THE AGREEMENT.

CVAG and PACE Administrator desire to enter into this Agreement to establish the terms and conditions pursuant to which the PACE Administrator shall provide Program Administrative Services to CVAG and the CVAG Jurisdictions. PACE Administrator desires to perform and assume responsibility for the provision of such Program Administration Services on the terms and conditions set forth in this Agreement. PACE Administrator represents that it is legally qualified to provide such Program Administration Services, and has or will obtain all necessary licenses and authorizations from the State of California and any agency of the federal government with the authority to regulate the provision of such Program Administration Services.

4. TERMS.

4.1 Scope of Program Administration Services and Term of Agreement.

4.1.1 General Scope of Program Administration Services. PACE Administrator promises and agrees to provide Program Administration Services and to furnish financing necessary to provide labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately implement the provision of the Program Administration Services. All Program Administration Services shall be subject to, and performed in accordance with, the Authority Program Administration Agreement that PACE Administrator has entered into with Authority, the exhibits attached thereto and incorporated therein by reference, except as otherwise provided in this Agreement, and all applicable local, state and federal laws, rules and regulations.

4.1.2 Term. The term of this Agreement shall be three years from the Effective Date of this Agreement, unless sooner terminated as provided herein. Thereafter, the term of this Agreement shall automatically renew for successive one (1) year terms unless one party provides

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written notice to the other party at least ninety (90) days in advance of the end of the then existing term that it does not wish to renew the term of this Agreement.

4.2 Responsibilities of PACE Administrator and CVAG.

4.2.1 Control and Payment of Subordinates; Independent Contractor. The Program Administration Services shall be performed by PACE Administrator or under its supervision in accordance with the Authority Program Administration Agreement and this Agreement (collectively, the “Agreements”). PACE Administrator will determine the means, methods and details of performing the Program Administration Services subject to the requirements of the Agreements. PACE Administrator retains the right to perform services similar to Program Administration Services authorized to be provided under the Agreements for other public agencies implementing similar programs. Any personnel performing Program Administration Services under the Agreements on behalf of PACE Administrator shall also not be employees of CVAG and shall at all times be under PACE Administrator’s exclusive direction and control. PACE Administrator shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Program Administration Services under the Agreements and as required by law. PACE Administrator shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers compensation insurance.

4.2.2 PACE Administrator’s Responsibilities. PACE Administrator shall perform Program Administration Services as set forth in the Authority Program Administration Agreement, except as such Program Administration Services are modified as set forth in Exhibit A, including but not limited to the requirement that all projects comply with the pricing guidelines provided by CVAG. PACE Administrator represents that it has the professional and technical personnel and financial resources required to perform Program Administration Services in conformance hereto.

4.2.3 CVAG Responsibilities. In order to facilitate PACE Administrator’s performance of Program Administration Services, CVAG shall respond to PACE Administrator’s requests and submittals in a timely manner including auditing projects as set forth in the Schedule of Responsibilities attached as Exhibit A. Bonds issued to finance improvements pursuant to this Program shall be issued by Authority. In order for bonds to be issued with respect to projects in CVAG Jurisdictions, applicable member agencies of CVAG must adopt the resolution as set forth in Exhibit B. CVAG represents that it has the professional personnel and financial resources required to perform the CVAG Responsibilities in conformance hereto. CVAG has also contracted with other contractors to provide PACE programs pursuant to Chapter 29 and/or the Mello Roos Community Facilities Act of 1982 (codified at California Government Code section 53311 and following, and as amended by Senate Bill 555, Statutes of 2011, chapter 493,) within its member jurisdictions, and reserves the right to implement similar and any other programs with other contractors.

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4.2.4 Compensation.

(a) CVAG has no responsibility to pay PACE Administrator for the provision of Program Administration Services.

(b) On January 15, April 15, July 15 and October 15 of each calendar year, PACE Administrator will pay CVAG an amount equal to 0.25% of the total financed amount for projects on properties within the boundaries of CVAG Jurisdictions that were funded under the Authority's PACE Program during the preceding calendar quarter. All such fees paid to CVAG by PACE Administrator shall not be collected from or passed on to the property owner; nor shall such fees be included in the amount financed by the property owner; rather, all such fees paid to CVAG shall be paid out of PACE Administrator's general revenues.

(c) The Parties agree that all program fees for the Authority's PACE Program charged to the property owner and/or the contractor shall be designed to minimize up-front costs for property owners. In furtherance of this objective, PACE Administrator shall make CVAG aware of any changes to program fees. Fees charged to property owners in the CVAG region shall be no more than comparable fees charged to property owners in other cities and counties participating in the Authority's PACE Program (except for Lien Recordation fees which are set by each county).

4.2.5 Conformance to Applicable Requirements. Prior to launch and no less frequently than once a quarter, PACE Administrator shall meet with the CVAG Representative and other CVAG representatives to review and approve PACE Administrator’s marketing and customer service plans for the Authority's PACE Program in the CVAG Jurisdictions. To the extent there are material changes to the marketing and customer service plans, PACE Administrator shall meet with the CVAG Representative and other CVAG representatives to review and approve the revised marketing and customer service plans for the CVAG Jurisdictions. PACE Administrator and CVAG shall schedule quarterly meetings at PACE Administrator offices or CVAG’s offices for an update on the Authority's PACE Program.

4.2.6 The CVAG Representative. CVAG hereby designates Thomas Kirk, or his or her designee, to act as its representative for the performance of this Agreement (the “CVAG Representative”). The CVAG Representative shall have the power to act on behalf of CVAG for all purposes under this Agreement. PACE Administrator shall not accept direction or orders from any person on behalf of CVAG other than the CVAG Representative or his designee. The CVAG Representative shall provide written notice to PACE Administrator of the appointment or the rescission of the appointment of any designee of the CVAG Representative hereunder.

4.2.7 The PACE Administrator Representative. PACE Administrator hereby designates David Schaefer, or his or her designee, to act as its representative for the performance of this Agreement (the “PACE Administrator Representative”). The PACE Administrator Representative shall have the power to act on behalf of PACE Administrator for all purposes under this Agreement. CVAG shall not accept direction or orders from any person on behalf of PACE Administrator other than the PACE Administrator Representative or his or her designee. The PACE Administrator Representative shall provide written notice to CVAG of the appointment or the rescission of the appointment of any designee of the PACE Administrator Representative hereunder.

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4.2.8 Coordination of Program Administration Services. PACE Administrator agrees to work closely with CVAG staff in the performance of Program Administration Services and shall be reasonably available to CVAG’s staff.

4.2.9 Standard of Care. PACE Administrator shall perform all Program Administration Services under the Agreements in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. PACE Administrator represents and maintains that it is skilled in the professional calling and has the financial resources necessary to perform Program Administration Services. PACE Administrator warrants that all employees and/or agents of PACE Administrator shall have sufficient skill and experience to perform Program Administration Services assigned to them. Further, PACE Administrator represents that it, its employees and agents have, or will have prior to the performance of Program Administration Services, all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform Program Administration Services, and that such licenses and approvals shall be maintained throughout the term of the Agreements. PACE Administrator shall perform, at its own cost and expense and without reimbursement from CVAG, any services necessary to correct errors or omissions which are caused by PACE Administrator’s failure to comply with the standard of care provided for herein.

4.2.10 Laws and Regulations. PACE Administrator shall keep itself fully informed of and in material compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Authority's PACE Program or Program Administration Services, including without limitation, all Cal/OSHA requirements and all applicable federal and state securities laws and regulations, and shall give all notices required by law. PACE Administrator shall be liable for all of its violations of such laws, rules and regulations in connection with Program Administration Services.

4.3 Accounting Records – Maintenance and Inspection.

PACE Administrator shall maintain complete and accurate records, consistent with its records retention policy and applicable law. All such records shall be clearly identifiable. PACE Administrator shall, at reasonable times and upon reasonable notice, allow a representative of CVAG and/or its agent during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. PACE Administrator shall, at reasonable times and upon reasonable notice, allow inspection of all work, data, documents, proceedings, and activities related to the Agreement.

4.4 General Provisions.

4.4.1 Termination of Agreement for Cause. Should PACE Administrator breach one or more of its material obligations as outlined herein in a material way, CVAG may, by written notice to PACE Administrator, terminate the whole or any part of this Agreement by giving written notice to PACE Administrator of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Notwithstanding anything to the contrary in the immediately preceding sentence, CVAG shall provide PACE Administrator with at least thirty (30) days advance written notice within which to cure any such potential breach. If the matter is cured, as determined by CVAG in the exercise of its reasonable discretion, within this thirty (30) day period, then CVAG shall not be entitled to terminate this Agreement, and if the

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matter is not so cured, CVAG may proceed with the process outlined in the first sentence of this Section 4.4.1.

4.4.2 Termination Without Cause. Either Party may terminate this Agreement, without cause, effective 90 days after giving written notice of such termination to the other Party.

4.4.3 Transition Period Upon Termination. PACE Administrator shall stop accepting applications for Program Assessment Contracts within the CVAG Jurisdictions on the effective date of any termination of this Agreement. Promptly following the effective date of any termination of this Agreement by CVAG, as provided above, PACE Administrator shall provide CVAG with an accounting of (i) all pending applications for Program Assessment Contracts respecting properties that were initiated prior to such effective date and (ii) all executed Program Assessment Contracts respecting properties that were outstanding but unfunded as of the time of such termination (collectively, “Pending Program Assessment Contracts”). PACE Administrator shall have the option to close and fund each Pending Program Assessment Contract in accordance with its respective terms, subject to the review of the appropriate documentation by CVAG, and notwithstanding the termination of this Agreement. Within two (2) business days following receipt by CVAG of the relevant documentation, CVAG shall have the authority to deny any project that CVAG deems to have insufficient consumer protection, is not an eligible measure and/or which is not within the pricing guidelines. A "business day" is defined as any day in which CVAG's offices are open to the public. Absent notice of a denial by CVAG of a Pending Program Assessment Contract, approval will be deemed to have been given on the third business day after CVAG's receipt of the relevant documentation.

4.4.4 Effect of Termination on the Authority Program Administration Agreement. The termination of this Agreement by CVAG pursuant to the provisions hereof shall not result in the termination of the Authority Program Administration Agreement as such agreement applies to the provision of Program Administration Services outside of the CVAG Jurisdictions.

4.4.5 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

PACE Administrator: Counterpointe Energy Solutions (CA) LLC 6401 Congress Ave., Suite 200

Boca Raton, FL 33487 Attn: David S. Schaefer Email: [email protected]

CVAG: Coachella Valley Association of Governments 73710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Attn: Tom Kirk Facsimile: (760) 340-5949 Such notice shall be deemed made when personally delivered or when mailed,

forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to

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the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

4.4.6 Confidentiality, Intellectual Property and Data Compilation.

(a) Confidentiality. Except as otherwise set forth in this Agreement, all ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data provided by either Party to the other Party (including any copies or manuscripts of such information produced by a Party pursuant to this Agreement) or otherwise including any financial structure and financing approach of Program Assessments in connection with the performance of this Agreement shall be held confidential by the other Party. Nothing furnished to either Party which is otherwise known to the receiving Party prior to such disclosure or is generally known, or has become known, to the related industry, and nothing that is subject to the California Public Records Act, shall be deemed confidential. The parties shall mutually agree on the use of their respective insignia or names in any magazine, trade paper, newspaper, television or radio production or other similar medium. Notwithstanding the above, any documents prepared for the Authority's PACE Program that are intended to be provided to the public shall not be subject to the limitations of this Section 4.4.6.

(b) Intellectual Property. CVAG expressly acknowledges and agrees that any and all computer software and all source code thereof, used or developed by PACE Administrator (“Proprietary Software”) in performing the Program Administration Services is proprietary and PACE Administrator, or its licensors, shall at all times exclusively own all rights, title, and interest in such software and Proprietary Software, including all intellectual property rights contained therein. However, such software shall be made available to CVAG to the extent necessary to examine, review or audit Program records and documents.

(c) Data Compilation. CVAG acknowledges and agrees that PACE Administrator, or its licensors, will have spent substantial time and effort in collection and compiling data and information (the “Data Compilations”) in connection with the Authority's PACE Program Administration Services and that such Data Compilations may be used by PACE Administrator (or such licensors) for their own purposes, including, without limitation, sale or distribution to third parties; provided, however, that PACE Administrator will not, and shall ensure that its licensors will not, sell or distribute any of CVAG’s confidential information that may be contained in such Data Compilations, unless such confidential information is used only on an aggregated and anonymous basis.

4.4.7 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be reasonably necessary, appropriate or convenient to attain the purposes of this Agreement.

4.4.8 Arbitration and Equitable Relief.

(a) Arbitration. In consideration of PACE Administrator’s rights under this Agreement, CVAG’s promise to arbitrate disputes under this Agreement, and the receipt of revenue earned by PACE Administrator, at present and in the future, PACE Administrator and CVAG agree that any and all controversies, claims, or disputes with anyone (including CVAG and any employee, officer, director, volunteer of CVAG in its capacity as such or otherwise), whether brought on an individual, group, or class basis, arising out of, relating to, or resulting from PACE

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Administrator’s performance of Program Administration Services under this Agreement or the termination of this Agreement, including any breach of this Agreement by either Party, shall be subject to binding arbitration under the Arbitration Rules set forth in California Code of Civil Procedure Section 1280 through 1294.2, including Section 1283.05 (the “Rules”) and pursuant to California law. Disputes which PACE Administrator and CVAG agree to arbitrate, and thereby agree to waive any right to a trial by jury, include any statutory claims under state or federal law, the California Labor Code, and claims of harassment, discrimination and wrongful termination. PACE Administrator and CVAG further understand that this Agreement to arbitrate also applies to any disputes that PACE Administrator or CVAG may have with each other.

(b) Procedure. PACE Administrator and CVAG agree that any arbitration will be administered by the American Arbitration Association (“AAA”), and that the neutral arbitrator will be selected in a manner consistent with AAAs National Rules for the Resolution of Contract Disputes. PACE Administrator and CVAG agree that the arbitrator shall have the power to decide any motions brought by any Party to the arbitration, including motions for summary judgment and/or adjudication, motions to dismiss and demurrers, and motions for class certification, prior to any arbitration hearing. PACE Administrator and CVAG also agree that the arbitrator shall have the power to award any remedies available under applicable law, and that the arbitrator shall award attorneys’ fees and costs to the prevailing Party except as prohibited by law. PACE Administrator agrees that the arbitrator shall administer and conduct any arbitration in a manner consistent with the Rules and that to the extent that the AAA’s National Rules for the Resolution of Contract Disputes conflict with the Rules, the Rules shall take precedence. PACE Administrator and CVAG agree that the decision of the arbitrator shall be in writing.

(c) Remedy. Except as provided by the Rules and this Agreement, arbitration shall be the sole, exclusive and final remedy for any dispute between PACE Administrator and CVAG. Accordingly, except as provided for by the Rules and this Agreement, neither PACE Administrator nor CVAG will be permitted to pursue court action regarding claims that are subject to arbitration except to have an arbitration award entered as a judgment for enforcement purposes.

(d) Availability of Injunctive Relief. PACE Administrator and CVAG agree that either PACE Administrator or CVAG may petition a court for provisional relief, including injunctive relief, as permitted by the Rules, including, but not limited to, where either PACE Administrator or CVAG alleges or claims a violation of this Agreement between CVAG and PACE Administrator. PACE Administrator and CVAG understand that any breach or threatened breach of such an agreement (including this Agreement) will cause irreparable injury and that money damages will not provide an adequate remedy therefor and both CVAG and PACE Administrator hereby consent to the issuance of an injunction.

4.4.9 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

4.4.10 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in the County of Riverside.

4.4.11 Time of Essence. Time is of the essence for each and every provision of this Agreement.

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4.4.12 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

4.4.13 Assignment or Transfer. PACE Administrator shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of CVAG provided, however, PACE Administrator may assign this Agreement to an affiliate or in connection with a merger or the sale of all or substantially all of its assets provided that the successor entity expressly assumes all of the obligations and confirms all of the representations and warranties of PACE Administrator hereunder. Any such unpermitted assignment, hypothecation or transfer shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

4.4.14 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Unless otherwise defined herein above, any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to PACE Administrator include all personnel, employees, agents, and subcontractors of PACE Administrator, except as otherwise specified in this Agreement. All references to CVAG include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

4.4.15 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties.

4.4.16 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

4.4.17 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

4.4.18 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

4.4.19 Prohibited Interests. PACE Administrator maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for PACE Administrator or independent contractors and consultants engaged by PACE Administrator to perform services of the nature of those included on the Schedule of Responsibilities attached hereto, to solicit or secure this Agreement. Further, other than its outside counsel, PACE Administrator warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for PACE Administrator, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CVAG shall have the right to rescind this Agreement without liability. For the term of this Agreement,

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no member, officer or employee of CVAG, during the term of his or her service with CVAG, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

4.4.20 Equal Opportunity Employment. PACE Administrator represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or other protected class. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

4.4.21 Labor Certification. By its signature hereunder, PACE Administrator certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of Program Administration Services.

4.4.22 Authority to Enter Agreement. PACE Administrator has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreements. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

4.5 Subcontracting.

4.5.1 Prior Approval Required. PACE Administrator shall not subcontract any portion of Program Administration Services, except as expressly stated herein, without prior written approval of CVAG; provided that PACE Administrator may subcontract its duties to its affiliates or hire individuals that act as independent contractors or consultants; and provided

further that no such arrangement shall relieve PACE Administrator of its obligations hereunder and PACE Administrator will be responsible for all acts and omissions of such subcontractors and agents in performance of any duties so delegated. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

4.6 Insurance.

4.6.1 Time for Compliance. PACE Administrator shall not commence Program Administration Services under this Agreement until it has provided evidence satisfactory to CVAG that it has secured all insurance required under this Section. In addition, PACE Administrator shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to CVAG that the subcontractor has secured all insurance required under this section.

4.6.2 Minimum Requirements. PACE Administrator shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by PACE Administrator, its agents, representatives, employees or subcontractors. PACE Administrator shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(a) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers Compensation and Employers Liability: Workers Compensation insurance as required by the State of California and Employers Liability Insurance.

(b) Minimum Limits of Insurance. PACE Administrator shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers Compensation

and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease.

4.6.3 Professional Liability. PACE Administrator shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of three (3) years following completion of Program Administration Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim.

4.6.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or PACE Administrator shall provide endorsements on forms supplied or approved by CVAG to add the following provisions to the insurance policies:

(a) General Liability. The general liability policy shall be endorsed to state that: (1) CVAG, its directors, members, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to Program Administration Services or operations performed by or on behalf of PACE Administrator, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects CVAG, its directors, members, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of PACE Administrator’s scheduled underlying coverage. Any insurance or self-insurance maintained by CVAG, its directors, members, officials, officers, employees, agents and volunteers shall be excess of PACE Administrator’s insurance and shall not be called upon to contribute with it in any way.

(b) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) CVAG, its directors, members, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by PACE Administrator or for which PACE Administrator is responsible; and (2) the insurance coverage shall be primary insurance as respects CVAG, its directors, members, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of PACE Administrator’s scheduled underlying coverage. Any insurance or self-insurance maintained by CVAG, its directors, members, officials, officers, employees, agents and volunteers shall be excess of PACE Administrator’s insurance and shall not be called upon to contribute with it in any way.

(c) All Coverages. The professional liability, general liability and automobile liability policies required by this Agreement shall be endorsed to state that the

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respective insurer (or in the case of professional liability insurance provided pursuant to Section 4.6.3, the respective insurer or PACE Administrator) shall provide CVAG with written notice within thirty (30) days of any suspension, voiding or cancellation of the insurance policy. Such insurers shall also agree to waive all rights of subrogation against CVAG, its directors, members, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by PACE Administrator.

4.6.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to CVAG, its directors, members, officials, officers, employees, agents and volunteers.

4.6.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions in an amount greater than $10,000 (other than the professional liability policy, for which the relevant amount of any deductibles or self-insured retentions shall not be greater than $250,000) must be declared to and approved by CVAG. If any deductibles or self-insured retentions exceed such amounts, CVAG may require PACE Administrator to, at CVAG’s option, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CVAG, its directors, members, officials, officers, employees, agents and volunteers; or (2) PACE Administrator shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

4.6.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating no less than A-:VII, licensed to do business in California.

4.6.8 Verification of Coverage. PACE Administrator shall furnish CVAG with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to CVAG. The Certificates of Insurance shall not only name the type of policy provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by CVAG if requested. All certificates and endorsements must be received and approved by CVAG before work commences. CVAG reserves the right to require complete, certified copies of all required insurance policies, at any time.

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4.7 Indemnification.

PACE Administrator shall defend, indemnify and hold CVAG, its directors, members, officials, officers, employees, volunteers and agents (each, a “CVAG Indemnified Person”) free and harmless from any and all claims, demands, causes of action, reasonable, documented, out-of-pocket costs and expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent or wrongful acts or omissions or willful misconduct of PACE Administrator, its directors, officials, officers, employees, agents, consultants, contractors and subcontractors, arising out of or in connection with the performance of the Program Administration Services, the Authority's PACE Program or this Agreement, including without limitation the payment of all consequential damages and reasonable attorneys’ fees and other related costs and expenses. PACE Administrator shall defend, at PACE Administrator’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against any CVAG Indemnified Person in accordance with this Section 4.7. PACE Administrator shall pay and satisfy any judgment, award or decree that may be rendered against any CVAG Indemnified Person in any such suit, action or other legal proceeding. PACE Administrator shall reimburse CVAG Indemnified Person for any and all reasonable, documented, out-of-pocket legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. PACE Administrator’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by any CVAG Indemnified Person.

CVAG shall defend, indemnify and hold PACE Administrator, its officials, officers, employees, volunteers and agents (each, a “PACE Administrator Indemnified Person”) free and harmless from any and all claims, demands, causes of action, reasonable, documented, out-of-pocket costs and expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any reckless acts or omissions or willful misconduct of CVAG, its officials, officers, employees, agents, consultants, contractors and subcontractors, arising out of or in connection with the performance of the Program Administration Services, the Authority's PACE Program or this Agreement, including without limitation the payment of all consequential damages and reasonable, documented, out-of-pocket attorneys’ fees and other related costs and expenses. CVAG shall defend, at CVAG’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against any PACE Administrator Indemnified Person in accordance with this Section 4.7. CVAG shall pay and satisfy any judgment, award or decree that may be rendered against any PACE Administrator Indemnified Person in any such suit, action or other legal proceeding. CVAG shall reimburse each PACE Administrator Indemnified Person for any reasonable, documented, out-of-pocket legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CVAG’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by any PACE Administrator Indemnified Person.

In the event that any CVAG Indemnified Person or PACE Administrator Indemnified Person (collectively “Indemnified Persons”) shall receive any claim or demand or be subject to any suit or proceeding of which a claim may be made against the other under this Section 4.7, the Indemnified Person shall give prompt written notice thereof to the indemnifying Party (each, an “Indemnitor”); provided that the failure to give such notice in a timely manner shall not impact the availability of indemnification except to the extent that it materially and adversely impacts the

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defense of the claim or demand. Upon receipt of such notice, the Indemnitor shall have thirty (30) days to object to the demand to defend and/or indemnify the Indemnified Person set forth in such notice by delivery of a written objection to the Indemnified Person specifying in reasonable detail the basis for such objection. Failure to timely deliver an objection shall constitute Indemnitor’s final and binding acceptance of its obligation to defend such claim and its indemnification obligations in respect of such claim or demand once finally resolved.

If the Indemnitor timely delivers an objection to its obligation to defend pursuant to this Section 4.7, the Parties shall in good faith seek to resolve any dispute within the 30-day period following delivery of such objection or such shorter period of time required to prevent a material adverse impact to the defense of the claim or demand. If the Parties have not resolved their dispute within such period or such shorter period of time required to prevent a material adverse impact to the defense of the claim or demand, the Indemnified Party may assume control of the defense as provided below and any dispute over the Indemnitor’s ultimate liability for indemnity and defense obligations under this Section 4.7 for such claim or demand shall be resolved by arbitration in accordance with the dispute resolution procedures set forth in Section 4.4.8.

With respect to third party claims, the Indemnitor shall have the right, at its option and expense, to be represented by counsel of its choice (with the consent of the Indemnified Party, not to be unreasonably withheld) and to participate in, or control all aspects of, the defense, negotiation and/or settlement of any such claim; provided, that the Indemnified Person may control all aspects of any such claim with counsel of its choice, at the expense of the Indemnitor (for the avoidance of doubt, subject to recovery of any amounts determined by arbitration to have been properly and timely objected to by the Indemnitor in accordance with this Section 4.7) , only if (i) the Indemnitor disputes its obligation to defend under 4.7, (ii) the Indemnitor does not pursue with reasonable diligence such defense, negotiation or settlement, or (iii) such claim involves the potential imposition of criminal liability upon such Indemnified Person. The Indemnitor and the Indemnified Person shall cooperate fully with each other in connection with the defense, negotiation or settlement of any claim described in this Section 4.7, including keeping each other fully informed regarding material developments relating to the claim. The Indemnitor shall have the right to settle any claim and the Indemnified Person shall have a right to notice of any such settlement, provided that the Indemnitor shall not execute or otherwise agree to any settlement agreement that (1) provides for other than monetary payment by the Indemnitor (including, for the avoidance of doubt, any admission of guilt or wrongdoing by any applicable Indemnified Party) without the Indemnified Person’s prior written consent, which consent shall not be unreasonably withheld, or (2) does not include as an unconditional term thereof the giving of a release from all liability with respect to such claim by each claimant or plaintiff to each Indemnified Person that is or may be subject to the claim. Notwithstanding the foregoing, the Indemnified Person shall have the right to pay or settle any claim; provided that in such event it shall waive any right to indemnity therefor from the Indemnitor unless the Indemnitor has not pursued with reasonable diligence the defense, negotiation or settlement of such claim. If the Indemnitor elects not to defend such claim or is prohibited from doing so, and the Indemnified Person defends such claim directly, the Indemnified Person shall provide fifteen (15) days advance written notice of any proposed settlement of such claim to the Indemnitor and shall act in connection therewith reasonably and in accordance with the Indemnified Person’s good faith business judgment.

No third party shall be a direct beneficiary of this Section 4.7.

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4.8 Application of this Agreement. This Agreement shall apply solely to the provision of Program Administration Services within those cities within CVAG that have elected to participate in the Authority's PACE Program.

4.9 Conflict with the Authority's PACE Program Report. If any provision of this Agreement shall conflict with the provisions of the Authority's PACE Program Report, the provisions of the Authority's PACE Program Report shall prevail.

4.10 No Amendment to the Authority Program Administration Agreement. Except as expressly provided for herein, all terms of the Authority Program Administration Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement as of the date first written above.

COACHELLA VALLEY COUNTERPOINTE ENERGY ASSOCIATION OF GOVERNMENTS SOLUTIONS (CA) LLC By:___ __ By:____________________________ Name: Name: David S. Schaefer Title: CVAG current chair Title: Chief Operating Officer

APPROVED AS TO FORM: By:_____________________________________ Toni Eggebraaten CVAG General Counsel

B - 18 20323.00017\9431252.5

EXHIBIT “A”

CVAG SCHEDULE OF RESPONSIBILITIES

CVAG will be responsible for coordination with PACE Administrator and the CVAG member agencies to implement the Authority's PACE Program in the CVAG Jurisdictions. Consequently, CVAG shall timely take the following actions:

a. Assist CVAG member agencies with the process of adoption of resolutions and/or other actions necessary to participate in the Authority's PACE Program.

b. Adopt resolutions and approve documents authorizing the Authority's PACE Program;

c. Audit, at CVAG's discretion, of funded projects for which property owners have used Authority financing within the CVAG Jurisdictions. The audit may include verification that the projects are eligible and are within pricing guidelines. PACE Administrator will provide an Eligible Products list that is specific to Authority's PACE Program and CVAG will provide the pricing guidelines that set a maximum consumer cost for projects funded through all PACE programs in CVAG territory. On a monthly basis, as requested by CVAG, PACE Administrator will provide CVAG with a list of completed projects that have used Authority financing. The information will include the product details and the associated costs for each project. CVAG shall have the option of auditing any one or all of the projects to verify the projects are eligible and costs are within the agreed upon range. From the date that PACE Administrator provides the relevant documentation, CVAG shall have two (2) weeks to complete the audit. The CVAG fee will be paid only on projects that receive funding. If there is a question on a project, CVAG will flag the project and contact PACE Administrator for an explanation. If there is no satisfactory explanation, PACE Administrator shall warn the respective contractor, place them on probation, or remove them from the program, depending on their previous performance and demonstration of a commitment to prevent similar issues from occurring in the future. CVAG may terminate participation in the Authority's PACE Program if, at any point, it determines that an audit has produced significant unsatisfactory results without proper response from PACE Administrator. CVAG's exercise of its right to audit, or to not audit, a project, as it may determine in its sole discretion, shall not relieve PACE Administrator of its obligation to indemnify and defend CVAG from and against an act or omission by PACE Administrator pursuant to Section 4.7 above, whether or not an audit by CVAG would have put CVAG on notice of a potential claim.

d. The CVAG Representative may, from time to time, recommend to the PACE

Administrator Representative revisions to the program criteria and the CVAG Representative and the PACE Administrator Representative shall meet and consult, either in person or by conference call, regarding such recommendations. CVAG acknowledges that revisions to the program criteria are subject to the approval of Authority as required pursuant to Chapter 29.

e. Coordinate with PACE Administrator on program marketing and outreach, to ensure that such marketing and outreach is compatible with existing PACE programs offered in

B - 19 20323.00017\9431252.5

the CVAG region and property owners in the CVAG region are aware of the options for all PACE programs.

f. Provide PACE Administrator with a “local presence” at the CVAG offices. This can be accomplished with PACE Administrator employees or representatives or by training CVAG staff (this will satisfy the local presence requirement in section 2.5 of this Agreement).

ITEM 6E

Staff Report Subject: Contract Amendment for Used Oil Recycling Program with HF&H

Consultants Contact: Katie Barrows, Director of Environmental Resources ([email protected])

Recommendation: Approve Amendment No. 1 to the Professional Services Contract with HF&H Consultants, LLC for the Used Oil Recycling Program to add the City of Palm Desert, increase the contract amount to $59,000, and extend the contract to September 30, 2018. Technical Advisory Committee: CONCURS (Meeting of Sept. 11th) Energy & Environmental Resources Committee: (Sept. 14th meeting cancelled.) Background: CVAG in partnership with our member agencies continues with our successful Used Oil Recycling Program including used oil filter recycling events throughout the Coachella Valley. The Used Oil Recycling program has been successfully implemented through the use of consultants to provide program coordination and staff services. HF&H has been under contract to CVAG since 2006. Because it had been five years since the last RFP was released, a new RFP was released in July 2016. The RFP was circulated to all participating jurisdictions, placed on the CVAG website, and sent to a list of consultants who provide these services. One proposal was received, from HF&H consultants. In 2016 the Executive Committee approved a one-year extension. The current contract with HF&H is for one year in an amount not to exceed $45,000 and expires on September 30, 2017. HF&H has a very capable team which has made our Used Oil Recycling Program a success; they continue to look for new outreach opportunities and creative options for the program. In spring 2017, the City of Palm Desert contacted CVAG and HF&H staff about joining the regional Used Oil Recycling program. Palm Desert has operated their own used oil recycling program using funds received from CalRecycle and has not participated in the CVAG program in the past. Palm Desert executed an Authorization letter to CalRecycle authorizing CVAG to include them in our 2017/2018 regional application for funding. If the annual CalRecycle grant is approved, CVAG will receive $14,100, Palm Desert’s share of used oil funds. The City requested that two events be offered in their city and HF&H provided a quote for $13,000 to be covered by the CVAG contract with HF&H. The amendment also includes a cost-of-living increase in hourly rate from $119/hour to $122/hour, for a total of not to exceed $1,000, bringing the total increase to $14,000. A draft contract amendment was presented to the Technical Advisory Committee as the final contract amount had not been finalized. The contract will be through September 30, 2018, conditional on receipt of funding from CalRecycle. The proposed budget is attached.

Fiscal Analysis: The Used Oil Recycling Program including the HF&H contract is funded by a grant to CVAG from CalRecycle. The proposed contract is fully funded by the CalRecycle grant. Palm Desert will provide additional funding to cover the cost of radio advertising, promotional items, and printing; HF&H will bill Palm Desert directly for these costs. Attachments:

1. Amendment #1 to HF&H Services Contract, including program budget


AMENDMENT #1

To AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND HF&H CONSULTANTS, LLC

The Agreement for Professional Services (the “Contract”) dated September 26, 2016 by and

between the Coachella Valley Association of Governments (“CVAG”) and HF&H Consultants,

LLC (“Consultant”), is amended, effective September 25, 2017, as follows:

1) The term of the Contract end date will be extended from September 30, 2017 to September

30, 2018.

a. On page 2 of said Contract under section 4, “Term and Termination” reads as follows:

This Agreement shall be effective September 26, 2016 and shall terminate on

September 30, 2017.

This amendment #1 will extend the contract and will read as follows:

This Agreement shall be effective September 25, 2017 and shall terminate on

September 30, 2018.

2) The Contract not to exceed amount is increased by $14,000 to bring the total contract

amount to $59,000 for labor and materials for one year, including an additional $13,000 to

cover the cost of including the City of Palm Desert in the Used Oil Recycling Program.

a. On page 1 of said Contract under section 2, “Compensation” reads as follows:

The total amount for this contract is not to exceed $45,000 for one year.

This amendment #1 will increase the contract amount and will read as follows:

The total amount for this contract is not to exceed $59,000 for one year.

3) All other terms and conditions shall remain the same as stated in the original Contract.

___________________________ ____________________________

Laith Ezzet Marion Ashley

HF&H Consultants, LLC Chair, Executive Committee Coachella Valley Association of

Governments

CVAG Used Oil Filter Recycling Program

Row Item

CVAG Budget

Excluding Palm

Desert (1)

Palm Desert

Budget (2)

Total CVAG

Budget

1 Cycles 7 and 8 OPP Funds Available (3) 106,500 14,100 120,600

2 Oil Recycling Containers 5,500 600 6,100

3 Funnels and Shop Rags 1,400 - 1,400

4 Ziploc Bags 1,000 - 1,000

5 Event Flyers and Posters 1,400 500 1,900

6 Drawing Contest 800 - 800

7 Radio Event Advertising 8,000 - 8,000

8 Additional Advertising 500 - 500

9 New Oil Filters 6,950 - 6,950

10 Filter Collection at Kragen 550 - 550

11 HF&H (4) 46,000 13,000 59,000

12 Administrative Expenses 50 - 50

13 CVAG Staff 4,700 - 4,700

14 Proposed Expenditures 76,850 14,100 90,950

15 Contingency 5,000 - 5,000

16 Total Proposed Expenditures and Contingency for FY 2017/18 81,850 14,100 95,950

17 Estimated Remaining Funds Available at 6/30/18 24,650 - 24,650

18 Estimated OPP Cycle 9 (3) 74,418 14,100 88,518

19 Total Estimated Funds Available for FY 2018/19 99,068 14,100 113,168

Fiscal Year 2017/18 Proposed Expenditures

(1) Includes cities of Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, La Quinta, Rancho Mirage, and Palm

Springs.

(2) Palm Desert joined CVAG regional used oil program in Cycle 8 OPP and requests two filter exchange events per year. Palm

Desert's OPP portion will cover up to $14,100 for their two events. The remainder of the Palm Desert event costs will be funded

by the City's Recycling Fund.

(3) Cycle 8 and Cycle 9 OPP are estimated to be the same amount as Cycle 7 OPP.

(4) Contract year October 1, 2017 to September 30, 2018. Cost of HF&H staffing for Palm Desert includes two events in Palm

Desert (November 2017 and March 2018).

ITEM 6F

Staff Report Subject: Funding for the Riverside Transportation Analysis Model (RIVTAM) Update Contact: Martin Magaña, Director of Transportation ([email protected]) Recommendation: Authorize the CVAG Executive Director to fund a portion of the Riverside Transportation Analysis Model (RIVTAM) Update at a cost not to exceed $25,000 over a two-year period. Transportation Technical Advisory Sub-Committee: CONCURS (Meeting of June 26th) Transportation Committee: CONCURS (Meeting of August 28th) Technical Advisory Committee: CONCURS (Meeting of September 11th) Background: The Western Riverside Council of Governments (WRCOG) has expressed an interest in updating Riverside Transportation Analysis Model (RIVTAM), which hasn’t had a major update since May 2009. At that time, the model used data from the Southern California Association of Government (SCAG) Regional Transportation Model (RTM) used existing Data from 2008 and forecast data based on 2035. The primary goal of developing the RIVTAM was to provide a greater level of detail in Riverside County, while maintaining consistency with the SCAG RTM. WRCOG recently facilitated meetings on the update with the following agencies:

• Coachella Valley Council of Governments (CVAG)

• Riverside County Transportation and Land Management Agency (TLMA)

• Riverside County Transportation Commission (RCTC)

• Southern California Association of Governments (SCAG)

• California Department of Transportation (Caltrans) As part of this effort, WRCOG last year conducted a Needs Assessment Survey across Riverside County – including the Coachella Valley and City of Blythe – and determined that an update is needed. These reasons include the fact that the current model is inconsistent with SCAG’s regional travel model and the Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS); Riverside County’s transportation roads and housing, employment and population have changed dramatically since 2008; increased need for transparency and source file sharing for all users; and a need to reflect emerging transportation trends (increase in multi-modal planning and demand, ride-sharing (Lyft and Uber), emergence of the automated vehicles). A significant challenge facing all levels of government is the need to develop long-term forecasts of future travel behavior. These forecasts are used in a wide range of studies (General

Plans, Specific Plans, corridor studies, interchange studies, Environmental Impact Reports (EIR’s) and Environmental Assessments (EA’s). Since the beginning of the Great Recession, many assumptions incorporated into the model may be considered aggressive related to land use assumptions. In addition, transportation infrastructure in Riverside County continues to be developed. CVAG and RCTC continue to build regional transportation projects that expand the transportation system. Both CVAG and WRCOG continue implementation of their respective Transportation Uniform Mitigation Fee (TUMF) Programs and some cities collect local Development Impact Fees (DIF). It is critical to ensure transportation projects are designed and constructed based on the best forecasts available. WRCOG is willing to fund a majority of the cost to update RIVTAM. Once the remaining funding is in place, WRCOG will develop a work plan and a Memorandum of Understanding, which will come back for CVAG’s approval at a later date. WRCOG will be the lead on this effort and anticipates releasing a Request for Proposals later this year to hire a consultant to conduct the update. CVAG will work closely with the CVAG Transportation Technical Advisory Sub-Committee (TTAS) and WRCOG and update the committees as the project moves forward. The project is anticipated to take approximately 18 months to complete. The TTAS members discussed the idea of joining the RIVTAM effort during their June 26, 2017 meeting and concurred that the Coachella Valley should participate in the RIVTAM Update and that CVAG cover the remaining costs. Fiscal Impact: WRCOG anticipates that the update will cost approximately $750,000 and is willing to pay $500,000 over the next two years. RCTC is willing to participate and commit $200,000 over two years; TLMA has committed $25,000 total. CVAG was part of the 2009 RIVTAM update but did not contribute financially. Based on the request from WRCOG, CVAG staff is recommending that CVAG participate and fund the remaining $25,000 needed for this update over a two-year period starting this fiscal year and next. WRCOG intends to submit an invoice to CVAG after approval of this funding. CVAG can cover the costs with existing Measure A funds.

ITEM 6G

Staff Report Subject: Right-of-Way Services Agreement with County of Riverside Economic

Development Agency for the CV Link project Contact: Martin Magaña, Director of Transportation ([email protected]) Recommendation: Approve an agreement for right of way services with the County of Riverside Economic Development Agency (EDA) for the CV Link project at a cost of $157.69 per hour and authorize the CVAG Executive Director and/or Legal Counsel to make minor changes/revisions for clarification purposes. Transportation Committee: CONCURS (Meeting of August 28th) Technical Advisory Committee: CONCURS (Meeting of September 11th) Background: CV Link is a 40±-mile multi-model transportation pathway providing access and connectivity for pedestrians, bicyclists, and low-speed electrical vehicles through portions of the Coachella Valley, extending between the City of Palm Springs and the City of Coachella along the levees of the Whitewater River Channel/Coachella Valley Storm Water Channel, Tahquitz Creek, and on city streets. The project is in the Project Approval and Environmental Document phase. The Final Environmental Impact Report (EIR) to meet California Environmental Quality Act (CEQA) requirements was certified by the CVAG Executive Committee on May 15, 2017. The approved project does not extend through the cities of Rancho Mirage and Indian Wells. The draft Environmental Assessment, which is needed to meet National Environmental Policy Act (NEPA) requirements, is scheduled to be available for public review later this year. CVAG continues to work closely with Caltrans on this document to get it finalized. The NEPA EA process is

anticipated to be completed by February 2018. Much of the right of way to be acquired will have no environmentally sensitive resources (archaeological or biological) associated with it, with work to acquire right of way of any environmentally sensitive resources occurring after the NEPA process is completed. With the EIR certification, the next step is acquiring the right of way for the project to start construction. CVAG has reached out to County EDA to provide acquisition services to obtain the necessary right of way for the CV Link project. Most of the right of way is associated with property that is either owned or controlled by flood control easements by the Coachella Valley Water District (CVWD) or Riverside County Flood Control District & Water Conservation District (RCFC&WCD). Not all the required right of way may be acquired in the conventional manner, such as easements and in-fee. Rather, much of the right of way will most likely involve license agreements or some other form of agreement between CVAG and the flood control agencies.

The EDA has extensive experience in acquiring right of way for the County and other jurisdictions. They have a strong relationship with Caltrans, which is the lead agency for CV Link’s NEPA work, and they fully understand the activities involved. In addition, the EDA will provide other professional services including appraisals, escrows, titles, deeds, recording documents, fees, negotiations and any other services required to fully comply with established policies and procedures for right of way activities. CVAG has a long history of working closely with the County on many projects in the valley and looks forward to working with the County on this next phase of CV Link. Construction on the Cathedral City segment will be complete this fall and, with the Executive Committee’s approval, the right of way activities for CV Link will begin later this month. Fiscal Impact: The hourly rate of $157.69 per hour includes all overhead of County EDA staff working on right of way activities. CVAG sees this contract as an efficient way to move forward since the County has the experience and staff resources available. CVAG will closely monitor expenses so as not to exceed funds available for this portion of the project. The existing contracts for CV Link environmental and engineering services are being paid for by an Active Transportation Program (ATP) grant. CVAG will fund real property costs associated with the project as outlined in the agreement through ATP funding that was secured specifically for this project phase. Attachments: Agreement for Right of Way Services

ITEM 7A

Staff Report Subject: Legal Services Agreement with Jenkins & Hogin, LLP Contact: Gary Leong, Deputy Executive Director ([email protected]) Recommendation: Approve Legal Services Agreement with the firm of Jenkins & Hogin, LLP. Technical Advisory Committee: CONCURS (Meeting of September 11th) Background: Toni Eggebraaten, who has been the CVAG general counsel since June 30, 1997, informed CVAG earlier this year that she did not want to renew her legal services agreement beyond the 2016/17 fiscal year. But due to the short notice given, Ms. Eggebraaten agreed to a three-month extension in order for CVAG to go out and recruit for a legal counsel. The extension was approved by the Executive Committee at the June 26, 2017 meeting. During the summer, staff issued a Request for Proposals which garnered interest from four legal firms:

1) Best, Best and Krieger, LLP; 2) Burke, Williams & Sorensen, LLP; 3) Jenkins & Hogin, LLP; and, 4) Slovak Baron Empey Murphy & Pinkney LLP

Interviews of the four firms were conducted on August 31, 2017, and the Chairpersons of the various CVAG Committees as well as the Coachella Valley Conservation Commission Chair were invited to be part of the evaluation panel. Palm Desert Mayor Pro Tem Sabby Jonathan, who is Chair of the Homelessness Committee, Mayor Linda Evans, who is the Chair of the Energy and Environmental Resources Committee, and Coachella Councilwoman Betty Sanchez, who is Chair of the Public Safety Committee, were unavailable to attend the interview process. As such, the interview panel consisted of:

1) Riverside County Supervisor Marion Ashley, Executive Committee Chair; 2) Indio Mayor Pro Tem Michael Wilson, CVCC Chair; 3) La Quinta Mayor Pro Tem Robert Radi, Transportation Committee Chair; 4) Indian Wells City Manager Wade McKinney, CVAG Technical Advisory Committee

Chair; and 5) Tom Kirk, CVAG Executive Director.


The panel was asked to weigh the proposals based on the following criteria: relevant qualifications and experience; understanding of CVAG and approach; presentation during the interview and response to questions. Upon conclusion of the interviews, the panel selected the firm of Jenkins & Hogin LLP as the legal counsel of CVAG and CVCC, with Mr. Michael Jenkins as the principal attorney. Jenkins & Hogin LLP is a South Bay-based law firm formed in 2001 which specializes in the practice of municipal law. The firm currently serves as city attorney or general counsel for several cities and other public agencies throughout California. The firm has no conflicts of interest in the valley. Mr. Jenkins was named among California’s Top 25 Municipal Lawyers in a special insert of the Daily Journal, the largest newspaper serving the legal profession and covering the California courts. Mr. Jenkins currently serves as city attorney for the cities of Hermosa Beach, Rolling Hills and West Hollywood. He also serves as general counsel for several entities, including the South Bay Cities Council of Governments. Prior to establishing the firm with Christi Hogin, Mr. Jenkins was a senior shareholder at Richards, Watson & Gershon, where he specialized in the practice of municipal law since joining the firm in 1978. For the past sixteen years, Mr. Jenkins has also taught local government law at the University of Southern California Law Center Fiscal Analysis: The hourly rates proposed were $295 for Michael Jenkins and $275 for Christi Hogin and were consistent with other proposals that CVAG received. An estimated amount has been budgeted into the FY 2017/18 Budget. However, CVAG Executive Director did manage to negotiate the hourly rates down to $275 for both Michael Jenkins and Christi Hogin, and $225 for all other lawyers of the firm and reduced the charge by 50% for travel to CVAG meetings.

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AGREEMENT FOR GENERAL COUNSEL LEGAL SERVICES FOR THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS

This Agreement for General Counsel Legal Services (“Agreement”) is made and entered into by

and between the law firm of Jenkins & Hogin, LLP (hereinafter "the Firm") and the Coachella Valley Association of Governments (hereinafter "CVAG") as of September 25, 2017.

R E C I T A L S:

A. CVAG desires to retain the Firm to discharge the duties of General Counsel and to provide

legal services to CVAG related thereto. B. The attorneys of the Firm are duly licensed under the laws of the State of California and are

fully qualified to provide the services contemplated by this Agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. Scope of Services and Designation of General Counsel.

The Firm shall discharge the duties of the office of General Counsel of CVAG and shall use its best efforts to provide legal services in a competent and professional manner. The Firm shall provide all services to CVAG of the kind and nature typically provided by an in-house General Counsel office, including litigation services, unless specifically exempted by this Agreement or otherwise determined by the Executive Committee. Representative of the legal services to be provided by the Firm are those services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Michael Jenkins is designated as General Counsel for CVAG. The parties understand and agree that the Firm may, from time to time, utilize other attorneys within the Firm to assist Mr. Jenkins in the performance of this Agreement. The person serving as General Counsel may from time-to-time be changed upon approval of the Executive Committee without the necessity of amending this Agreement.

2. Fees, Billing Procedures and Monthly Statements.

2.1 CVAG will pay the Firm on an hourly basis for its services at the rates set forth in Exhibit A. Time will be charged by the Firm in increments of 1/10th of an hour (i.e. six-minute units).

2.2 Payment for all services shall be made on or before the last day of each month for

services rendered during the preceding month. The Firm shall submit to CVAG, within 10 days after the end of each calendar month, a general statement of professional services provided.

2.3 The Firm will not bill CVAG for routine copying, telephone, mileage, facsimile or word

processing or electronic research within the Firm’s current Westlaw Plan, which shall include California statutes and case and Ninth Circuit cases. The Firm will bill CVAG, without any mark-up, actual expenses for out-of-contract electronic legal research, parking, filing fees, transcripts, delivery charges, extraordinary copying and similar out-of-pocket expenses. These items will be separately designated on the Firm's monthly statements as "disbursements" and will be billed in addition to the fees for professional services.

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3. Term of the Agreement.

This Agreement shall commence as of September 25, 2017 and shall be and remain in full

force and effect until terminated in accordance with the provisions of Section 5 hereof.

4. Resolution of Fee Disputes.

CVAG is entitled to require that any fee dispute be resolved by binding arbitration in Riverside pursuant to the arbitration rules of the Riverside County Bar Association for legal fee disputes. In the event that CVAG chooses not to utilize the Riverside County Bar Association's arbitration procedures, CVAG agrees that all disputes regarding the professional services rendered or fees charged by the Firm shall be submitted to binding arbitration in Riverside to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

5. Termination of the Agreement.

CVAG may terminate this Agreement, with or without cause, upon written notice to the Firm. The Firm may terminate, with or without cause, on ninety (90) days written notice to CVAG. In either event, CVAG agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record. The Firm agrees to cooperate fully in any such transition, including the transfer of files. Notwithstanding the termination of the Firm’s services, CVAG will remain obligated to pay to the Firm all fees and costs incurred prior to termination.

6. Conflict of Interest.

The Firm represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any legal representation that is in conflict with the legal services to be provided to CVAG under this Agreement.

The Firm represents that no CVAG employee or official has a material financial interest in the Firm. During the term of this Agreement and/or as a result of being awarded this contract, the Firm shall not offer, encourage or accept any financial interest in the Firm’s business from any CVAG employee or official.

7. Files.

All legal files of the Firm pertaining to CVAG shall be and remain the property of CVAG. The Firm shall control the physical location of such legal files in a secure and accessible location during the term of this Agreement and be entitled to retain copies of such files, at the Firm’s expense, upon termination of this Agreement.

8. Modifications to the Agreement.

Unless otherwise provided for in this Agreement, modifications relating to the nature, extent or duration of the Firm's professional services to be rendered hereunder shall require the written approval of the parties. Any such written approval shall be deemed to be a supplement to this Agreement and shall specify any changes in the Scope of Services and the agreed-upon billing rate to be charged by the Firm and paid by CVAG.

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9. Nondiscrimination.

In the performance of this Agreement, the Firm shall not discriminate against any employee

or applicant for employment because of race, religion, color, sex, national origin, sexual orientation or medical condition. The Firm shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training.

10. Assignment and Delegation.

This Agreement contemplates the personal professional services of the Firm and it shall not be assigned or delegated without the prior written consent of CVAG. The Firm shall supervise delegated work, except where precluded from doing so by virtue of a conflict of interest and where otherwise agreed to by the parties hereto.

11. Insurance.

11.1 The Firm shall obtain and maintain in full force and effect a professional liability insurance policy which provides coverage in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate. Said insurance policy shall provide coverage to CVAG for any damages or losses suffered by CVAG as a result of any error or omission or neglect by the Firm which arises out of the professional services required by this Agreement. Such insurance may be subject to a self-insured retention or deductible to be borne entirely by the Firm.

11.2 The Firm shall, if and as prescribed by law, obtain and maintain Workers'

Compensation insurance in accordance with Section 3700 of the California Labor Code.

11.3 The Firm shall upon request file with CVAG evidence of insurance as required

above from an insurer or insurers certifying to the required coverage. The Firm agrees to notify CVAG in the event the limits of its insurance should fall below the coverage stated in this paragraph or if the insurance policies noted here are allowed to lapse and substitute insurance is not obtained.

12. Indemnification.

12.1 The Firm agrees to indemnify, hold harmless and defend CVAG and CVAG’s

Board, its officers, employees, agents and volunteers, from any and all liability or financial loss including legal expenses and costs of expert witnesses and consultants resulting from any suits, claims, losses or actions brought by any person or persons, by reasons of injury and arising directly or indirectly from the negligent or wrongful activities and operations of the Firm, including its officers, agents, employees, or subcontractors in the performance of this Agreement.

12.2 Notwithstanding the provisions of paragraph 12.1, CVAG acknowledges its

statutory obligation under California Government Code section 825 et seq. to defend and indemnify the Firm’s attorneys from and against all and any claims, actions and liabilities arising from work performed within the scope of their duties under this Agreement.

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12.3 The provisions of this Paragraph 12 shall survive the termination of this Agreement.

13. Legal construction.

13.1 This Agreement is made and entered into in the State of California and shall in all

respects be interpreted, enforced and governed under the laws of the State of California.

13.2 This Agreement shall be construed without regard to the identity of the persons who

drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.

13.3 The article and section, captions and headings herein have been inserted for

convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.

13.4 Whenever in this Agreement the context may so require, the masculine gender shall

be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

14. Notices.

Any notice required to be given hereunder shall be deemed to have been given by depositing

said notice in the United States mail, postage prepaid, and addressed as follows:

TO CVAG: Tom Kirk, Executive Director Coachella Valley Association of Governments 73-710 Fred Waring Drive Ste 200 Palm Desert, California 92260

TO FIRM: Michael Jenkins Jenkins & Hogin, LLP 1230 Rosecrans Avenue Suite 110 Manhattan Beach, CA 90266

15. Warranty of Authorized Signatures.

Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign.

16. Independent Contractor Relationship. This Agreement creates an attorney-client relationship only. It is not intended to, and does not, create between the parties any other relationship including, but not limited to, employer-employee, partnership, joint venture, or other association. All personnel employed or retained by the Firm are employed and retained solely by the Firm and not CVAG.

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17. Entire Agreement.

This Agreement, together with any written modification pursuant to Paragraph 8 above, shall

constitute the full and complete agreement and understanding of the parties and shall be deemed to supersede all other written or oral statements of either party relating to the subject matter hereof.

IN WITNESS WHEREOF, the duly authorized representatives of the parties have caused this Agreement to be executed as of the dates indicated below.

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By_____________________________ MARION ASHLEY

Supervisor, County of Riverside Chair, Executive Committee

JENKINS & HOGIN, LLP A Limited Liability Partnership By_____________________________

MICHAEL JENKINS

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EXHIBIT A

The general legal services to be provided by the Firm to CVAG shall include, without limitation, the following:

1. Provide routine legal assistance, advice and consultation to the Executive Director and his

staff and to the Executive Committee relating to all matters within CVAG’s jurisdiction, including land use, transportation, CEQA, general municipal law issues, general and routine public employee relations issues, interpretation of ordinances and policies, potential liability and risk management.

2. Prepare and review legal opinions, resolutions, agreements and related documents.

3. Prepare for and attend regular, special or adjourned meetings of the Executive Committee

as requested.

4. Telephone/email consultations with Executive Committee members and staff.

5. Coordination with and supervision of outside counsel.

The services performed under this Agreement shall be provided at the hourly rate of $275 per

hour for Michael Jenkins and Christi Hogin and $225 per hour for all other lawyers of the Firm. Travel to and from the Firm’s offices in Manhattan Beach to CVAG meetings in the Palm Desert vicinity shall be billed in one direction only (i.e. at half the time of the roundtrip travel).

ITEM 7B

Staff Report Subject: Desert Healthcare District Matching Funds from West Valley Homeless

Initiative Contact: Cheryll Dahlin, Management Analyst ([email protected]) Recommendation: Approve Executive Committee Chair to sign MOU with Desert Healthcare District for matching funds to CVAG for West Valley Housing Navigation Program Addressing Homelessness. Technical Advisory Committee: CONCURS (Meeting of September 11th) Homelessness Committee: CONCURS (Meeting of September 20th) Background: At the May 23, 2017 Desert Healthcare District (DHCD) Board of Directors meeting, the directors discussed priorities in their leadership role of the organization’s West Valley Homelessness Initiative. The DHCD Board’s intent is to lead innovative collaborations that will bring together elected leaders, business leaders, community leaders, and residents from across the Coachella Valley to effectively reduce the impact of homelessness in the West Valley in the short term and the entire Coachella Valley in the long term. DHCD’s voted on June 27, 2017 to commit to helping raise matching funds to support this effort and will match up to $2 million in contributions through the development of a collective fund for the Homelessness Initiative. This initiative is in response to the increase number of homeless individuals in the Coachella Valley and the transition of Roy’s Desert Resource Center, an emergency homeless shelter in North Palm Springs. This prompted dialogue amongst the DHCD board an action that can result in a collective impact model for change. By establishing a collective fund, the Desert Healthcare District and Foundation leadership efforts continue a collaborative basis with partners such as the City of Palm Springs, CVAG (Coachella Valley Association of Governments), and other communities, leaders and residents. The DHCD Board joined the CVAG Homelessness Committee in June 2017 recognizing the collaboration and work done at CVAG. The DHCD board aligned a portion of their collective fund to the West Valley Housing Navigation Program (WVHNP) to include a $103,000 DHCD contribution and a dollar for dollar match to each City/Tribe’s contribution of $103,000 to the program. To date, CVAG has received full commitments from the Cities of Cathedral City, Coachella, Palm Springs, and Palm Desert. The City of Rancho Mirage contributed $30,000


directly to Path of Life Ministries (POLM) for the West Valley Housing Navigation Program and $78,000 to Coachella Valley Rescue Mission (CVRM), which does not qualify for the match. The City of Indian Wells contributed $103,000 to Coachella Valley Rescue Mission, which also does not qualify for the match. Attached is the Desert Healthcare District/Foundation MOU. Fiscal Impact: The funds from Desert Healthcare District/Foundation equate to $515,000. Below is a breakdown of the funds CVAG will receive:

Desert Healthcare District/Foundation $103,000 City of Palm Springs Match $103,000 City of Cathedral City Match $103,000 City of Palm Desert Match $103,000 City of Coachella Match $103,000 TOTAL $515,000

There is no fiscal impact as staff time is charged to the General Fund under the duties of the Homelessness program. Contract Finalization: Minor changes/revisions may be made for clarification purposes by CVAG’s Executive Director and Legal Counsel prior to execution. Attachment: Desert Healthcare District/Foundation MOU

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MEMORANDUM OF UNDERSTANDING BETWEEN

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND

DESERT HEALTHCARE FOUNDATION

This Memorandum of Understanding (“MOU”) is made and entered into this ____ day of,

___________, 2017, by and between the Coachella Valley Association of Governments, a

California joint powers agency (“CVAG”) and the Desert Healthcare Foundation, a California

501(c) (3) public benefit corporation (“Foundation”) for the purpose of the Foundation

participating in the West Valley Housing Navigation Program (“West Valley Housing Navigation

Program”)

WHEREAS, in 2005, CVAG formed a Homeless Task Force in partnership with

Riverside County Supervisor Roy Wilson which resulted in the creation of Roy’s Desert

Resource Center; and

WHEREAS, the Homeless Task Force evolved into a standing Homelessness

Committee (“Homelessness Committee”) within the CVAG committee structure, which works

with Riverside County and CVAG member cities to combat homelessness through-out the

Coachella Valley; and

WHEREAS, the Foundation is a member of the Homelessness Committee; and

WHEREAS, the Homelessness Committee has sponsored programs over the last seven

years that have also received substantial financial support from Riverside County and

contributions by CVAG member cities and grants from the Desert Healthcare District; and

WHEREAS, The 2017 Riverside County Point-In-Time count reported a 31.75%

increase in the number of unsheltered individuals in the CVAG region from 2016; and

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WHEREAS, on June 26, 2017 the CVAG Executive Committee approved an agreement

with Path of Life Ministries (Path of Life) to provide West Valley Housing Navigation Program

services to the Coachella Valley which focuses on a “Housing First” philosophy; and

WHEREAS, the West Valley Housing Navigation Program provides prevention,

diversion, and rapid rehousing services in the Coachella Valley including the cities of Palm

Springs, Cathedral City, Rancho Mirage and other area cities; and

WHEREAS, in 2017 the Desert Healthcare District (“District”), as part of its three-year

strategic plan, challenged communities to partner in combating homelessness by providing

matching funding opportunities through a collective fund of the Foundation for the West Valley

Homelessness Initiative that matches dollar for dollar each CVAG member that contributes

$103,000 to the West Valley Housing Navigation Program

NOW THEREFORE, in consideration of the mutual promises and covenants

herein contained, the parties hereto agree as follows:

1. CVAG Responsibilities

CVAG will retain, manage and direct the contractor who will provide prevention, diversion,

and rapid rehousing services in the Coachella Valley within the District boundaries. CVAG will

provide periodic quarterly reports and budget progress reports with measurable outcomes to the

Homelessness Committee who will evaluate the program on an annual basis.

2. Foundation Contribution

The Foundation will provide $103,000 for fiscal year 2017/2018 for the West Valley

Housing Navigation Program and provide a dollar-for-dollar match for each CVAG member

agency that contributes the full $103,000 to the Program, excluding the County of Riverside.

The Foundation matching funds will be paid upon satisfactory verification of payment from the

CVAG member agency. Matching funds shall only be used for the purposes of combating

homelessness through prevention, diversion, and rapid rehousing program services within the

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District boundaries. The Foundation intends to contribute in future years, but such contributions

will be discretionary and conditioned on successful outcomes during the first fiscal year.

3. Deliverables

Attached as Exhibit “A” are the deliverables and timeline for the West Valley Housing

Navigation Program and deliverables for the District’s West Valley Homelessness Initiative.

4. Restrictions and Reporting

The funds received by CVAG from the Foundation are designated only for the operations

of the West Valley Housing Program and shall be conditioned on the administration of the program

being directed through CVAG staff and the Homelessness Committee. CVAG will provide the

Foundation with quarterly written reports and budget progress reports with measurable outcomes.

5. Cancellation

This MOU may be cancelled with or without cause by either party upon 45-days written

notice to the other party.

6. Effective Date

The effective date of this MOU shall be ____________, __, 2017.

7. Term

This MOU shall continue in effect for two years from the effective date or until terminated

by either party.

8. Modification

This MOU may not be modified except by written agreement executed by duly

authorized representatives of each party.

Desert Healthcare Foundation Coachella Valley Association of Governments

By: _______________________ By: ____________________________

Carole Rogers, President Marion Ashley, Chairman

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EXHIBIT A: Deliverables

The West Valley Homeless Initiative by Desert Healthcare District goals and outcomes include:

• Reduction in lengths of episodes of homelessness

• Reduction in returns to homelessness

• Reduction in number of people becoming homeless for the first time

• Shifting the chronic homeless from the streets and camps into housing and connect

with mental/behavioral health and social services

• Shifting the transitional homeless into permanent housing and connecting with social

services

The West Valley Housing Navigation Program contract with Path of Life has provided the deliverables

and timeline below that align with the goals and outcomes of the DHCD/F West Valley Homeless

Initiative:

Prevention and Diversion Services

Provide services at office locations by appointment and at appropriate public locations as necessary.

Quarter 1: 120 encounters Quarter 2: 120 encounters Quarter 3: 120 encounters Quarter 4: 120 encounters TOTAL: 480 encounters

Operate housing hotline to identify individuals in need, divert them from emergency shelter services, and connect them with the appropriate level of assistance.

Quarter 1: 240 referrals Quarter 2: 240 referrals Quarter 3: 240 referrals Quarter 4: 240 referrals TOTAL: 960 referrals

Provide outreach/homeless intervention to those on the street.

Quarter 1: 20 unique interventions Quarter 2: 20 unique interventions Quarter 3: 20 unique interventions Quarter 4: 20 unique interventions TOTAL: 80 unique interventions

Provide emergency rental assistance for those at risk of becoming homeless.

Quarter 1: 10 Diversions Via Rental Assistance Quarter 2: 10 Diversions Via Rental Assistance Quarter 3: 10 Diversions Via Rental Assistance Quarter 4: 10 Diversions Via Rental Assistance TOTAL: 40 Diversions Via Rental Assistance

Provide Rapid Rehousing to homeless individuals and families via CVAG Program.

Quarter 1: 6 unduplicated households Quarter 2: 3 unduplicated households (9 total) Quarter 3: 6 unduplicated households (9 total) Quarter 4: 3 unduplicated households (9 total)

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TOTAL: 18 unduplicated households

Provide Rapid Rehousing and Permanent Supportive housing to homeless individuals and families via Other leveraged programs.

Quarter 1: 30 unduplicated households Quarter 2: 6 unduplicated households ( 30 total) Quarter 3: 6 unduplicated households ( 30 total) Quarter 4: 6 unduplicated households ( 30 total) TOTAL: 48 unduplicated households

Provide case management to secure housing stability and appropriate linkages to community and mainstream resources. (CVAG and Other)

Quarter 1: 36 unduplicated households Quarter 2: 9 unduplicated households (36 total) Quarter 3: 12 unduplicated households (36 total) Quarter 4: 9 unduplicated households (36 total) TOTAL: 66 unduplicated households

Provide behavioral health support to those in housing. (CVAG and Other)

Quarter 1: 20 unduplicated households Quarter 2: 6 unduplicated households Quarter 3: 6 unduplicated households Quarter 4: 6 unduplicated households TOTAL: 38 unduplicated households

Provide employment support to those in housing. (CVAG and Other)

Quarter 1: 20 unduplicated households Quarter 2: 6 unduplicated households Quarter 3: 6 unduplicated households Quarter 4: 6 unduplicated households TOTAL: 38 unduplicated households

Crisis Stabilization Housing

Provide emergency housing to homeless individuals and families in scattered site housing units.

Quarter 1: 18 unique individuals Quarter 2: 24 unique individuals Quarter 3: 24 unique individuals Quarter 4: 24 unique individuals TOTAL: 90 unique individuals

Provide case management to connect individuals with appropriate resources and exit that emergency housing as quickly as possible into more stable non-emergency housing


Provide laundry tokens weekly, clothing as needed with a voucher, toiletries, and food support.


ITEM 7C

Staff Report Subject: Expansion of West Valley Housing Navigation Program to CV Housing First Contact: Cheryll Dahlin, Management Analyst ([email protected]) Recommendation: Approve Amendment #1 to expand Path of Life Ministries scope of work throughout the entire Coachella Valley with a not to exceed amount of $2.5 million, extending the contract to end June 30, 2019. Homelessness Committee: CONCURS (Meeting of September 20th) Background: On June 26, 2017, the Executive Committee voted to approve a contract with Path of Life Ministries (POLM) to provide services that address homelessness. At the time, the program was known as the West Valley Housing Navigation Program. In order to better reflect the expansion of services and intent of the program, CVAG staff will now refer to the program as CV Housing First. The approved contract was designed to be scalable, as contributions from jurisdictions were not yet fully known. As of September 15, 2017, Riverside County’s contribution is $359,711. In addition, CVAG has received $103,000 from four cites -- Cathedral City, Coachella, Palm Desert and Palm Springs – as well as a $103,000 contribution from the Desert Healthcare District. As referenced in Item 7B, the Desert Healthcare District also voted to match each $103,000 contribution from a city or tribe, adding an additional $412,000 to the fund. Based on the approvals to date, CVAG will receive $1,286,711 for FY 17/18. The cities of Indian Wells, Indio, La Quinta, and Rancho Mirage chose not to fully fund the CV Housing First program. The City of Desert Hot Springs and the Agua Caliente Band of Cahuilla Indians are still discussing their respective contributions. Knowing the scope of work could be amended and that there are other outstanding factors, such as delayed council meetings, POLM continues to ramp of the program to meet the demand. POLM is in the process hiring staff, securing crisis stabilization housing, and finalizing contracts for office locations in Palm Springs and Cathedral City. POLM has set up a local hotline for those in crisis to contact at (760) 601-5424. The third office location is yet to be determined, as CVAG awaits the City of Desert Hot Springs decision on the program. POLM has also leveraged their other placement programs to assist those in need in the West Valley.


The intent of the CV Housing First program is to be scalable up or down depending on the contributions received by CVAG. CVAG staff worked with Path of Life Ministries to explore the options of scaling up, due to the additional match from Desert Healthcare District. POLM has presented CVAG staff with options for the additional funding, which are outlined below. The objective of the CV Housing First program is to help homeless people within their own communities. CVAG has already received a request from the City of Palm Desert to provide additional services within the city boundaries. An extended and expanded contract enables the service provider to focus on scaling the program up and down, based on the needs of the community. It also enables CVAG staff to search for alternative funding sources throughout the year. The amended contract will be based on funds received by CVAG and can be terminated with written notice in 30 days. The program will be monitored by the Homelessness Committee. In addition, the CVAG Homelessness Committee reviewed this item at its September meeting and added a provision of an annual 12 month performance review. POLM will be required to provide monthly progress reports to the committee for review. This will allow the committee to evaluate the program annually. Fiscal Impact: The additional scope of work with a maximum reimbursable amount to $2.5 million through June 30, 2019. The original contract from the original approved amount of $864,737, could include providing:

- Additional rental assistance, meaning no less than fifty (50) assists each fiscal year; - Additional rapid rehousing assistance, to a maximum of 7 months; - Additional utility assistance, up to a maximum of 6 months each fiscal year; - At least one additional office location; - At least two additional crisis stabilization units; - Extending services through at least June 30, 2019.

CVAG has received $1,286,711. By approving this direction, the contractor and CVAG staff could seek funds from private and public grant programs. Additionally, CVAG could request funding from its member jurisdictions in FY 18/19 based on the willingness of the committees to continue the program. Attached is Amendment #1 that modifies the name, maximum reimbursable amount reporting, and updated payment terms. Contract Finalization: Minor changes/revisions may be made for clarification purposes by CVAG’s Executive Director and Legal Counsel prior to execution. Attachment: Amendment #1

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS SERVICES CONTRACT - AMENDMENT #1

with

PATH OF LIFE MINISTRIES

The Services Contract (the “Contract”) by and between the Coachella Valley Association of

Governments (CVAG) and Path of Life Ministries (Contractor) beginning July 1, 2017 through June

30, 2018, as previously amended, is further amended, effective September 25, 2017 through June

30, 2019, as follows:

1) The West Valley Housing Navigation Program will now be referred to “CV Housing First”;

and

2) Provide monthly reports to the Contract Administrator by the 10th day of each calendar

month, and participate in an annual 12 month program performance review; and

3) That the maximum reimbursable amount is $2.5 million which includes funding from the

County Department of Public Social Services (DPSS), the Desert Healthcare District and the

CVAG member jurisdictions; and

4) The Method, Time, and Schedule Conditions of Payment terms will change to:

a. Contractor shall submit invoices for services performed upon satisfactory

completion and in accordance with the payment rates and terms set forth in Exhibit

C. The invoice shall be in a form approved by CVAG.

b. Costs will be broken down into categories: (1) Up Front Costs; (2) Fixed Costs; and

(3) Variable Costs. A formal report of tasks performed and tasks in process, in a form

acceptable to CVAG, shall be attached to each invoice.

c. The first month’s billing would be for upfront costs, a portion of the fixed costs,

according to the budget divided equally across the term of the contract, and the

exact amount of the costs incurred on the variable costs.

d. The subsequent months’ billing would be for a portion of the fixed costs according to

the budget divided equally across the term of the contract and the exact amount of

the costs incurred on the variable costs.

e. Variable costs will be prevention rental assistance, rapid rehousing expenses (rents,

utilities, deposits, food, transportation, laundry assistance, contingencies), and crisis

stabilization housing expenses (rents, utilities, deposits, maintenance, food,

transportation, laundry assistance, contingencies).

f. Consultant shall submit invoices for work completed on a monthly basis.

g. This contract is valid and enforceable only if sufficient funds are made available to

CVAG for the purpose of this contract. In addition, this contract is subject to any

additional restrictions, limitations, conditions, or any statute enacted by the

Congress, State Legislature, local agency governing board that may affect the

provisions, terms, or funding of this contract in any manner.

h. It is mutually agreed that if sufficient funds are not appropriated, this contract may

be amended to reflect any reduction in funds.

5) All other terms and conditions shall remain the same as stated in the original Contract.

___________________________

Damien O’Farrell

CEO/Executive Director

Path of Life Ministries

____________________________

Marion Ashley

Chair, Executive Committee

Coachella Valley Association of Governments

ITEM 7D

Staff Report Subject: 2017 CVAG Bicycle and Pedestrian Safety Program Contact: Eric Cowle, Transportation Program Manager ([email protected]) Recommendation: Approve ten project Reimbursement Agreements submitted for the CVAG 2017 Bicycle and Pedestrian Safety Program, and $247,500 in additional funding for Signal Synchronization components in the Desert Hot Springs project. Transportation Committee: CONCURS (Meeting of August 28th) Technical Advisory Committee: CONCURS (Meeting of September 11th) Background: In February, the Executive Committee approved $10M in Regional funding for projects that directly address Bicycle and Pedestrian Accidents and Fatalities on CVAG’s Regional Arterials. In June the Executive Committee approved the top ten projects recommended for funding consistent with the Bicycle and Pedestrian Safety Program for 2017.

The ten projects approved by the Executive Committee in June: Jurisdiction Project Request Accidents/year Desert Hot Springs Palm Drive Signals/Lighting $2,000,000 3.7 Palm Springs Palm Canyon Ped Enhancements $1,989,000 3.0 Palm Springs E. Palm Canyon/S. Palm Canyon $1,255,500 2.7 Palm Springs Indian Canyon Ped Enhancements $2,000,000 2.3 Cathedral City Date Palm Sidewalk Gaps $ 451,500 2.0 City of Indio Calhoun Street $ 786,203 1.3 Palm Springs Vista Chino Signals $ 516,000 1.0 Cathedral City Dinah Shore Mid-Block Xing $ 180,000 1.0 Palm Springs Palm Canyon X walks $ 411,000 0.7 City of Indio Avenue 48 Bike Lanes $ 686,181 0.6 $10,235,384 18.3 Collectively, these projects address situations that are responsible for 18.3 bicycle and pedestrian accidents per year. The proposed projects include segments where 67 accidents, including 8 fatalities have occurred in recent years. The recommended corridors include some of the region’s heaviest bicycle and pedestrian activity, and the solutions presented will certainly make a difference in reducing injury and loss of life for cyclists and pedestrians. The recommendation is to approve these ten Reimbursement Agreements as a group. All of the Reimbursement Agreements follow the same CVAG format. Each agreement includes two exhibits, one indicating project scope and one indicating project cost. All Agreements are attached with a scope and costs for all projects.


All Agreements had an original time trigger to start construction within one year of approval, which was June 26, 2017. At the September 11, 2017 TAC meeting, a request was made to extend the “Time Trigger.” CVAG staff suggested that the date be pushed out to December 1, 2018 and that date was unanimously approved. Each of the reimbursement Agreements has been revised to extend the “Time Trigger” for the projects to be under construction by December 1, 2018. Each of the projects that involve traffic signals and lighting include conditions that they design their improvements consistent with the Regional Signal Synchronization Program. Staff is recommending approval of all ten Reimbursement Agreements as a group. There is one project that requires further elaboration. Desert Hot Springs’ Palm Drive Signals and Lighting Project did not take into account the improvements necessary to be consistent with the Regional Signal Synchronization Program. There is a considerable cost savings to install these elements concurrently with this project as opposed to separately at a later date. The City estimates these additional costs at $330,000. Staff recommends inclusion of these signal synchronization elements with the Safety Program project, and proposes that the $330,000 be split 75%/25% with regional funding outside of the Bicycle and Pedestrian Safety Program funding. Fiscal Impact: Regional Transportation Funds are available to cover CVAG’s share of $10,235,384 requested in the Safety Project applications, and the $247,500 necessary to fund the Signal Synchronization elements in the City of Desert Hot Springs Project. Attachments: Individual Reimbursement Agreements (10)

AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF DESERT HOT SPRINGS

PALM DRIVE TRAFFIC SIGNALS AND STREET LIGHTS

THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Desert Hot Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:

RECITALS The "Coachella Valley Area Transportation Study", a valley-wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is included in the 2016 Transportation Project Prioritization Study (TPPS) document; and,

Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and,

CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and,

CVAG Executive Committee, on July 31, 2006, approved the implementation of the

amended Transportation Uniform Mitigation Fee “TUMF” Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and,

Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Palm Drive Traffic Signals and Street Lights Project. The estimated cost of the Project is $2,797,045. CVAG’s share of the Project cost is not-to-exceed $2,000,000, being the maximum approved Regional Share of the Project costs. An additional amount estimated at $330,000 is necessary to include certain traffic elements associated with CVAG’s Signal Synchronization Master Plan. CVAG’s share of these additional project costs is not-to-exceed $247,500, being 75% of the additional costs.

NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows:

1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG’s Transportation Project Prioritization Study or specifically authorized by CVAG’s Executive Committee. The Project was specifically approved by CVAG’s Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible.

2. The Project is generally described as and consists of the following: Palm Drive Traffic Signals and Street Lights. These services will hereinafter be referred to as the "Project".

3. The scope of work of the Project is more particularly described in Exhibit

"A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount of the Jurisdiction One-Quarter and the CVAG Three-Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6.

This Agreement shall establish a Time Trigger, which will require that

the start of the Construction Phase of the Project must begin by 01 December 2018.

4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $3,127,045, CVAG’ Regional Share will equal $2,247,500, and the Local share shall be $879,545 as well as one-hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds.

5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the Project was approved by CVAG’s Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing

Agency’s payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly.

6.1 Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days.

6.2 If a post-payment audit or review indicates that CVAG has Provided reimbursement to Agency in an amount in excess of Seventy-five Percent of eligible costs, or has provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG.

7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over-runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility.

8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible.

9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit “A,” an increase of any costs over those shown in Exhibit “B,” or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non-substantive changes may be made to this agreement subject to CVAG’s General Counsel’s approval.

10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection.

11. The occurrence of any one or more of the following events shall, at CVAG’s option, constitute an event of default and Agency shall provide CVAG with immediate notice thereof.

11.1 Any warranty, representation, statement, report or certificate

made or delivered to CVAG by Agency or any of Agency’s officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect;

11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or,

11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors.

12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act.

13. This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement.

14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure “A”/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure “A”/TUMF funds. Prior to initiation of on-site construction, Agency agrees to provide at least one “Project Sign” to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. The project funding sign for this Project shall be modified to conform to the Bicycle and Pedestrian Safety Program with the design to be approved by CVAG.

15. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and

expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement.

16. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as “also insured” on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as “also insureds,” within 30 days of signing a contract with the prime contractor.

17. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party’s rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement.

18. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation’s policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement.

19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and things as CVAG may reasonably request in order to comply fully with all applicable requirements and to effect fully the purposes of this Agreement.

20. This Agreement may not be assigned without the express written consent of CVAG first being obtained.

21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement.

22. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement.

23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure “A” monies.

24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law.

25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG’s reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement.

26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Desert Hot Springs: Daniel Porras Public Works Manager City of Desert Hot Springs 65-950 Pierson Blvd. Desert Hot Springs, CA 92240 Telephone: (760) 329-6411 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.

27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and

void.

28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

29. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys’ fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.

30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element.

31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California.

32. Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority.

33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF DESERT HOT SPRINGS By: ________________________________ By: __________________________

ATTEST: CVAG By: _______________________________ By: ___________________________ Tom Kirk, Executive Director Marion Ashley, Chair

EXHIBIT "A"

SCOPE OF SERVICES

AGENCY REIMBURSEMENT AGREEMENT

BY AND BETWEEN CVAG AND THE CITY OF DESERT HOT SPRINGS

PALM DRIVE TRAFFIC SIGNALS AND STREET LIGHTS The Scope of Services for this Project includes improvements to Palm Drive and Pierson Drive at the following locations: Palm Drive between Two Bunch Palms Trail and Buena Vista Avenue

• Add 24 Street lights per current City standards • Provide 3” conduit w/pull rope (future communications) • Pull boxes @ 400 feet w/45-degree elbows

Palm Drive and Buena Vista Avenue

• Add new traffic signal with corresponding crosswalks • Incorporate ITS elements per CVAG Signal Synchronization Master Plan • Add 3” conduit and 144 SMFO cable

Palm Drive and Desert View Avenue


Palm Drive and Flora Avenue


Pierson Boulevard and Cholla Avenue


Palm Drive and Pierson Boulevard

• Link communication to City’s Traffic Management Center • Incorporate ITS elements per CVAG Signal Synchronization Master Plan • Update Traffic Signal Controller • Add 3” conduit and 144 SMFO cable

Palm Drive and Hacienda Avenue

• Incorporate ITS elements per CVAG Signal Synchronization Master Plan • Update Traffic Signal Controller • Add 3” conduit and 144 SMFO cable

EXHIBIT "B"


BY AND BETWEEN CVAG AND THE CITY OF DESERT HOT SPRINGS

PALM DRIVE TRAFFIC SIGNALS AND STREET LIGHTS The total estimated cost of the Project is $2,797,045. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case determined not-to-exceed $2,000,000, the maximum amount authorized by the Executive Committee. The total estimated cost of installing the Signal Synchronization elements is an additional $330,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, not-to-exceed $247,500. The City of Desert Hot Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs. The City of Desert Hot Springs agrees to invoice the $330,000 costs associated with the Signal Synchronization improvements separately.

AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS

PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS

ALONG DOWNTOWN PALM CANYON DRIVE CORRIDOR THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:






Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Pedestrian Safety Enhancements at Signalized Intersections along Downtown Palm Canyon Drive Corridor Project. The estimated cost of the Project is $2,652,000. CVAG’s share of the Project cost is not-to-exceed $1,989,000, being 75% of the anticipated Regional Share of the Project costs.



2. The Project is generally described as and consists of the following: Pedestrian Safety Enhancements at Signalized Intersections along Downtown Palm Canyon Drive Corridor. These services will hereinafter be referred to as the "Project".





4. It is the agreement between CVAG and Agency that of the total estimated cost of approximately $2,652,000, CVAG’ Regional Share will equal $1,989,000, and the Local share shall be $663,000 as well as one-hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds.

5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the Project was approved by CVAG’s Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency’s payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly.








11.1 Any warranty, representation, statement, report or certificate made or delivered to CVAG by Agency or any of Agency’s officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect;

11.2 Agency shall fail to pay, perform or comply with, or otherwise

shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or,





15. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement.

24. No officer or employee of CVAG shall have any personal interest, direct or

indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law.


26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Palm Springs: Thomas Garcia Director of Engineering Services City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 322-8339 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.

27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void.

28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision,

condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.






IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: ________________________________ By: __________________________


EXHIBIT "A"

SCOPE OF SERVICES


BY AND BETWEEN CVAG AND THE CITY OF PALM SPRINGS

PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN PALM CANYON DRIVE CORRIDOR

The Scope of Services for this Project includes pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left-turn phasing as necessary, high visibility crosswalks, advanced stop lines and curb bulb-outs with ADA-accessible wheelchair ramps at the following intersections: 1. Palm Canyon Drive & Tachevah Drive/Via Lola 2. Palm Canyon Drive & Tamarisk Road 3. Palm Canyon Drive & Granvia Valmonte 4. Palm Canyon Drive & Alejo Road 5. Palm Canyon Drive & Amado Road 6. Palm Canyon Drive & Andreas Road 7. Palm Canyon Drive & Tahquitz Canyon Way 8. Palm Canyon Drive & Arenas Road 9. Palm Canyon Drive & Baristo Road 10. Palm Canyon Drive & Ramon Road Project shall ensure that all improvements have met appropriate warrants. Project shall ensure that Traffic Signals integrate the latest ITS technologies included in CVAG’s Regional Signal Synchronization Master Plan, and are linked to the City’s Traffic Management Center.

EXHIBIT "B"



The total estimated cost of the Project is $2,652,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not-to-exceed $1,989,000. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs.

PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN PALM CANYON DRIVE CORRIDOR


PEDESTRIAN SAFETY IMPROVEMENTS

ALONG SOUTH AND EAST PALM CANYON DRIVE CORRIDOR THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:






Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor Project. The estimated cost of the Project is $1,674,000. CVAG’s share of the Project cost is not-to-exceed $1,255,500, being 75% of the anticipated Regional Share of the Project costs.


1. The program embodied in this agreement for the reimbursement of funds

by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG’s Transportation Project Prioritization Study or specifically authorized by CVAG’s Executive Committee. The Project was specifically approved by CVAG’s Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible.

2. The Project is generally described as and consists of the following: Pedestrian Safety Improvements along South and East Palm Canyon Drive Corridor. These services will hereinafter be referred to as the "Project".











14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure “A”/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure “A”/TUMF funds. Prior to initiation of on-site construction, Agency agrees to provide at least one “Project Sign” to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. CVAG’s Policy and Procedures Manual provides a guide for Project Sign format. The project funding sign for this Project shall be modified to conform to the Bicycle and Pedestrian Safety Program with the design to be approved by CVAG.


16. Agency agrees to include in its contract specifications and bid documents

a requirement that all prime contractors shall name CVAG and its member agencies as “also insured” on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as “also insureds,” within 30 days of signing a contract with the prime contractor.







23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the

necessary and appropriate funding from TUMF and/or Measure “A” monies.





28. If any term, provision, condition, or covenant of this Agreement, or the

application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.






EXHIBIT "A"

SCOPE OF SERVICES



ALONG SOUTH AND EAST PALM CANYON DRIVE CORRIDOR The Scope of Services for this Project includes improvements along the South Palm Canyon Drive Corridor from Mesquite Avenue through the curve where South Palm Canyon Drive becomes East Palm Canyon Drive and ending at South Sunrise Way. South Palm Canyon Drive between Sonora Road and Avenida Palmera:

• Signalized pedestrian crossing with overhead flashing beacon or hybrid/HAWK signal (2)

• Pedestrian refuge island (approx. 20 feet) • High-visibility crosswalk, crosswalk lighting • Curb extensions for east and west sides of crosswalk • Advanced yield lines and warning signage (2) • ADA-accessible wheelchair ramps (2)

South Palm Canyon Drive from Avenida Olancha to East Palm Canyon Drive, and East Palm Canyon Drive from South Palm Canyon Drive to Via Salida:

• Pedestrian refuge island/raised median (approx. 1010 feet), signing and striping Intersection of Deep Well Road and East Palm Canyon Drive

• New traffic signal with lighting • High-visibility crosswalk for north, east and west legs • Pedestrian refuge island/raised median (approx. 20 feet) • Advanced stopped lines (4), signing and striping • Curb extensions for north leg (2) • ADA-accessible wheelchair ramps (3)

Intersection of Sagebrush Road and East Palm Canyon Drive

• New signal with lighting • High-visibility crosswalk for north, east and west legs • Pedestrian refuge island/raised median (approx. 20 feet) • Advanced stopped lines (4), signing and striping • ADA-accessible wheelchair ramps (3)

ITS components

• Provide 3” conduit w/144 SMFO cable • Link to existing Traffic Signals • Integrate latest ITS technologies per CVAG Signal Synchronization

Project shall ensure that all improvements have met appropriate warrants.

EXHIBIT "B"



ALONG SOUTH AND EAST PALM CANYON DRIVE CORRIDOR The total estimated cost of the Project is $1,674,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not-to-exceed $1,255,500. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs.

THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:






Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Pedestrian Safety Enhancements at signalized Intersections along Downtown Indian Canyon Drive Corridor Project. The estimated cost of the Project is $2,730,000. CVAG’s share of the Project cost is 75% of the total cost not-to-exceed $2,000,000, being the maximum approved Regional Share of the Project costs.




ALONG DOWNTOWN INDIAN CANYON DRIVE CORRIDOR


2. The Project is generally described as and consists of the following: Pedestrian Safety Enhancements at signalized Intersections along Downtown Indian Canyon Drive Corridor. These services will hereinafter be referred to as the "Project".




the start of the Construction Phase of the Project must begin by December 01, 2018.


5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the Project was approved by CVAG’s Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency’s payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency

shall submit invoices not more often than monthly and not less often than quarterly.














14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure “A”/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure “A”/TUMF funds. Prior to initiation of on-site construction, Agency agrees to provide at least one “Project Sign” to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. CVAG’s Policy and Procedures Manual provides a guide for Project Sign format.


EXHIBIT "A"

SCOPE OF SERVICES

The Scope of Services for this Project includes pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left-turn phasing as necessary, high visibility crosswalks, advanced stop lines and curb bulb-outs with ADA-accessible wheelchair ramps at the following intersections: 1. Indian Canyon Drive & Tachevah Drive/Via Lola 2. Indian Canyon Drive & Tamarisk Road 3. Indian Canyon Drive & Alejo Road 4. Indian Canyon Drive & Amado Road 5. Indian Canyon Drive & Andreas Road 6. Indian Canyon Drive & Tahquitz Canyon Way 7. Indian Canyon Drive & Arenas Road 8. Indian Canyon Drive & Baristo Road 9. Indian Canyon Drive & Ramon Road Project shall ensure that all improvements have met appropriate warrants.



ALONG DOWNTOWN INDIAN CANYON DRIVE CORRIDOR

EXHIBIT "B"



PEDESTRIAN SAFETY ENHANCEMENTS AT SIGNALIZED INTERSECTIONS ALONG DOWNTOWN INDIAN CANYON DRIVE CORRIDOR

The total estimated cost of the Project is $2,730,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case determined not-to-exceed $2,000,000, the maximum amount authorized by the Executive Committee. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs up to the maximum amount of $2,000,000.

AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND CATHEDRAL CITY

DATE PALM DRIVE AND GERALD FORD DRIVE

SIDEWALK GAP CLOSURE THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the city of Cathedral City ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:






Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Date Palm Drive and Gerald Ford Drive Sidewalk Gap Closure Project. The estimated cost of the Project is $602,000. CVAG’s share of the Project cost is not-to-exceed $451,500, being 75% of the anticipated Regional Share of the Project costs.




2. The Project is generally described as and consists of the following: Date Palm Drive and Gerald Ford Drive Sidewalk Gap Closure. These services will hereinafter be referred to as the "Project".





4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $602,000, CVAG’ Regional Share will equal $451,500, and the Local share shall be $150,500 as well as one-hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds.





26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Cathedral City: John Corella City Engineer City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 Telephone: (760) 770-0340 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.



IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF CATHEDRAL CITY By: ________________________________ By: __________________________


EXHIBIT "A"

SCOPE OF SERVICES


BY AND BETWEEN CVAG AND CATHEDRAL CITY

DATE PALM DRIVE AND GERALD FORD DRIVE SIDEWALK GAP CLOSURE

The Scope of Services for this Project includes improvements on the Date Palm Drive corridor between Vista Chino and Gerald Ford, and on the Gerald Ford Corridor between Date Palm and Cameron. Some sections of Date Palm Drive have curb and gutter, but no sidewalk, and other sections have neither curb and gutter or sidewalk. This Project will close the gaps of missing sidewalk by constructing new curb-adjacent concrete sidewalks or constructing both new curb and gutter and curb-adjacent walks.

EXHIBIT "B"



DATE PALM DRIVE AND GERALD FORD DRIVE SIDEWALK GAP CLOSURE

The total estimated cost of the Project is $602,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not-to-exceed $451,500. The City of Cathedral City as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs.

AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF INDIO

CALHOUN STREET IMPROVEMENTS

THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Indio ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:






Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Calhoun Street Improvements Project. The estimated cost of the Project is $1,048,270. CVAG’s share of the Project cost is not-to-exceed $786,203, being 75% of the anticipated Regional Share of the Project costs.


1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been

identified in CVAG’s Transportation Project Prioritization Study or specifically authorized by CVAG’s Executive Committee. The Project was specifically approved by CVAG’s Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible.

2. The Project is generally described as and consists of the following: Calhoun Street Improvements. These services will hereinafter be referred to as the "Project".





4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $1,048,270, CVAG’ Regional Share will equal $786,203, and the Local share shall be $262,067 as well as one-hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds.


6.1 Upon receipt of an invoice from Agency, CVAG may request

additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days.











26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Indio: Tim Wassil Director of Public Works City of Indio 100 Civic Center Mall Indio, CA 92201 Telephone: (760) 391-4000 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.







33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF INDIO By: ________________________________ By: __________________________

ATTEST: CVAG By: _______________________________ By: ___________________________

Tom Kirk, Executive Director Marion Ashley, Chair

EXHIBIT "A"

SCOPE OF SERVICES


BY AND BETWEEN CVAG AND THE CITY OF INDIO

CALHOUN STREET IMPROVEMENTS The Scope of Services for this Project includes improvements to Calhoun Street from Highway 111 south to Doctor Carreon Boulevard. The Project will include re-striping Calhoun Street to reduce the traveled lanes from four through lanes to two through lanes and add bicycle lanes, new and upgraded street safety lights, construction of new sidewalks and upgraded ADA-accessible paths, and the installation of a crossing at Date Street which would include a rectangular rapid flashing beacon.

EXHIBIT "B"



CALHOUN STREET IMPROVEMENTS

The total estimated cost of the Project is $1,048,270. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not-to-exceed $786,203. The City of Indio as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs.


VISTA CHINO AND NORTH PALM CANYON DRIVE SIGNALS

THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:

RECITALS The "Coachella Valley Area Transportation Study", a valley-wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is in the 2016 Transportation Project Prioritization Study (TPPS) document; and,





Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the: Vista Chino and North Palm Canyon Drive Signals Project. The estimated cost of the Project is $1,475,000. CVAG’s share of the Project cost is not-to-exceed $516,000, being the maximum allowable Regional Share of the Project costs as approved by CVAG’s Executive Committee on 26 June 2017.




2. The Project is generally described as and consists of the following: Vista Chino at Via Miraleste and North Palm Canyon Drive at Via Escuela Signals. These services will hereinafter be referred to as the "Project".





4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $1,475,000, Caltrans’ Share will equal $490,000, CVAG’s Regional Share will equal $516,000, and the Local share shall be $469,000 as well as one-hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds.


EXHIBIT "A"

SCOPE OF SERVICES



VISTA CHINO AND NORTH PALM CANYON DRIVE SIGNALS The Scope of Services for this Project includes improvements to the Indian Canyon Drive corridor between East Mel Avenue and Tachevah Drive and between Arenas Road and Baristo Road. Vista Chino (SR-111) and Via Miraleste:

• Install traffic signal with pedestrian countdown signal heads, accessible pedestrian signal (APS), leading pedestrian phase, and protected left-turn phasing for eastbound and westbound.

• Pedestrian detection within intersection for north, south and east legs • High-visibility crosswalk (Continental pattern) for north, south and east legs • Split phasing for the northbound and southbound legs • Advance stop lines • ADA-accessible wheelchair ramps (4) • Signing and striping

North Palm Canyon Drive (SR-111) and Via Escuela:

• Install traffic signal at the intersection with pedestrian countdown signal heads, accessible pedestrian signal (APS), and leading pedestrian phase.

• Pedestrian detection within intersection for all legs (4) • Curb-extensions (bulb-outs) or refuge islands to reduce crossing distance on all

legs • High-visibility crosswalk (Continental pattern) for all legs (4) • Advanced stop lines • ADA-accessible wheelchair ramps (4) • Signing and striping

ITS components

• Provide 3” conduit w/144 SMFO cable • Link to existing Traffic Signals • Integrate latest ITS technologies per CVAG Signal Synchronization

EXHIBIT "B"



VISTA CHINO AND NORTH PALM CANYON DRIVE SIGNALS The total estimated cost of the Project is $1,475,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case determined as not-to-exceed $516,000. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs up to the maximum allowable amount of $516,000. Caltrans has committed a lump sum contribution in the amount of $290,000 for the intersection of Vista Chino and Miraleste, and an additional $200,000 for the intersection of North Palm Canyon Drive and Via Escuela.

AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND CATHEDRAL CITY

DINAH SHORE DRIVE AT VAQUERO ROAD MID-BLOCK CROSSING

THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the city of Cathedral City ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:






Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Dinah Shore Drive at Vaquero Road Mid-Block Crossing Project. The estimated cost of the Project is $240,000. CVAG’s share of the Project cost is not-to-exceed $180,000, being 75% of the anticipated Regional Share of the Project costs.




2. The Project is generally described as and consists of the following: Dinah Shore Drive at Vaquero Road Mid-Block Crossing. These services will hereinafter be referred to as the "Project".






5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency’s payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly.










11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any

amendment to this Agreement, or any agreement delivered in connection with the Project; or,









26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Cathedral City: John Corella City Engineer City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 Telephone: (760) 770-0340 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.


28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or

unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.






IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF CATHEDRAL CITY By: ________________________________ By: __________________________


EXHIBIT "A"

SCOPE OF SERVICES



DINAH SHORE DRIVE AT VAQUERO ROAD MID-BLOCK CROSSING The Scope of Services for this Project includes the installation of a HAWK crossing beacon on Dinah Shore Drive at Vaquero Road with necessary signing and striping.

EXHIBIT "B"



DINAH SHORE DRIVE AT VAQUERO ROAD MID-BLOCK CROSSING The total estimated cost of the Project is $240,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not-to-exceed $180,000. The City of Cathedral City as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs.


PEDESTRIAN CROSSWALKS AT PALM CANYON DRIVE

AND STEVENS ROAD AND VIA LAS PALMAS THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Palm Springs ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:






Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Pedestrian Crosswalks at Palm Canyon Drive and Stevens Road and Via Las Palmas Project. The estimated cost of the Project is $548,000. CVAG’s share of the Project cost is not-to-exceed $411,000, being 75% of the anticipated Regional Share of the Project costs.




2. The Project is generally described as and consists of the following: Pedestrian Crosswalks at Palm Canyon Drive and Stevens Road and Via Las Palmas. These services will hereinafter be referred to as the "Project".







EXHIBIT "A"

SCOPE OF SERVICES



The Scope of Services for this Project includes improvements at two un-signalized intersections Palm Canyon Drive and Stevens Road, and Palm Canyon Drive and Via Las Palmas. The improvements include the provision of rapid rectangular flashing beacons, high-visibility crosswalks, pedestrian detection, accessible pedestrian signals, advanced yield lines, curb bulb-outs, in-pavement flashers, new street lighting and ADA-accessible wheelchair ramps. Project shall ensure that all improvements have met appropriate warrants. Project shall integrate latest ITS technologies per CVAG Signal Synchronization Program.

PEDESTRIAN CROSSWALKS AT PALM CANYON DRIVE AND STEVENS ROAD AND VIA LAS PALMAS

EXHIBIT "B"



The total estimated cost of the Project is $548,000. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not-to-exceed $411,000. CVAG will reimburse eligible Project costs retroactive to 26 June 2017. The City of Palm Springs as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs.

PEDESTRIAN CROSSWALKS AT PALM CANYON DRIVE AND STEVENS ROAD AND VIA LAS PALMAS

AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF INDIO

AVENUE 48 BIKE LANE IMPROVEMENTS

THIS AGREEMENT is made and entered into this 25th day of September, 2017, by and between the City of Indio ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:






Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved. Agency desires to proceed with the Avenue 48 Bike Lane Improvements Project. The estimated cost of the Project is $861,575. CVAG’s share of the Project cost is not-to-exceed $646,181, being 75% of the anticipated Regional Share of the Project costs.


1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been

identified in CVAG’s Transportation Project Prioritization Study or specifically authorized by CVAG’s Executive Committee. The Project was specifically approved by CVAG’s Executive Committee as consistent with the TPPS on 26 June 2017, and is therefore eligible.

2. The Project is generally described as and consists of the following: Avenue 48 Bike Lane Improvements. These services will hereinafter be referred to as the "Project".






5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended. 5.1 CVAG will reimburse eligible Project costs retroactive to 26 June 2017 when the project was approved by CVAG’s Executive Committee. 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency’s payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly.





26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to City of Indio: Tim Wassil Director of Public Works City of Indio 100 Civic Center Mall Indio, CA 92201 Telephone: (760) 391-4000 If to CVAG: CVAG 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.








33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date:

ATTEST: CITY OF INDIO By: ________________________________ By: __________________________


EXHIBIT "A"

SCOPE OF SERVICES



AVENUE 48 BIKE LANE IMPROVEMENTS The Scope of Services for this Project includes the restriping of Avenue 48 between Jefferson Street to Jackson Street to include new bicycle lanes. The bicycle lanes on Avenue 48 between Jefferson Street and Madison Street shall be striped consistent with the Community Connector concept within CVAG’s CV Link Master Plan.

EXHIBIT "B"



AVENUE 48 BIKE LANE IMPROVEMENTS

The total estimated cost of the Project is $861,565. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not-to-exceed $646,181. The City of Indio as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs.

ITEM 7E

Staff Report

Subject: Designation of 2018 State Transportation Improvement Program (STIP)

Funds Contact: Martin Magaña, Director of Transportation ([email protected]) Recommendation: Authorize the Executive Director to recommend to Riverside County Transportation Commission that: 1) The 2018 State Transportation Improvement Program (STIP) Funds are designated

to the Ave. 66 Grade Separation Project; and 2) The 2018 STIP funds are designated to CV Link. Transportation Committee: CONCURS (Meeting of August 28th) Technical Advisory Committee: CONCURS (Meeting of September 11th) Background: The State Transportation Improvement Program (STIP) is a biennial five-year plan adopted by the California Transportation Commission (CTC) that determines future allocations of certain funds for state highway improvements, intercity rail, and regional highway and transit improvements. Each new STIP adds two new years to prior programming commitments. The 2018 STIP covers the five-year period that ends in FY 2022/23. Past STIP programming cycles have suffered losses due to cuts in the state budget. With the passage of SB1, which was signed by Governor Brown in April, future STIP cycles look more promising. SB 1 provides the first significant and stable increase in state transportation funding to rebuild California in more than two decades. Because of the complexity of the STIP program and steps to process these funds through the CTC, CVAG and RCTC historically designate STIP funding for the largest, often “federalized”, projects in the region and for projects that have cleared or will soon clear the environmental process. STIP funds normally are allocated to large projects that are going to be under construction in the next five years. There are currently two projects that fall under this situation, the Ave. 66 Grade Separation project and CV Link. The STIP programming cycle began with the release of a proposed fund estimate in July 2017, followed by the CTC’s adoption of the fund estimate in August 2017. The fund estimate serves to identify the amount of new funds available for the programming of transportation projects. Once the fund estimates were adopted, Caltrans and the regional planning agencies began preparing transportation improvement plans for submittal by December 15, 2017. Caltrans then prepares the Interregional Transportation Improvement Plan (ITIP) and regional agencies prepare Regional Transportation Improvement Plans (RTIPs). A public hearing will be held in January 2018 and the STIP is expected to be adopted by the CTC in April 2018.

The Final STIP Fund Estimate adopted by the CTC shows Riverside County’s Target Share is $103,054,840, after accounting for Planning, Programming and Monitoring (PPM). Based on guidance from the Riverside County Transportation Commission, STIP funds will flow to the three commonly accepted geographic areas of Riverside County: Western Riverside County, the Coachella Valley, and the Palo Verde Valley. The anticipated distribution breakout is as follows:

Total Riverside County Share $105,158,000 Less 2% for PPM $ 2,103,160 Total New Project Programming $103,054,840

Western Riv. Co. $ 79,661,391 Coachella Valley $ 22,785,425 Palo Verde Valley $ 608,024 To accommodate the 2018 STIP schedule, RCTC is requesting that CVAG recommend valley projects to be designated funds. RCTC staff will then submit all projects to Southern California Association of Governments (SCAG) so SCAG can conduct performance measures analyses in accordance with STIP guideline requirements and submit a project listing to the CTC by December 15, 2017. Based on the STIP program guidelines, CVAG staff recommends that funds be designated for the Ave. 66 Grade Separation Project and CV Link. According to the 2018 STIP guidelines, the CTC expects to give first priority to the reprogramming of projects from the 2016 STIP. CV Link had $2 million in STIP funding programmed in FY 2019/20, but this was delayed due to funding shortfalls. Under the 2018 STIP, CV Link would qualify to be given first priority for program funding that was previously programmed. The guidelines also state that bicycle and pedestrian projects may be programmed in the STIP so long as they are eligible for State Highway Account or Federal funds, which CV Link is eligible for such funding. Given that the State is currently focusing on the Active Transportation Programs to meet SB 375 requirements and reduce greenhouse gases, CVAG and RCTC staff believes it is wise to include CV Link for 2018 STIP funding. Construction on the Cathedral City segment will be complete this fall, and additional right of way activities for CV Link will begin later this month. These additional funds can be programmed for CV Link under the 2018 STIP for future years. The Ave. 66 Grade Separation project, in unincorporated Riverside County, is one of the highest priority ranked projects in the Transportation Prioritization Project Study (TPPS), ranking 10th with 13 points. This project will provide much needed state highway access for freight mobility and the underserved and disadvantaged communities in eastern Coachella Valley. While both CVAG and the County have been steadfastly committed to Ave. 66, both agencies have worked to make sure it has the proper funding mix. In October 2009, the CVAG Executive Committee moved $10 million in Trade Corridor Improvement Funding (TCIF) from the project in order to ensure the completion of the Avenue 52 grade separation in the City of Coachella. With the recommended allocation of STIP funding, this project will be fully funded and is scheduled to be under construction by Fall 2018. CVAG staff proposes to commit all of the STIP funding for construction related activities in the following order:

1. The $2 million of STIP funding that was previously programmed for CV Link but delayed, per CTC guidance.

2. Fund as much of the Ave. 66 grade separation project to substantially eliminate or reduce the need for CVAG Measure A/TUMF funds and the

County’s match to those funds. The final amount necessary will be determined by CVAG and County staff, as there are potential future savings from other Transportation Corridor Improvement Funds (TCIF) grade separation projects in the County that could also be dedicated to the Ave. 66 grade separation project.

3. The balance of funding for CV Link, again designed to substantially reduce the need for CVAG Measure A/TUMF funding for the project.

There are other interchange projects that expect to be ready but they have not completed their environmental phase, which is a major factor. Also, while STIP funding has historically been invested on freeways projects, it has been increasingly moving away from freeway projects and moving toward projects which diversify the transportation system. The Transportation Committee and Technical Advisory Committee concur with CVAG staff’s recommendations. However, the committees separated the projects and acted on them separately due to unanimous support for one project but not the other. It is recommended that the Executive Committee also take separate actions on these projects if it deems appropriate. Also, at the September 13, 2017 Riverside County Transportation Commission meeting, the Commission unanimously approved RCTC staff’s recommendations for the 2018 STIP cycle which included the Ave. 66 Grade Separation project and CV Link. Upon approval, CVAG staff will notify RCTC and request that these projects be included in the 2018 STIP cycle. Fiscal Analysis: Nearly $22.8 million in STIP funding will be available to the Coachella Valley. With the approval of SB1, 2018 STIP funds will be available for these projects over the five-year period from FY2018/19-2022/23. Additional STIP funding will have a significant positive impact on CVAG’s regional funds as it preserves Measure A, TUMF and Local contributions that can be used for other transportation projects in the Coachella Valley. The CTC will provide guidance on how the funding is allocated over the five-year STIP cycle. The CTC is considering front-loading the allocations but has not made a final decision. If all regions propose programming in the early years of the cycle, not all projects may get funded and the CTC will have to push some projects out to future years.

ITEM 7F

Staff Report Subject: Cooperative agreement for CV Link along Tahquitz Creek Levee Contact: LeGrand Velez, Transportation Program Manager ([email protected]) Recommendation: Authorize the Executive Director to enter into a cooperative agreement with the City of Palm Springs in which CVAG would reimburse the additional costs associated with revising the Tahquitz Creek Levee Reconstruction Project to CV Link design standards. Transportation Committee: CONCURS (Meeting of August 28th) Technical Advisory Committee: CONCURS (Meeting of August September 11th) Background: The City of Palm Springs is required by the Federal Emergency Management Agency (FEMA) to make improvements to 4,100 feet of Tahquitz Creek Levee between Demuth Park and Gene Autry Trail. The City originally bid the Tahquitz Creek Levee Reconstruction Project (TCLRP) in 2016. At that time, the City proposed to replace the existing asphalt bike path on top of the levee with an improved asphalt path. The CV Link project proposes to make improvements to the existing Tahquitz Creek Bike Path in order to integrate it into the regional CV Link network, including the 4,100-foot long section on top of the Tahquitz Creek Levee that the City is reconstructing. For purposes of prudent planning and responsible use of public funds, CVAG requested that the City revise the TCLRP project to incorporate CV Link design criteria so that when CV Link is constructed, the bike path on top of the Tahquitz Creek levee will not need to be replaced a second time. Instead of a 10-foot-wide asphalt path, a 14-foot-wide cement path is proposed. The timeline to rebid the project will be determined by the City of Palm Springs, but is expected to occur within the next 12 months. The City and CVAG staffs have agreed on a cost sharing formula, in which CVAG would reimburse the City for the additional costs associated with this design modification. This reimbursement arrangement would be established by the execution of the attached cooperative agreement. The Palm Springs City Council approved the cooperative agreement at their meeting on September 6, 2017. This cooperative agreement is similar to the one that CVAG entered into with the City of Cathedral City for the bike path that’s currently being constructed on the west bank of the Whitewater River Levee between Vista Chino and Ramon Roads. Fiscal Impact: CVAG would pay for costs associated with the Tahquitz Creek Levee Reconstruction Project with previously awarded grant funds from the South Coast Air Quality Management District that are designated for CV Link construction. The cost will not be known until the City rebids the project but is expected to be between $500,000 and $1,000,000. Attachments: Project Location Map CVAG/City of Palm Springs Cooperative Agreement for the TCLRP


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COOPERATIVE AGREEMENT BY AND BETWEEN

CVAG AND CITY OF PALM SPRINGS for

Tahquitz Creek Levee Reconstruction Project Bike Path Replacement

THIS AGREEMENT is made and entered into this ____ day of ___________, 2017, by and between the City of Palm Springs ("City"), and the Coachella Valley Association of Governments ("CVAG"), a California joint powers authority, (each a "Party," and collectively the "Parties," to this agreement,) and is made with reference to the following background facts and circumstances:

A. The City plans to reconstruct approximately 4,100 feet of the Tahquitz

Creek Levee between Demuth Park and Gene Autry Road, including replacement of an existing paved bike path on top of the levee;

B. The CV Link project proposes to make improvements to the existing

Tahquitz Creek Bike Path in order to integrate it into the regional CV Link network, including the 4,100-foot long section of bike path on top of the Tahquitz Creek Levee that is planned for reconstruction; D. Design, engineering and environmental review of the proposed CV Link project is not complete, the project has not yet been approved, and construction is not expected to begin until early 2018, or later, if the project is ultimately approved; E. The City has had the Tahquitz Creek Levee Reconstruction project (TCLRP) in development since 2008, pre-dating planning for CV Link. The City would reconstruct the Tahquitz Creek levee and the existing bike path regardless of CV Link, thereby establishing its independent utility. However, for purposes of prudent planning and responsible use of public funds, the City wants to complete this independent project incorporating CV Link design criteria so that if CV Link is constructed the bike path on top of the Tahquitz Creek levee will not need to be replaced a second time.

F. The Parties wish to enter into this cooperative agreement whereby the City will expand the bike path element of the planned TCLRP to 14 feet and use cement instead of asphalt, consistent with the proposed CV Link model, to allow the possibility that CVAG might later be able to assume responsibility for the operation and maintenance of the bike path on top of the Tahquitz Creek levee if the CV Link project is subsequently approved for construction;

G. CVAG has been allocated funding from the South Coast Air Quality

Management District (SCAQMD), under AB 1318 Sentinel Mitigation Fees Fund, for CV Link construction costs. Pursuant to the agreement between CVAG and SCAQMD, AB 1318 funding may be applied to construction of the TCLRP bike path element, with the City performing as a “Subcontractor” to CVAG;

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H. CVAG will pay for the incremental cost of constructing a 14-foot cement path (consistent with CV Link design) instead of the 10-foot wide asphalt path originally proposed by the City, including additional construction administration costs. This cost will be determined by subtracting the value of the initial contract bid and construction management, inspection & materials testing services accepted by the City for the TCLRP ($528,000 + 39,000 = $567,000) from the value of next bid that is accepted by the City for the TCLRP including the updated bike path design.

I. CVAG will also pay for all incremental expenses associated with

incorporation of CV Link design into bidding the TCLRP that are not covered under Alta’s CV Link engineering contract with CVAG. Additional sheet production and design of levee improvements to accommodate CV Link are budgeted at $20,000. Bid support services are budgeted at an amount not to exceed $10,000. CVAG will also pay for any construction support costs associated with the CV-Link.

J. CVAG will plan and pay for mitigation of impacts to the Casey’s June

Beetle (CJB) survey area associated with the additional impervious surface created by incorporating CV Link design. Based on conversations with the United States Fish and Wildlife Services, the TCLRP will have no additional CJB mitigation requirements other than those associated with CV Link design impacts. A CJB Habitat Conservation Plan is being prepared for the CV Link project, which will include the impacts associated with the CV Link modifications to the bike path element of the TCLRP plans. Mitigation is being provided through an agreement with the City-owned Tahquitz Creek Golf Course to convert certain areas of the golf course to more appropriate CJB habitat;

K. The City will cover the costs associated with preparing an application for

a Conditional Letter of Map Revision (CLOMR) and associated construction administration services. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties mutually agree as follows: 1. Although all decisions concerning engineering and environmental matters shall be at the sole discretion of the City, the final design of the bike path element of the TCLRP shall be subject to review and reasonable approval by CVAG prior to the commencement of any construction. CVAG’s review and reasonable approval shall be completed within thirty (30) days of submittal by the City. 2. City may seek bids for the construction of the TCLRP, the bike path specifications for which shall be as consistent as practicable with the proposed CV Link model; provided, however, that other amenities that might be proposed for the CV Link project may not be included in the design of the TCLRP. 3. The City shall contract with the successful bidder for the construction of the TCLRP. CVAG shall reimburse City for costs in the manner provided herein below. Notwithstanding any other provisions herein, CVAG shall not be obligated for any monetary contributions that have not been approved and budgeted for this project. 4. At such time as CVAG's legislative body authorizes CVAG (or its contractor and/or agent) to do so, CVAG shall incorporate the TCLRP bike path element into the CV Link project and thereafter assume responsibility for the operations and

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maintenance of the bike path on top of the Tahquitz Creek Levee. However, the City shall be solely responsible for the operation and maintenance of the Tahquitz Creek Levee bike path until it is accepted by CVAG and incorporated into the CV Link project.

MISCELLANEOUS PROVISIONS

5. At such time as funds are authorized and budgeted by CVAG for reimbursement to the City for incremental construction costs associated with the TCLRP bike path element, reimbursement shall be made as follows: The City shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, City shall submit invoices to CVAG requesting reimbursement. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to City, and documents evidencing City's payment of the invoices or demands for payment. City shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. City shall submit invoices not more often than monthly and not less often than quarterly.

5.1 Upon receipt of an invoice from City, CVAG may request additional documentation or explanation of the costs for which reimbursement is sought. Undisputed reimbursement amounts shall be paid by CVAG to City within thirty (30) days. CVAG will subsequently seek reimbursement from SCAQMD.

5.2 If a post-payment audit or review indicates that CVAG has provided reimbursement to City in an amount in excess of that permitted under this agreement, City shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG.

5.3 Prior to any final payment to City by CVAG, a final report shall be

submitted to CVAG by City containing a record of all payments made for the bike path element of the TCLRP and the source of funds of all such payments, together with a record of all change orders, cost over-runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility for the CV Link project.

5.4 The format used for all bids solicited by City for the TCLRP shall require itemization sufficient to allow quantities of each bid item to be easily discernible. If requested by CVAG, it shall be the responsibility of City to determine what, if any, portion of the work is an enhancement to any specifications adopted for the CV Link model, for which there shall be no reimbursement.

5.5. City shall maintain an accounting of all funds received from CVAG

pursuant to this agreement in accordance with generally accepted accounting principles. City agrees to keep all contracts and records for a period of not less than three years from the date a notice of completion is recorded by the City for the TCLRP; or, if the TCLRP is not the type of project for which a notice of completion would normally be recorded, for three years from the date of completion. The City may keep the records in either electronic or hard copy format. City shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the TCLRP. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection.

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5.6 City shall allow CVAG access to and use of all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of the planning, approval and construction of the bike path element of the TCLRP. Any copies of said originals obtained by CVAG may be used, reused, or otherwise disposed of by CVAG without the permission of City.

5.7 The Parties agree that announcements, news releases and other communication materials describing the project shall acknowledge "The project was made possible by a grant from the South Coast Air Quality Management District AB 1318 Mitigation Fees Fund to reduce or mitigate emissions within Coachella Valley."

5.8 The following acknowledgment of support and disclaimer must appear in each publication of materials, whether copyrighted or not, based upon or developed under this agreement.

This Agreement was prepared as a result of work paid for, in whole or in part, by a grant from the South Coast Air Quality Management District (SCAQMD). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of SCAQMD. SCAQMD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume no legal liability for the information in this report. SCAQMD has not approved or disapproved this report, nor has SCAQMD passed upon the accuracy or adequacy of the information contained herein.”

6. The occurrence of any one or more of the following events shall, at the

non-defaulting Party’s option, constitute an Event of Default and the defaulting Party shall provide the other Party with immediate notice thereof.

6.1 Any warranty, representation, statement, report or certificate made or delivered to the other Party or any of its officers, employees or agents, now or hereafter, which is incorrect, false, untrue or misleading in any material respect;

6.2 A Party shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this agreement or any amendment to this agreement, or any agreement delivered in connection with the TCLRP; or,

6.3 There shall occur any of the following: dissolution, termination of

existence or insolvency of a Party; the commencement of any proceeding under any bankruptcy or insolvency law by or against a Party; entry of a court order which enjoins, restrains or in any way prevents a Party from paying sums owed to creditors.

7. No waiver of any Event of Default or breach by one Party hereunder shall be implied from any omission by any other Party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one Party to or of any act by any other Party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act.

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8. This agreement is made and entered into for the sole protection and benefit of the City and CVAG, and no third person shall have any right of action under this agreement.

9. This agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with City as to the TCLRP. The City shall assume the defense of, indemnify and hold harmless, CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions or inactions of the City related to the TCLRP or taken in the performance of this agreement or any agreement entered into by City with reference to the TCLRP. CVAG shall assume the defense of, indemnify and hold harmless the City, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from (a) the actions of CVAG taken in the performance of this agreement or (b) litigation concerning compliance with environmental laws specific to CV Link and not associated with the TCLRP prior to any subsequent incorporation into the CV Link project.

10. City agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as “also insured” on all liability insurance coverage required by City on each contract. City will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as “also insureds,” within 30 days of signing a contract with the prime contractor.

11. City agrees that any agreements between the City and third parties

relating to the project, including right of way agreements with the Riverside Flood Control and Water Conservation District, include provisions allowing them to be transferred to CVAG. City agrees that such transfers will occur at CVAG’s discretion.

12. Any dispute concerning a question of fact arising under this agreement that is not disposed of by voluntary negotiations between the Parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by the Parties. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit any Party’s rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse the City from full and timely performance in accordance with the terms of this agreement.

13. The City and CVAG mutually warrant that all aspects of the TCLRP shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. The Parties will execute and deliver to each other such further documents and do other acts and things as are reasonably requested in order to comply fully with all applicable requirements and to effect fully the purposes of this agreement.

14. This agreement may not be assigned by either Party without the express written consent of the other Party.

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15. The Parties and their successors in interest and assigns shall be bound

by all the provisions contained in this agreement.

16. No officer or employee of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by either Party or for any amount which may become due to either Party or to its successors, or for breach of any obligation of the terms of this agreement.

17. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding.

18. No officer or employee of either Party shall have any personal interest, direct or indirect, in this agreement; nor shall any such officer or employee participate in any decision relating to this agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law.

19. City warrants that the funds received by City pursuant to this agreement shall only be used in a manner consistent with CVAG’s reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this agreement.

20. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: If to CVAG: Tom Kirk, Executive Director Coachella Valley Association of Governments 73-710 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-1127 FAX No.: (760) 340-5949 If to CITY: David Ready, City Manager City of Palm Springs 3200 East Tahqutiz Canyon Way Palm Springs, CA 92262 Telephone: (760) 323-8299 FAX No.: (760) 323-8207 Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile

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machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.

21. This agreement sets out the entire agreement between the Parties, and is intended by the Parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this agreement, is null and void.

22. If any term, provision, condition, or covenant of this agreement, or the application thereof to any Party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.

23. In the event any Party hereto brings an action or proceeding for a declaration of the rights of the Parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys’ fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.

24. Time is of the essence in this agreement, and each and every provision hereof in which time is an element.

25. This agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, and State of California.

26. Each Party warrants that the execution, delivery and performance of this agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority.

27. This agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each Party hereto, each shall be deemed an original, but all of which constitute one and the same instrument.

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IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed by their duly authorized representatives on this date: ATTEST: CITY OF PALM SPRINGS By: ________________________________ By: __________________________ David Ready, City Manager Robert Moon, Mayor CVAG By: __________________________ Tom Kirk, Executive Director

ITEM 8a

Staff Report Subject: Status of I-10 Interchange Projects Contact: Eric Cowle, Transportation Program Manager ([email protected])

Recommendation: Receive and File Background: Attached is the latest status report for I-10 interchange projects as of 1/31/2017. Completed

1) Indian Canyon @ I-10 (Mar ‘12) 4) Monterey Avenue Ramp @ I-10 (Apr ’15) 2) Gene Autry/Palm Drive @ I-10 (Mar ’12) 5) Bob Hope/Ramon @ I-10 (Sep ’11) 3) Date Palm Drive @ I-10 (May ’14)

6) Jefferson Street @ I-10 Construction 87.6% complete; revised completion date 25 August 2017.

Portola @ I-10 Final PA & ED expected Fall 2017 for public distribution Monroe @ I-10 Project Study Report (PSR) completed. PA & ED initiated. Jackson @ I-10 Project Study Report (PSR) completed. PA & ED initiated. Ave 50 @ I-10 PS&E contract under way. Dillon Road @ I-10, @ SR86 Re-validating Preliminary Design and Environmental Document. Golf Center Parkway @ I-10 PSR on hold. FISCAL ANALYSIS: Funding for all of the interchange projects has been budgeted for through the project phase indicated, and secured through various funding sources so there is no additional fiscal impact.


Lead CVAG Funded Project Description Agency PEng ENV PSE ROW CON Through Status

InterchangesAvenue 50 @ 86S COA Environmental PA & ED underway

Avenue 50 @ I-10 COA PSE PS&E contract under way.

Jefferson @ I-10 COR Construction Const 87% complete; completion by September 2017.

Arterial LinksAve. 48 (fr. Jackson St. to Van Buren St.) COA Construction NEPA process ongoing. Construction anticipated winter of 2017

Ave. 50 (fr. Calhoun St. to Harrison St) COA Construction PA/ED under way

Coachella Traffic Signal Conversion COA Construction Construction underway.

North Indian Canyon Widening COR/DHS/PS Construction Currently in Design. Phase I paving completed.

Hwy. 111 (Rubidoux to 760' west of Madison St.) Indio Construction Plans are 95% complete, and project specifications are being prepared.

Jackson Street Signal Improvements Indio Construction Construction underway.

Madison St. (Ave 52 to Indio Blvd) Indio Construction Construction completed ahead of schedule.

Monterey Av. Corridor (fr. Gerald Ford to Dinah Shore) RM Construction Construction underway.

BridgesAvenue 66 Grade Separation over UPRR COR Construction Had NEPA clearance; may need to go back through design & env process

Avenue 44 Bridge over WWR Indio Construction Environmental approved. Currently under design (T.Y. Lin)

Avenue 50 Bridge over WWR COA Environmental Caltrans approved PES Mar 23; Hist, bio, air, noise, hydraulic studies submitted.

Cathedral Canyon Bridge CC Construction Prelim Eng complete. ROW certificate June 2016. Const Bid mid 2017.

Date Palm Bridge (Across WWR) CC Construction Design 100%. ROW certificate June 2016.

Dune Palms Bridge over WWR LQ Construction NEPA, CEQA clearances early 2017; RW May 2017; Const late/early 2018/19

Frank Sinatra Bridge over WWR RM Construction Awaiting Hydrology/Hydraulic report to move into final design. Constr 2019

South Palm Canyon Bridge over Tahquitz Creek PS PSE NEPA process nearing completion.

East Palm Canyon Drive Bridge over Palm Canyon Wash PS PSE Currently in Section 7 Consultation. Construction anticipated Summer 2019

Indian Canyon (fr. Garnet to & Incl. RR Crossing) PS Construction R/W negotiations nearing completion. Construction anticipated Spring '18.

Ramon Bridge Widening PS Construction Acquiring ROW; Const early 2018

Vista Chino Bridge over WWR PS Prelim Engin Initiating PSE Phase

Interchange Preparation Fund ProjectsPortola @ I-10 PD/COR Construction Final PA & ED expected Fall 2017 for public distribution

Golf Center Parkway @ I-10 Indio PSR PSR on hold.

Dillon Road @ I-10, SR86, WWR COA PSR Re-validating Preliminary Design and Environmental Document to comply w/NEPA

Jackson @ I-10 Indio PSR Amendments 2/3 being circulated for signatures.

Monroe @ I-10 Indio PSR Amendments 2/3 being circulated for signatures.

COR-County of Riverside; RM-Rancho Mirage; IW-Indian Wells; PD-Palm Desert, PS-Palm Springs; CC-Cathedral City; COA-Coachella LQ-La Quinta;

PEng=Preliminary Engineering; Env=Environmental; PSE=Plans, Specifications and Estimate; ROW=Right of Way; CON=Construction

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTSRegionial Arterial Program - Project Status Report

9/18/2017ITEM 8b

WORK LEAD CVAG CVAG CVAG COMMITTEDPROJECT DESCRIPTION ORDER NO. AGENCY AUTHORIZED EXPENDED FUNDS REMAINING

ARTERIAL LINKSJefferson Street and Varner Road (North of Interstate 10) 30142 INDIO 4,500,000 1,611,754 2,888,246Madison Street (fr. Avenue 52 to Indio Blvd.) 30194 INDIO 18,677,500 8,639,182 10,038,318SR-111 (between Rubidoux St. & 760' west of Madison St.) 30197 INDIO 5,070,000 1,002,510 4,067,490Date Palm Drive Impr. (I-10 and Varner Rd.) 30207 CC 2,337,000 464,134 1,872,866Avenue 48 (bet. Jackson St. & Van Buren St.) 30237 COACHELLA 991,500 83,066 908,434Traffic Signals Project 30260 COACHELLA 1,725,000 247,389 1,477,611Jackson Street Signal Improvements Project 30290 INDIO 2,655,900 183,473 2,472,427Portola Avenue (North of Gerald Ford Drive) PD 534,935 0 534,935 FVarner Road (Intersection Impr. at Ramon Rd.) COR 1,164,000 0 1,164,000 FVarner Road (fr. Ramon Rd. to Monterey Ave.) COR 1,870,758 0 1,870,758 FAirport Blvd. (fr. Harrison St. to Highway 111) COR 7,898,603 0 7,898,603 FFrank Sinatra Dr. Intersection @ Hwy. 111 RM 670,712 0 670,712 FMonterey Ave. Widening (Dinah Shore to Gerald Ford) RM 770,034 0 770,034 FPortola Avenue (Northwest of Fred Waring Drive) PD 600,000 0 600,000 FInterchange Improvement (I-10 and Avenue 50) COACHELLA 1,875,000 1,875,000Avenue 50 (bet. Calhoun St. & Harrison St.) COACHELLA 3,375,000 3,375,000North Indian Canyon Drive Widening COR 3,000,000 3,000,000Avenue 48 (bet. Van Buren St. and Dillon Road) COR 450,000 450,000Avenue 50 (bet. SR86 and I-10) COACHELLA 1,365,000 1,365,000Bicycle & Pedestrian Safety Program VARIOUS 10,000,000 10,000,000 Sub-Total - Arterial Links 69,530,942 12,231,507 57,299,435

BRIDGESCathedral Canyon Bridge 30076 CC 1,895,820 181,214 1,714,606Date Palm Drive Bridge 30077 CC 1,608,925 193,821 1,415,104Frank Sinatra Bridge over WWR 30088 RM 3,035,822 128,982 2,906,840Ramon Road Bridge Widening 30218 PS 8,146,500 592,684 7,553,816Indian Canyon (fr. Garnet to and incl. Railroad Crossing Bridge) 30235 PS 4,642,150 1,317,248 3,324,902Avenue 50 Bridge 30243 COACHELLA 1,108,500 290,492 818,008Avenue 56 Grade Separation 30247 COR 14,884,000 12,421,563 2,462,437Avenue 66 Grade Separation 30248 COR 12,597,417 2,241,399 10,356,018Gene Autry (fr. I-10 to Vista Chino incl. WWR & Railroad Bridge) 30350 PS 9,304,938 8,046,164 1,258,774Vista Chino Drive Bridge 30355 PS 8,172,375 107,911 8,064,464East Palm Canyon Drive Bridge (over Palm Canyon Wash) 30360 PS 1,109,611 25,715 1,083,896South Palm Canyon Bridge (over Tahquitz Creek Channel) 30365 PS 788,850 46,141 742,709Dune Palms Road Bridge 30445 LQ 3,369,000 154,963 3,214,037Avenue 44 Bridge INDIO 1,654,260 0 1,654,260 Sub-Total - Bridges 72,318,168 25,748,296 46,569,872

INTERCHANGESJefferson / I-10 Interchange 30192 COR 42,160,000 23,390,760 18,769,240Interchange Preparation Fund 30199 VARIOUS 14,049,239 5,126,987 8,922,252Avenue 50 / I-10 Interchange 30245 COACHELLA 2,300,768 1,244,551 1,056,217Dillon Road/I10 Interchange & Dillon Road/SR86S Interchange COACHELLA 149,239 0 149,239Portola / I-10 Interchange PD 54,075,000 0 54,075,000 Sub-Total - Interchanges 112,734,246 29,762,297 82,971,949

GRAND TOTAL $254,583,356 $67,742,101 $186,841,255

F - Future reimbursements.

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTSRegional Arterial Program - Contract Status Report

Report as at August 31, 2017ITEM 8c

WORK LEAD CVAG CVAGPROJECT DESCRIPTION ORDER NO. AGENCY AUTHORIZED EXPENDED EXCESS FUNDS

Completed Projects - Prior years 9,038,848 8,980,333 58,515Completed Small Projects 721,492 721,492 0

ARTERIAL LINKSCompleted Arterial Link Projects - Prior years 99,720,656 78,306,501 17,316,971Avenue 50 (fr. Jefferson St. to Jackson St.) 30239 INDIO 550,000 521,010 28,990Avenue 42 (fr. Golf Ctr. Pkwy. to Clinton St.) 30137 INDIO 5,000,000 3,763,076 1,236,924Miles (fr. WWR to Clinton) 30305 COR 22,425,000 22,299,654 125,346Vista Chino Drive (PSR) PS 375,000 (Project cancelled)Cook Street Widening (fr. Fred Waring to Frank Sinatra) 30176 PD 3,000,000 1,810,527 1,189,473Date Palm Drive Impr. (to and including Vista Chino Drive Intersection) 30209 CC 560,062 473,720 86,342Indian Avenue (between 20th Ave. and Dillon Road) DHS 8,547,562 (Project cancelled)SR-111 (Indian Wells) 30410 IW 12,730,337 9,432,795 3,297,542Monroe (fr. Ave. 52 to I-10) 30193 INDIO 11,925,025 10,547,633 1,377,392Washington Street / Highway 111 Intersection Improvements 30460 LQ 582,483 481,493 100,990Varner Road (fr. Adams to Jefferson) 30145 INDIO 7,209,235 5,265,370 1,943,865Fred Waring (Adams to Port Maria) 30168 COR 5,370,000 5,370,000 0 Sub-Total - Arterial Links 177,995,360 138,271,780 26,703,835

BRIDGESCompleted Bridge Projects - Prior years 23,496,200 20,922,484 2,573,716Dillon Road Grade Separation 30250 VARIOUS 2,880,854 1,153,582 1,727,272Adams Street Bridge 30450 LQ 2,414,035 2,414,035 0Indian Canyon Dr. (across White Water River Wash) 30370 PS 2,301,000 2,078,736 222,264Avenue 52 Grade Separation 30246 COACHELLA 6,215,625 6,215,625 0 Sub-Total - Bridges 37,307,714 32,784,462 4,523,252

INTERCHANGESCompleted Interchange Projects - Prior years 57,454,816 50,865,406 6,589,410Ramon / I-10 Interchange (Bob Hope to Varner) 30212 Caltrans 11,710,000 0 11,710,000 CRamon / I-10 Interim Loo p Ramp / Signal Project 30217 COR 100,000 100,000 0Bob Hope / Ramon / I-10 Interchange 30212 CALTRANS 5,215,000 963,855 4,251,145Date Palm / I-10 Interchange incl. Railroad Bridge 30210 VARIOUS 17,181,000 11,678,993 5,502,007Palm Dr. / Gene Autry / I-10 Interchange 30220 COR 25,931,000 5,997,056 19,933,944Indian / I-10 Interchange 30230 PS 3,142,835 2,604,198 538,637Monterey / I-10 Interchange 30180 PD 5,150,000 3,990,633 1,159,367 Sub-Total - Interchanges 125,884,651 76,200,141 49,684,510

MID-VALLEY PARKWAYMesquite (fr. GAT to Dinah Shore incl. Dinah Shore Bridge) 30060/70 PS/CC 15,246,583 14,520,220 726,363Dinah Shore (fr. Date Palm to Plumley) 30079 CC 780,928 780,928 0Dinah Shore (fr. Plumley to Bob Hope) 30080/82/83 MULTI 4,642,875 2,953,163 1,689,712Bob Hope (fr. Frank Sinatra to Dinah Shore) 30090 RM 1,969,000 1,141,365 827,635Airport Extension Stage II 30100 PS 2,641,600 2,635,916 5,684 Sub-Total - Mid-Valley Parkway 25,280,986 22,031,592 3,249,394

OTHERFeasibility Study (for Gene Autry/Vista Chino/Indian) 30050 PS 90,000 89,989 11 Sub-Total - Other 90,000 89,989 11

GRAND TOTAL $376,319,051 $279,079,789 $84,219,516

A - Advanced monies B - Local contributions of $200,000 by jurisdictions C- Funded by STIP

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTSRegional Arterial Program - Contract Status Report (Completed Projects)

Report as at August 31, 2017

ITEM 8d

CVAG JURISDICTION JAN FEB MAR APR MAY(JUN) JUN JUL AUG SEP OCT NOV(DEC) DECBlythe * ✓ - ✓ ✓ ✓ - - - -

Cathedral City * ✓ - ✓ ✓ ✓ - - - -

Coachella * ✓ - ✓ ✓ ✓ - - - -

Desert Hot Springs * ✓ - ✓ ✓ ✓ - - - -

Indian Wells * ✓ - ✓ ✓ ✓ - - - -

Indio * ✓ - ✓ ✓ ✓ - - - -

La Quinta * ✓ - ✓ ✓ ✓ - - - -

Palm Desert * ✓ - ✓ ✓ ✓ - - - -

Palm Springs * - ✓ ✓ ✓ - - - -

Rancho Mirage * ✓ - ✓ ✓ ✓ - - - -

Riverside County * ✓ - ✓✓ ✓✓ ✓ - - - -

Agua Caliente Band of Cahuilla Indians * - ✓ - - - -

Cabazon Band of Mission Indians * - - - - -

CVAG JURISDICTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECBlythe * ✓ - ✓ * ✓ - - - -

Cathedral City * ✓ - ✓ * ✓ - - ✓ - -

Coachella * ✓ - ✓ * ✓ - - ✓ - -

Desert Hot Springs * ✓ - ✓ * ✓ - - ✓ - -

Indian Wells * ✓ - ✓ * ✓ - - ✓ - -

Indio * ✓ - ✓ * ✓ - - ✓ - -

La Quinta * ✓ - ✓ * ✓ - - ✓ - -

Palm Desert * ✓ - ✓ * ✓ - - ✓ - -

Palm Springs * ✓ - ✓ * ✓ - - ✓ - -

Rancho Mirage * ✓ - ✓ * ✓ - - ✓ - -

Riverside County * ✓ - ✓ * ✓ - - ✓ - -

Agua Caliente Band of Cahuilla Indians * ✓ - ✓ * ✓ - - - -

Cabazon Band of Mission Indians * - * - - - -

Absent

No Meeting *

Scheduled Dark Month -

2017 EXECUTIVE COMMITTEE ATTENDANCE ROSTER

2017 TECHNICAL ADVISORY COMMITTEE ATTENDANCE ROSTER

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ITEM 8e

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ITEM 8f

Staff Report

Subject: “Look Both Ways” Public Safety Campaign Contact: Erica Felci, Governmental Projects Manager ([email protected])

Recommendation: Information Background: CVAG and its member agencies have committed to addressing the alarming rise of accidents involving pedestrians and cyclists. Earlier this year, CVAG set aside $10 million for

a new Bicycle and Pedestrian Safety Program that provides infrastructure improvements on regional roadways. At the same time, Transportation Committee Chairman Michael Wilson encouraged CVAG staff to engage with community partners in efforts that raised awareness about

roadway safety.

Over the summer, Caltrans District 8 coordinated with CVAG and other local agencies to create a bike and pedestrian safety campaign called “Look Both Ways.” The first phase of the campaign was unveiled in July, and the initial roll-out was supported by CVAG, the City of Palm Springs, Palm Springs Police Department, One-PS (a Palm Springs community organization), the California Highway Patrol, the Desert Regional Medical Center and Lamar Advertising. The awareness campaign launched with billboards encouraging motorists, pedestrians and bicyclists to “look both ways” and watch out for each other and themselves. The billboards feature pictures of cyclists and pedestrians with tire tracks across their faces, and slogans such as “You never know who you’ll run into” and “Pedestrians don’t come with airbags.” Lamar placed a total of five billboards and are located along Interstate 10 between Cabazon and Indio, one on Dinah Shore Drive (just east of Crossley Road) and one on State Route 62 near Twentynine Palms. Caltrans has also created a “Look Both Ways” brochure and a YouTube video. A press conference to kick-off the campaign was held on July 25 in front of Palm Springs City Hall. CVAG and other partners in the campaign have been promoting the message on social media as well. Caltrans plans to spread the “Look Both Ways” safety campaign throughout Riverside and San Bernardino Counties.

Fiscal Impact: There has been no cost to CVAG beyond staff time. Caltrans is the lead agency

on the public information campaign, and the billboards were provided by Lamar Advertising.

Attachment: “Look Both Ways” brochure


https://www.youtube.com/watch?v=45CK4VeTR6I

The California Department of

Transportation (Caltrans) District 8, in

conjunction with local partners, has

launched a pedestrian safety campaign

called Look Both Ways. The

campaign is targeting all users of the

highway system. Motorists, pedestrians

and bicyclists are being encouraged to

Look Both Ways.

Pedestrian-involved accidents have

increased over the last few years due

to several factors, such as increased

traffic, increased population, and

distracting cell phone usage by

motorists and pedestrians. The

campaign reminds everyone to be

more cautious and always watchful for

people moving around you while you

are on the road – whether you are

walking, driving or riding your bike!

About UsResources• For helpful tips to keep your children safe

as a pedestrian https://www.safekids.org/tip/

pedestrian-safety-tips

• Research and statistics on pedestrians https://icsw.nhtsa.gov/nhtsa/

everyoneIsAPedestrian/

• Learn about the dangers of being a

pedestrian and who is at risk https://www.cdc.gov/features/pedestriansafety/

• Pedestrian and Bicycle Information Center http://www.pedbikeinfo.org/community/

tips_pedestrian.cfm

• Find more helpful information at http://www.ots.ca.gov/Media_and_Research/

Campaigns/Ped_Safety/

caltrans8.info/twitter.com/caltrans8facebook.com/caltrans8

It’s a two-way street. Drivers and pedestrians must work together to

demonstrate safe behaviors on the road, helping to protect themselves and

those around them.

2015 Crisis Proportions

813

12,0007,000

25%

pedestrians killed on California roadways.

people died in pedestrian-related trafficincidents in California between 2006-2015.

pedestrians injured.

of all roadway deaths in California arepedestrian fatalities.

70%

California’spedestrian fatality rate

is almost

higher than the national

average.

No state has more pedestrian deaths on its roadways than California.And it is growing every year.

• Cross the street at marked crosswalks

and intersections.

• Before crossing, look left, right, then

left again.

• Use pedestrian pushbuttons.

• Begin crossing the street on “Walk”

signal.

• Stay visible after dark and in bad

weather: wear bright colors and carry a

flashlight.

• Watch out for trucks and buses

backing out of parking spaces and

driveways.

• Obey all regulatory signs and traffic

lights.

• Never ride against traffic. Ride with

traffic to avoid potential crashes.

• Use hand signals to tell motorists what

you intend to do.

• Ride in a straight line at least a car

door’s width away from parked cars.

• Always wear a helmet. Helmets

dramatically reduce the risk of head

injury in a bicycle crash.

• Use lights at night and when visibility

is poor.

• Stop for pedestrians at crosswalks.

• Slow down and obey the posted speed

limit.

• Yield to pedestrians and cyclists when

turning.

• Look before opening your door.

• Be careful when passing stopped

vehicles.

• Allow 3 feet when passing bicyclists.

• Stop at the crosswalk stop line to give

drivers in other lanes an opportunity to

see and yield to pedestrians too.

• Be cautious when backing up –

pedestrians, especially young children,

can move across your path.

ITEM 8g

Staff Report

Subject: Update on Property Assessed Clean Energy (PACE) Programs Contact: Benjamin Druyon, Management Analyst ([email protected]) Recommendation: Informational only. Background: Property Assessed Clean Energy (PACE) programs continue to grow in popularity. The Coachella and Palo Verde Valleys now have eight active PACE providers operating under CVAG’s oversight. The attached CVAG PACE Report illustrates current numbers for PACE providers in the Coachella and Palo Verde Valleys who have completed projects. The pie chart shows total funds disbursed for PACE projects by city from all PACE vendors. Newer PACE providers are still gearing up so most projects are funded by Ygrene or HERO. This report will be updated regularly as more PACE providers begin to complete projects in our region. Some committee members asked staff to report on any issues or concerns brought to CVAG’s attention regarding PACE programs. In general, there are very few concerns reported. The issues that have been brought to CVAG’s attention concern contractors who have either been providing misinformation about how PACE programs work and how these assessments are to be repaid, or a disagreement between the property owner and the contractor on work that has been performed. Misinformation or lack of information by contractors promoting a PACE program is an ongoing statewide issue that all PACE programs are aware of and are trying to improve. To address these statewide concerns, there is a new Senate Bill (242) being introduced by Senator Skinner which will mandate Consumer Protection Policies statewide. This bill would state that it is the intent of the Legislature, in order to ensure that PACE programs continue to effectively meet their public purposes, to enact legislation to enhance the requirements, guidelines, and procedures to which PACE programs administered by 3rd parties must conform. CVAG’s Executive Committee has already adopted Consumer Protection Policies and CVAG requires the same of any new PACE provider that enters into an agreement with CVAG. Several property owners have visited CVAG’s office seeking clarification on their payments and when they would be due. CVAG staff was able to answer all inquiries to the property owners’ satisfaction. As always, please contact CVAG staff if there are any PACE issues or concerns that are brought to your attention and we will address them. Fiscal Analysis: There is no financial impact to CVAG from these programs. CVAG’s staff time spent on each program is recovered by a participation fee collected from each program. Attachments:

1) CVAG PACE Report


Attachment 1

- Updated on September 6, 2017

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EXECUTIVE COMMITTEE AGENDAEXECUTIVE COMMITTEE AGENDA MONDAY, SEPTEMER 25, 2017 4:30 p.m. CVAG...

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