EXECUTIVE COMMITTEE AGENDA - Welcome to CVAG€¦ · EXECUTIVE COMMITTEE AGENDA MONDAY, JUNE 26, 2017 ... Chief Planning & Development Officer ... Chris Gregory US Fish and Wildlife

EXECUTIVE COMMITTEE

AGENDA

MONDAY, JUNE 26, 2017 4:00 p.m.

Miramonte Indian Wells Resort & Spa

75000 Indian Wells Lane Indian Wells, CA 92210

For information call: (760) 346-1127

THIS MEETING IS HANDICAPPED ACCESSIBLE.

ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA.

1. CALL TO ORDER (Chair Dana Reed, Councilmember, City of Indian Wells) 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 May 15, 2017 Special Executive Committee Minutes P5

B. Approve June 14, 2017 Executive Committee Minute P15

C. Receive and File the Latest Correspondence from Former CVAG Executive P23

Director Regarding the Highway 111 project in the City of Indian Wells D. Approve Amendment No. 1 to Reimbursement Agreement Between CVAG and P26

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 P30 Months

F. Authorize Executive Director to Enter into Agreement Between Riverside County P32

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

6.1 ITEM(S) HELD OVER FROM CONSENT CALENDAR 7. DISCUSSION / ACTION A. 2017 Nomination Committee Recommendation – Tom Kirk P65

Recommendation: 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.

B. Resolution No. 17-005 adopting CVAG’s 2017/2018 Fiscal Year Annual Budget, P66 Salary Schedule, and Allocated Positions – Gary Leong

Recommendation: Approve Resolution No. 17-005 adopting CVAG’s 2017/2018 Fiscal Year Annual Budget, Salary Schedule, and Allocated Positions.

C. Contract for West Valley Housing Navigation Program Addressing Homelessness P68 – Cheryll Dahlin

Recommendation: 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; and 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.

D. Community Choice Aggregation Update and Joint Powers Agreement – Katie P97 Barrows Recommendation: 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.

E. 2017 CVAG Bicycle and Pedestrian Safety Program – Eric Cowle P127

Recommendation: Approve ten project applications submitted for the CVAG 2017 Bicycle and Pedestrian Safety Program, and authorize Staff to negotiate the corresponding Reimbursement Agreements.

F. Creation of the CV Link Oversight Committee – Erica Felci P161

Recommendation: Approve Resolution No 17-006 to establish a CV Link Oversight Committee.

8. INFORMATION

a) Status of I-10 Interchange Projects P167

b) CVAG Regional Arterial Program - Project Status Report P168

c) Executive Committee Attendance Roster P169

d) 2017/18 Schedule of CVAG Meetings P170

e) Letter outlining the Planned Scope and Timing of the Audit for Fiscal Year Ended P171 June 30, 2017, pursuant to Statements on Auditing Standards No. 114 (SAS 114)

f) Correspondence to Rancho Mirage Proposing Modified CV Link P174

g) Salton Sea Workshop Information P178

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

Jurisdiction Members Non-Voting Members

City of Blythe Joseph De Coninck Mayor

Peter Cosentini 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, Chair

Councilmember

Wade McKinney, TAC Chair

City Manager

City of Indio Elaine Holmes Mayor

Dan Martinez 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

Vice Chair

Brian Nestande, TAC Vice Chair

Deputy 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 MAY 15, 2017 PAGE 1

1. CALL TO ORDER

The May 15, 2017 Special Executive Committee meeting was called to order at 6:00 p.m. by Chair Dana Reed, City of Indian Wells, at Palm Desert Council Chamber, City Hall, in Palm Desert.

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 Mayor Steven Hernandez City of Coachella Mayor Scott Matas City of Desert Hot Springs Councilmember Dana Reed City of Indian Wells Mayor Pro Tem Mike Wilson City of Indio 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 V. Manuel Perez County of Riverside 4th District Chief of Staff Jaime Hurtado County of Riverside 5th District 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 Tribal Chair Jeff Grubbe Agua Caliente Band of Cahuilla Indians Tribal Chair Douglas Welmas Cabazon Band of Mission Indians NON-VOTING MEMBERS PRESENT AGENCY Peter Cosentini City of Blythe Pat Milos City of Cathedral City Bill Pattison City of Coachella Luke Rainey City of Desert Hot Springs Dan Martinez City of Indio

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


Frank Spevacek City of La Quinta Lauri Aylaian 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 John Anselm Anthony Alvarez Desert Recreation District M. Arcoli Areaol Rosario Avila Cathedral City Resident Ken Battle Palm Desert Resident Joanna Belaños Cathedral City Resident Rick Berg Palm Springs Resident Robert Brassfield Rancho Mirage Resident Tom Burks Jennifer Calleros Cathedral City Resident Livi Calleros Cathedral City Resident Wendy Campbell La Quinta Resident Cindy Cole Rancho Mirage Resident Kevin Cole Rancho Mirage Resident Leticia Collins Friends of CV Link Austin Coulter Desert Critical Mass Steve Coulter Palm Desert Resident Deiter Crawford Palm Springs Resident C. Cross Palm Desert Cycling Nancy DeLuna Amanda Dorta Palm Desert Resident Patrick Dugan Rancho Mirage Kathleen Emerson Palm Desert Resident Mack Emerson Palm Desert Resident Carol Faselli Palm Desert Resident Jean Fidelgo Rancho Mirage Resident Vic Gainer Friends of CV Link David Gassaway City of Indian Wells Douglas Goldfarb Rancho Mirage Resident Paula Goldfarb Rancho Mirage Resident Chris Gregory US Fish and Wildlife Service James Griswold Rancho Mirage Resident Esperanza Guzman Lideres Campesinas Allan Haeberle La Quinta Resident Vicki Haeberle La Quinta Resident Isaiah Hagerman City of Rancho Mirage Dr. Chris Hancock Desert Doctors Bob Hargreaves Cathedral City Resident Hasan Ikhrata Southern California Association of Governments Monica Hayes Palm Desert Resident Betsie Hewitt Palm Desert Resident Les Hewitt Palm Desert Resident Andrew Hirsch Palm Springs Resident


Clapa Hopkins Friends of CV Link Tom Horne Rancho Mirage Resident Beverly Iron Dr. Katrina John Indian Wells Resident Sarah Johnson Neil Johnson Palm Desert Resident Mayor Pro Tem Sabby Jonathan City of Palm Desert Wendy Jonathan Desert Sands Unified School District Louise Kermode Palm Desert Resident Emily Kincaid Friends of CV Link Hilton Kincaid Friends of CV Link Mayor Pro Tem Richard Kite City of Rancho Mirage Thomas Kohn Friends of CV Link David La Porta Rancho Mirage Resident Max Lara Desert Critical Mass Patricia Leal Leadership Counsel Alec Longmuir Gary Lueders Friends of CV Link Nathan Mach Salton Sea Triatholon Mariela Magaña Leadership Counsel Jenness McBride Cathedral City Resident Scott McKelvey Palm Desert Resident Lisa Middleton Palm Springs Resident Angela Miller Rancho Mirage Resident Jeff Miller Rancho Mirage Resident Jim Miringoff Palm Desert Resident Councilmember Gina Nestande City of Palm Desert Anna Nevenic Palm Springs Resident Marvin Norman Inland Empire Biking Alliance Bryan Newman Pedego Electric Bikes David O’Donnell Arvin Ocampo Desert Critical Mass Diane Oliver Palm Desert Resident Pam Orr Cathedral City Resident Richard Orr Cathedral City Resident Gerald Pease Pease Chiropractic Christina Peña Palm Desert Resident Mindy Reed Palm Springs Resident Murray Quance CVAG Volunteer Paul Quill La Quinta Resident Manuel Ramirez Lideres Campesinas Mariel Ramirez Lideres Campesinas Yesenea Ramos Lideres Campesinas Daniel Recklah Naran Reitman Palm Desert Chamber Henry Rice La Quinta Resident John Ritter Cathedral City Resident Rodnee Ritter Cathedral City Resident Linda Rivest Palm Desert Resident Randy Roberts Palm Desert Resident Jay Rockbank Palm Desert Resident


Noelle Roman Cathedral City Resident Rich Ronzella Rany Rotseah Palm Desert Resident Jim Rothblatt Friends of CV Link Manuel Salas Indio Resident Councilmember Steve Sanchez City of La Quinta Ed Schiller Friends of CV Link T. Scott Palm Desert Resident Laren Segara Mary Settle Coachella Valley Hiking Club Michael Shovlin La Quinta Resident Steven Sims Go Bike USA Councilmember Iris Smotrich City of Rancho Mirage Dr. Christopher Snyah Cheryl Stark Palm Desert Resident John Stark Palm Desert Resident Ryan Stendell City of Palm Desert Leo Sullivan Cathedral City Resident Mary Lou Suter Rancho Mirage Resident Bob Terry People Over Pollution Shana Tooley Bane Tolseas Palm Desert Resident Brian Torsnoi Palm Desert Resident Evan Trubee Big Wheel Tours Nguyer T.Q. Van Debra Vogler John Vogler Joyce Virture Rancho Mirage Resident Barry Williams Rocky Wood Bike Palm Springs Gary Wright Palm Desert Resident Brian Yaklich Palm Springs Resident Victor Yepello Palm Springs Bike Coalition STAFF PRESENT Tom Kirk Gary Leong Martin Magaña Katie Barrows Jim Sullivan LeGrand Velez Cheryll Dahlin Erica Felci Lance Albrecht Joanna Stueckle Toni Eggebraaten CVAG Legal Counsel

3. PLEDGE OF ALLEGIANCE

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



In the interest of time, Chair Reed moved this item to follow Item 6 – Public Comments without objection.

5. CERTIFICATION OF THE CV LINK FINAL ENVIRONMENTAL IMPACT REPORT AND

APPROVAL OF PROJECT – LeGrand Velez

Tom Kirk thanked the City of Palm Desert for the use of the Council Chamber and proceeded to explain the process of the public meeting to consider the certification of the CV Link Environmental Impact Report (EIR). Mr. Kirk introduced LeGrand Velez. Mr. Velez presented the staff report, including the presentation of project history. It was pointed out that Spanish translation services are available. Public testimony began at 6:25 p.m. The following public testimony was received: Hasan Ikhrata, SCAG Executive Director, expressed strong support for the CV Link project by SCAG and the SCAG Regional Council, made up of 109 city representatives. David Gassaway, City of Indian Wells, spoke on behalf of the City of Indian Wells. Mr. Gassaway indicated the City believes their comments have not been addressed. Vic Gainer, Friends of CV Link, spoke in support of the project for a variety of reasons including the CV Link being an attraction that will bring people to the Coachella Valley and a way to address the improvement of health. Anna Nevenic, Palm Springs resident, expressed opposition to the project, indicating that she believed few people would use the path and that the Coachella Valley should focus on a rail system. Victor Yepello, Palm Springs Bike Coalition and Coachella Valley Bicycle Coalition, spoke in favor of the project indicating that the CV Link will save lives as it provides safety to its users. Randy Roberts, Palm Desert resident, spoke in opposition to the project for a variety of reasons, including his belief that it would be dangerous to have Neighborhood Electric Vehicles (NEVs) sharing the path with pedestrians. Leticia Collins, spoke in favor of the project, indicating that she saw no downside to the project and that the CV Link provided a safe place for those with physical disabilities. Gary Lueders, Friends of CV Link, spoke in support of the project for safety reasons and cited statistics involving cycling deaths in the Coachella Valley. Louise Kermode, Palm Desert Resident, expressed opposition to the project, discussing operations and maintenance costs (O&M) and indicated that she supported Palm Desert allowing the issue to go to the voters.


Scott McKelvey, Palm Desert resident, spoke in favor of the CV Link and indicated compromises were made in planning the project and that, though there wasn’t unanimous support, there was clear majority support. Jim Rothblatt, Friends of CV Link, welcomed newly appointed Supervisor V. Manuel Perez and discussed his many years of cycling in the Coachella Valley. Mr. Rothblatt encouraged CVAG to keep up the good work. Allan Haeberle, La Quinta resident, spoke in support of the project, and asked that call boxes be considered to access emergency services. Cheryl Stark, Palm Desert resident, expressed her opposition to the project and encouraged the City of Palm Desert vote on the project. Lisa Middleton, Palm Springs resident, spoke in support of the project, indicating this was a public safety issue, stressing the inequality of a matchup between cyclist and a car on roads. Jack Ritter, Palm Desert resident, opposed the project due to NEVs and pedestrians sharing the pathway. Andrew Hirsch, Palm Springs resident, opposed the project and questioned air quality claims. Bob Terry, People Over Pollution, spoke in opposition of the project, adding that the project would be approved despite the opposition. Joyce Virture, Rancho Mirage resident, spoke in opposition of the project and encouraged a Coachella Valley vote on CV Link. Naran Reitman, Palm Desert Chamber, spoke in support of the CV Link, indicating that the Jefferson Street project wasn’t put to a vote and encouraged the Executive Committee to approve the EIR. Mary Lou Suter, Rancho Mirage resident, supported the CV Link project going to the voters and stated that she did not support the use of Measure A for the project. Mary Settle, Coachella Valley Hiking Club, encouraged support of the EIR and discussed her use of trails around the world, adding that the CV Link was safe and effective. Rocky Wood, Bike Palm Springs, spoke in favor of the project and it’s potential to attract tourists to the Coachella Valley. Jim Miringoff, spoke in support of Palm Desert allowing a vote to consider the CV Link. Linda Rivest, Palm Desert resident, indicated that she was 100% in favor of the CV Link. James Griswold, Rancho Mirage resident, spoke in favor of CV Link, stating that the project will encourage more people to get active, while increasing tourism in the Coachella Valley.


Dr. Chris Hancock, Desert Doctors, indicated that the CV Link is a public service project that will increase a healthier lifestyle and encouraged a positive vote from members. Tom Horne, Rancho Mirage resident, spoke in favor of the project, expressing his disappointment in his Council and encouraged members to think beyond themselves. Debra Vogler, Palm Desert resident, indicated the CV Link was a nice project and discussed a project in another community. Hilton Kincaid, Friends of CV Link and La Quinta resident, spoke in favor of the project for safety reasons and looks forward to his wife being able to ride on the project safely. Jeff Miller, Rancho Mirage resident, opposed the project, stating that the bigger health issue is the Salton Sea and said that the CV Link will cost too much money. Paul Quill, La Quinta resident, spoke in favor of the project, adding that he agreed completely with statements made by supporters and stressed the positive impact on health. Rosario Avila, Cathedral City resident, opposed the CV Link, stating approval of the EIR was a disservice to the community. Douglas Goldfarb, Rancho Mirage resident, spoke in support of the project, indicating that the CV Link will improve business in the Coachella Valley. Rick Berg, Palm Springs resident opposed the project, suggesting CV Link funding could be spent elsewhere. David La Porta, Rancho Mirage resident, spoke in support of the project and disagreed with the decisions made by Rancho Mirage and Indian Wells to not participate. Evan Trubee, Big Wheel Tours, spoke in support of the CV Link and indicated that he has seen tremendous growth in tourism, adding that you can’t go wrong with adding to the infrastructure of the Coachella Valley. Mariela Magaña, Leadership Counsel, spoke in opposition of the project, indicating that this was a tourism project that didn’t consider the workforce of the tourism industry and asked members to take a closer look at maintenance. Thomas Kohn, Friends of CV Link, thanked the Executive Committee for the opportunity to discuss the project and urged members move forward with the CV Link. Patricia Leal, Leadership Counsel, spoke in opposition of the project, indicating that areas of the east valley do not benefit from the CV Link. Deiter Crawford, Palm Springs resident, supported the CV Link and discussed ways it will benefit the Coachella Valley. Brian Torsnoi, Palm Desert resident, encouraged a vote of the residents.


Amanda Dorta, Palm Desert resident, spoke in favor of the project, expressing her excitement in the approval of the CV Link as it will stimulate the Coachella Valley’s economy. Nathan Mach, Salton Sea Triathlon Club, spoke in support of the project, suggesting there would be many benefits because of the CV Link. Austin Coulter, Desert Critical Mass, spoke in support of the CV Link, adding that as a cyclist, it would be much safer to stay off of Highway 111 and Fred Waring Drive. Max Lara, Desert Critical Mass, spoke in favor of the project due to the safety aspects of CV Link. Manuel Salas, Indio resident, spoke in support of the project, adding that it will encourage a safe pedestrian option. Arvin Ocampo, Desert Critical Mass, spoke in support of the CV Link indicating that the path would make it possible to travel through the valley safely and without a car. Brian Yaklich, Palm Springs resident, spoke in support of the project indicating that the CV link will encourage the coming together of people as a community and revitalize the community. Robert Brassfield, Rancho Mirage resident, thanked the Executive Committee for the forum, adding that he supported the CV Link as it encouraged a culture of wellness. Steven Sims, Go Bike USA, stated that cyclists needed a break from the monotony and ways to ride safely into neighborhoods. Kevin Cole, Rancho Mirage resident, encouraged the Executive Committee to not miss this great opportunity and approve the CV Link. Dr. Katrina John, Indian Wells resident, spoke in support of the CV Link, adding that though she had cycled in many areas of the world, she feared riding her bike in the Coachella Valley and discussed many benefits of the project. Bryan Newman, Pedego Electric Bikes, spoke in support of CV Link and indicated that it will meet the needs of many different groups. Marven Norman, Inland Empire Biking Alliance, spoke in favor of the CV Link and encouraged CVAG to start phase 2 and work on the connectivity. Mindy Reed, Palm Springs resident, thanked the Executive Committee members for the meeting and the Palm Springs City Council for voting to support CV Link. Ms. Reed supports the project and discussed safety aspects of the project. Wendy Jonathan, Desert Sands Unified School District (DSUSD), was called to the podium. Ms. Jonathan was unable to stay to give comments, however turned in her speaker card with her comments on it. Chair Reed read her statement which indicated DSUSD support of CV Link and indicated the Board sent a letter of support to CVAG.


Christina Peña, Palm Desert resident, spoke in support of the project as it will make cycling safer. Public testimony closed at 8:05 p.m. A ten-minute break was taken. The Executive Committee reconvened at 8:15 p.m. Chair Reed invited Mr. Velez to the podium to give staff’s response. Mr. Velez gave a report on the number of responses CVAG received and included with the staff report, including the letter CVAG received just prior to the public meeting from the City of Rancho Mirage. Mr. Velez introduced the team working on the CV Link EIR, which included John Criste and Nicole Criste, Terra Nova Planning and Research; Deven Young, Alta Planning and Design; and Charity Schiller, Best, Best & Krieger (BB&K). Members of the team presented their individual responses to questions not included in the EIR response. Executive Committee member discussion ensued. Marcus Fuller, City of Palm Springs, requested the Executive Committee members consider a City of Palm Springs’ request for an amendment to the staff recommended motion to include the alignment variations on both the east and west sides of North Palm Canyon Drive. Mr. Kirk requested that the proposed City of Palm Springs amendment be conditional upon identification of outside funding for the bridge (associated with the west side alignment). IT WAS MOVED BY MAYOR PRO TEM WILSON AND SECONDED BY MAYOR EVANS TO APPROVE THE FOLLOWING AS AMENDED: 1) ADOPTION OF RESOLUTION 17-003 CERTIFYING THE FINAL

ENVIRONMENTAL IMPACT REPORT (SCH #2013111050) FOR THE CV LINK PROJECT; ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM.

2) ADOPTION OF RESOLUTION 17-004 APPROVING CV LINK ALTERNATIVE

1, AS MODIFIED, INCLUDING THE WEST SIDE ALIGNMENT ON NORTH PALM CANYON DRIVE CONTINGENT UPON OUTSIDE FUNDING FOR THE BRIDGE OVER HIGHWAY 111 AT CHINO WASH; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS.

THE MOTION CARRIED WITH 10 AYES, 1 NAY, 1 ABSTAINSTION AND 5 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE


COUNCILMEMBER REED ABSTAIN 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 AYE CHIEF OF STAFF HURTADO AYE TRIBAL CHAIR GRUBBE ABSENT TRIBAL CHAIR WELMAS ABSENT

6. PUBLIC COMMENTS

None. 4. EXECUTIVE COMMITTEE / DIRECTOR COMMENTS

None.

7. ANNOUNCEMENTS

Upcoming Meetings at 73-710 Fred Waring Drive, Suite 119, Palm Desert: Technical Advisory Committee – Monday, June 12, 2017 at 11:00 a.m. Executive Committee– Monday, June 5, 2017 at 4:30 p.m. Upcoming Meeting of General Assembly: General Assembly – Monday, June 26, 2017 at 6:00 p.m. at Miramonte Resort & Spa, 45000 Indian Wells Lane, Indian Wells

10. ADJOURNMENT There being no further business, Chair Reed adjourned the meeting at 9:32 p.m.

Respectfully submitted,

Joanna Stueckle

Joanna Stueckle Executive Assistant

EXECUTIVE COMMITTEE MINUTES OF JUNE 5, 2017 PAGE 1

1. CALL TO ORDER

The June 5, 2017 Executive Committee meeting was called to order at 4:30 p.m. by Chair Dana Reed, City of Indian Wells, at CVAG Conference room, Suite 119, in Palm Desert.

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 Mayor Steven Hernandez City of Coachella Mayor Scott Matas City of Desert Hot Springs Councilmember Dana Reed City of Indian Wells Mayor Elaine Holmes City of Indio (Arrived during Item 4) 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 V. Manuel Perez County of Riverside 4th District (Arrived during Item 4) Chief of Staff Jaime Hurtado County of Riverside 5th District 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 Tribal Chair Jeff Grubbe Agua Caliente Band of Cahuilla Indians Tribal Chair Douglas Welmas Cabazon Band of Mission Indians NON-VOTING MEMBERS PRESENT AGENCY Mayor Pro Tem Greg Pettis City of Cathedral City/SCAG Regional Council Mayor Pro Tem Mike Wilson City of Indio/SCAG Regional Council Peter Cosentini City of Blythe Charlie McClendon City of Cathedral City Bill Pattison City of Coachella Chuck Maynard City of Desert Hot Springs

ITEM 6B

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

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


Wade McKinney City of Indian Wells Dan Martinez City of Indio Frank Spevacek City of La Quinta Lauri Aylaian City of Palm Desert Davie Ready City of Palm Springs Randy Bynder City of Rancho Mirage Brian Nestande County of Riverside OTHERS PRESENT AGENCY Mike Adams Rancho Mirage Resident David Bryant City of Rancho Mirage Donna Craig Desert Healthcare District John Dorado Advantec Mayor Pro Tem Sabby Jonathan City of Palm Desert Jesse Marx The Desert Sun Deborah McGarry Southern California Gas Councilmember Ted Mertens City of Indian Wells DeeAnn Nichols Rancho Mirage Resident Larry Nichols Rancho Mirage Resident Carlos Ortiz Advantc Councilmember Ty Peabody City of Indian Wells Mark Sambito City of Rancho Mirage Herb Schultz Desert Healthcare District Lauren Skiver SunLine Transit Agency Joan Taylor Sierra Club Councilmember Ted Weill City of Rancho Mirage Dr. Jennifer Wortham Desert Healthcare District STAFF PRESENT Tom Kirk Gary Leong Martin Magaña Katie Barrows Jim Sullivan LeGrand Velez Eric Cowle Cheryll Dahlin Ben Druyon Erica Felci Lance Albrecht 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

Ty Peabody, Indian Wells Councilmember, distributed and discussed a written response to the Personnel Committee, which had responded to statements he made at the April 24, 2017 Executive Committee meeting. Councilmember Peabody indicated that he felt the Committee’s letter was inappropriate.


Councilmember Dana Hobart discussed Measure A and the CV Link path plans. Tom Kirk announced that item 7B regarding the proposed CVAG budget, should have listed the fiscal year 2017/2018 rather than 2016/2017. Mr. Kirk also announced that items 7E and 7F were added to the agenda prior to the 72-hour Brown Act requirement. Mr. Kirk indicated that the Jefferson Street interchange was close to completion and that plans were in process for a ribbon cutting celebration during August. Mr. Kirk introduced Dr. Jennifer Wortham, Desert Healthcare District Director and Desert Healthcare District CEO Herb Schultz to the Executive Committee, as members are being asked to add a District member to the Homelessness Committee.

6. CONSENT CALENDAR

Mayor Harnik pulled item 6B for discussion.

IT WAS MOVED BY MAYOR HARNIK AND SECONDED BY MAYOR HOLMES TO:

A. APPROVE APRIL 24, 2017 EXECUTIVE COMMITTEE MINUTES

B. Approve Having a Desert Healthcare District Board Director as a Voting Member of the CVAG Homelessness Committee – This item was pulled for discussion.

C. APPROVE AMENDMENT NO. 2 TO EXTEND THE CONTRACT WITH KJSERVICES ENVIRONMENTAL CONSULTING TO CONTINUE 2015/2017 WASTE TIRE AMNESTY GRANT PROGRAM, FOR ONE ADDITIONAL YEAR FROM SEPTEMBER 30, 2016 TO SEPTEMBER 30, 2017.

THE MOTION CARRIED WITH 12 AYES AND 5 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR HOLMES AYE MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE


SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ AYE CHIEF OF STAFF HURTADO AYE TRIBAL CHAIR GRUBBE ABSENT TRIBAL CHAIR WELMAS ABSENT

6.1 ITEM(S) HELD OVER FROM CONSENT CALENDAR A. APPROVE HAVING A DESERT HEALTHCARE DISTRICT BOARD DIRECTOR AS A

VOTING MEMBER OF THE CVAG HOMELESSNESS COMMITTEE

Mayor Harnik asked that this item be pulled from the agenda for discussion. A brief discussion ensued about CVAG’s role in addressing homelessness.

IT WAS MOVED BY MAYOR HARNIK AND SECONDED BY MAYOR EVANS TO APPROVE HAVING A DESERT HEALTHCARE DISTRICT BOARD DIRECTOR AS A VOTING MEMBER OF THE CVAG HOMELESSNESS COMMITTEE.

THE MOTION CARRIED WITH 12 AYES AND 5 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR HOLMES AYE MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ AYE CHIEF OF STAFF HURTADO AYE TRIBAL CHAIR GRUBBE ABSENT TRIBAL CHAIR WELMAS ABSENT

7. DISCUSSION / ACTION A. Nominating Committee – Tom Kirk

Mr. Kirk presented the staff report. Brief member discussion ensued. IT WAS MOVED BY MAYOR HARNIK AND SECONDED BY MAYOR EVANS TO APPOINT CHAIR DANA REED, MAYOR STAN HENRY, AND MAYOR JAN HARNIK TO SERVE AS THE NOMINATION COMMITTEE THAT WILL CONSIDER THE FY 2017/18 CVAG CHAIR AND VICE CHAIR. THE MOTION CARRIED WITH 12 AYES AND 5 MEMBERS ABSENT.


MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR HOLMES AYE MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSEN SUPERVISOR PEREZ AYE CHIEF OF STAFF HURTADO AYE TRIBAL CHAIR GRUBBE ABSENT TRIBAL CHAIR WELMAS ABSENT

B. Proposed FY 2017/18 Budget – Gary Leong

Gary Leong presented the FY 2017/18 proposed CVAG budget. Supervisor Perez requested a PowerPoint presentation be included with future staff reports. No action was taken.

C. Resolution of Support for the Salton Sea – Katie Barrows

Katie Barrows presented the staff report. One public comment was received. Joan Taylor, Sierra Club, spoke in support of the item. A brief discussion ensued among members.

IT WAS MOVED BY MAYOR EVANS AND SECONED BY MAYOR HARNIK TO AUTHORIZE THE CHAIR TO SIGN RESOLUTION 17-003 SUPPORTING A FULLY-FUNDED SALTON SEA PHASE 1 10-YEAR PLAN. THE MOTION CARRIED WITH 12 AYES AND 5 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR HOLMES AYE MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSEN


SUPERVISOR PEREZ AYE CHIEF OF STAFF HURTADO AYE TRIBAL CHAIR GRUBBE ABSENT TRIBAL CHAIR WELMAS ABSENT

D. Status of Regional Traffic Signal Synchronization Project and Recommendation

– Eric Cowle Eric Cowle presented the staff report. Member discussion ensued. Carlos Ortiz, Advantec, gave a presentation and responded to member questions. IT WAS MOVED BY MAYOR HENRY AND SECONDED BY MAYOR EVANS TO APPROVE THE TOP TWENTY-ONE (21) PRIORITIZED CORRIDORS AND INCLUDE THE FORTY-NINE (49) UN-PRIORITIZED CORRIDORS IN THE REGIONAL SIGNAL SYNCHRONIZATION PROGRAM; AND DIRECT STAFF TO WITH CITY STAFF ON ANY MINOR ADJUSTMENTS. THE MOTION CARRIED WITH 12 AYES AND 5 MEMBERS ABSENT. MAYOR DECONINCK AYE MAYOR HENRY AYE MAYOR HERNANDEZ AYE MAYOR MATAS AYE COUNCILMEMBER REED AYE MAYOR HOLMES AYE MAYOR EVANS AYE MAYOR HARNIK AYE MAYOR MOON AYE COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSEN SUPERVISOR PEREZ AYE CHIEF OF STAFF HURTADO AYE TRIBAL CHAIR GRUBBE ABSENT TRIBAL CHAIR WELMAS ABSENT

7E. Authorization for an Investigation Regarding Subittal of False Information for the June 2016 Active Transportation Program $24 Million Grant Application – Erica Felci

Erica Felci presented the staff report which had been added to the agenda. Councilmember Hobart made comments regarding his request to place this item on the agenda. Member discussion ensued. IT WAS MOVED BY COUNCILMEMBER HOBART AND SECONDED BY COUNCILMEMBER REED TO AUTHORIZED AN INVESTIGATION REGARDING THE SUBMITTAL OF FALSE INFORMATION FOR THE JUNE 016 ATP $24.3 MILLION GRANT APPLICATION. THE MOTION FAILED WITH 10 NAYS, 1 AYE, 1 ABSTAINTION AND 5 MEMBERS ABSENT.


MAYOR DECONINCK NAY MAYOR HENRY NAY MAYOR HERNANDEZ NAY MAYOR MATAS NAY COUNCILMEMBER REED ABSTAIN MAYOR WILSON NAY MAYOR EVANS NAY MAYOR HARNIK NAY MAYOR MOON NAY COUNCILMEMBER HOBART AYE SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSEN SUPERVISOR PEREZ AYE CHIEF OF STAFF HURTADO AYE TRIBAL CHAIR GRUBBE ABSENT TRIBAL CHAIR WELMAS ABSENT

7F. Consider Changes to CVAG Policies and Procedures – Conduct of CVAG Meetings

Chair Reed indicated that he asked staff to place this item on the agenda due to complaints he received after the April 24, 2017 Executive Committee meeting, whereby he allowed a member of the Executive Committee 30 minutes to discuss an item. After receiving numerous complaints by fellow Executive Committee members, Chair Reed contacted staff and recommended a policy be considered related to the length of time members are given to speak on agenda items. Staff indicated that any change made to the Policies and Procedures would go forward to the General Assembly on June 26, 2017 for consideration. Member discussion ensued regarding the limiting of time for members to speak and CVAG meeting procedures. The consensus of the Executive Committee was to not make changes to the Policies and Procedures – Conduct of CVAG Meetings.

8. INFORMATION

a) Status of I-10 Interchange Projects

b) CVAG Regional Arterial Program - Project Status Report

c) CVAG Regional Arterial Program – Contract Status Report

d) Executive Committee Attendance Roster

e) Correspondence Related to Alleged Brown Act Violations

f) 2017 General Assembly Invitation

These items were placed on the agenda for member information.


9. ANNOUNCEMENTS

Upcoming Meetings at 73-710 Fred Waring Drive, Suite 119, Palm Desert: Technical Advisory Committee – Monday, June 12, 2017 at 11:00 a.m. Upcoming Meeting at Miramonte Indian Wells Resort and Spa, 45000 Indian Wells Lane, Indian Wells: Executive Committee – Monday, June 26, 2017 at 4:00 p.m. General Assembly – Monday, June 26, 2017 at 6:00 p.m.

10. ADJOURNMENT

There being no further business, Chair Reed adjourned the meeting at 5:42 p.m.

Respectfully submitted,

Joanna Stueckle

Joanna Stueckle Executive Assistant

ITEM 6C

Staff Report

Subject: Reimbursements for Highway 111 Project in Indian Wells Contact: Erica Felci, Governmental Projects Manager ([email protected]) Recommendation: Receive and file the latest correspondence from the former CVAG Executive Director regarding the Highway 111 project in the City of Indian Wells. Transportation Committee: Received and Filed (Meeting of June 5th) Technical Advisory Committee: Received and Filed (Meeting of June 12th) Background: In late 2016, CVAG committees were presented with a review of the expenditures related to the Highway 111 project in the City of Indian Wells. As part of this analysis, CVAG staff and three outside experts reviewed $9.1 million in Measure A and Transportation Uniform Mitigation Fee (TUMF) funding that has been spent to date on the Highway 111 improvement project. The review found that some of those expenditures – particularly the $2.5 million in CVAG transportation funds spent on sound walls along the south side of the city’s Indian Wells Golf Resort – were ineligible for reimbursement. On December 5, 2016, the Executive Committee voted unanimously to receive and file a declaration from former CVAG Executive Director John Wohlmuth, and made a formal finding that “all parties acted in good faith when determining reimbursement for the Highway 111 project in the City of Indian Wells.” As it is noted in the minutes, it was declared that this issue had essentially been “put to bed” until the 60,000 vehicles per day trigger had been reached. Since that December decision, Mr. Wohlmuth has been in touch with CVAG and has been provided a copy of the project file. On May 26, CVAG staff received additional correspondence from Mr. Wohlmuth, in which he apologizes for “whatever confusion” resulted from his earlier declaration. He goes on to say that he “thought there was a second sound study for (the) Highway 111 widening, but I was wrong” and that, based on his own review of the files, “Measure A and TUMF funds cannot be utilized” for the sound walls. At the June 5, 2017 Transportation Committee meeting, Mr. Wohlmuth’s letter was included as part of a staff report on a request from the City of Indian Wells, which had asked for reimbursement of legal fees incurred during the staff review of this project. The City has since rescinded its request. Attachments: Letter from John Wohlmuth, March 22, 2017

mailto:[email protected]

http://www.cvag.org/downloads/images/06-2017_Indian_Wells_Soundwall_Backup.pdf

http://www.cvag.org/downloads/images/06-2017_Indian_Wells_Soundwall_Backup.pdf

ITEM 6D

Staff Report Subject: Amendment No 1 to the Reimbursement Agreement between CVAG and the

County of Riverside for the North Indian Canyon Drive Widening Project Contact: Eric Cowle, Transportation Program Manager ([email protected]) Recommendation: Approve an Amendment No. 1 to the Reimbursement Agreement between CVAG and the County of Riverside for the North Indian Canyon Drive Widening Project in the amount not to exceed $3 million and authorize the Executive Director to enter into Sub-Agreements with the City of Desert Hot Springs, City of Palm Springs and County of Riverside as necessary. Transportation Committee: CONCURS (Meeting of June 5th) Technical Advisory Committee: CONCURS (Meeting of June 12th) Background: On September 26, 2016 the Executive Committee approved a Reimbursement Agreement between CVAG and the County of Riverside for the widening of North Indian Canyon Drive. After further discussion with the County, it was determined that the intersection of North Indian Canyon Drive and Dillon Road needed to include a traffic signal and corresponding approaches and transitions on both North Indian Canyon Drive and Dillon Road as part of the overall improvements. This is a change in the scope but does not change the requested Regional funding. The County of Riverside along with the City of Desert Hot Springs and the City of Palm Springs requested funding assistance to improve North Indian Canyon Drive from 19th Avenue north to Dillon Road, including portions of the remaining three legs of that intersection. Most of the work to widen North Indian Canyon Drive to six lanes between 20th Avenue and 19th Avenue has been completed, but there are portions of curb and gutter missing, and the intersection at 19th Avenue is about ¼ completed. North Indian Canyon Drive between 19th Avenue and Dillon Road is to be widened from the existing two lanes to four lanes. Between 20th Avenue and Dillon Road, North Indian Canyon Drive travels through Palm Springs, Desert Hot Springs and Riverside County. Riverside County is the Lead Agency for this project. Riverside County initially identified a project estimate of $3 million, but has now increased to $4 million due to a change in scope to add an additional traffic signal and corresponding approaches and transitions. CVAG’s 75% regional share is set at not to exceed $3,000,000 and will not change due to this increase in total project cost. The remaining 25% of the total project cost will be divided between the City of Desert Hot Springs, the City of Palm Springs and the County of Riverside.


This project currently ranks 19th in the 2016 TPPS with a score of 12.5, well within the top 10% of all projects. Fiscal Analysis: Regional Transportation Funds are available to cover CVAG’s share of the estimated costs for the North Indian Canyon Drive Widening Project. Contract Finalization: Minor changes/revisions may be made for clarification purposes by CVAG’s Executive Director and Legal Counsel prior to execution.

AMENDMENT NUMBER ONE to the

CVAG REIMBURSEMENT AGREEMENT With the CITY of PALM SPRINGS and the COUNTY of RIVERSIDE

NORTH INDIAN CANYON DRIVE WIDENING PROJECT

THIS AMENDMENT NUMBER ONE is made and entered into this 26th day of June, 2017, by and among

the County of Riverside (Lead Agency, Phase II), the City of Palm Springs (Lead Agency, Phase I) and the

Coachella Valley Association of Governments (CVAG), a California joint powers authority.

In September of 2016, CVAG’s Executive Committee agreed to a Reimbursement Agreement with the

City of Palm Springs and the County of Riverside for the North Indian Canyon Drive Widening Project. It

was the agreement between CVAG and Lead Agencies that, of the total estimated cost of the Project,

$3,000,000, CVAG shall pay the estimated Regional Share amount of $2,250,000 but not-to-exceed

$3,000,000, and Local Agencies shall pay their proportional Local Share of project costs, as well as one

hundred percent (100%) of all costs not eligible for reimbursement by CVAG.

This Amendment Number One Amends the SCOPE of the original Reimbursement Agreement to include

a signalized intersection at Dillon Road and North Indian Canyon Drive, including transitions and turn

lanes on all legs to Riverside County standards.

This Amendment Number One Amends the construction cost estimate from $3 million to $4 million to

accommodate the added signalized intersection improvements.

CVAG’s regional share of a not-to-exceed $3 million remains unchanged.

(Signatures on Following Page)

COACHELLA VALLEY ASSOCIATION of GOVERNMENTS

The parties hereto have caused this Amendment Number One to be executed by their duly authorized representatives on the above-referenced date.

ATTEST: AGENCY:

CITY OF PALM SPRINGS

By: ______________________________ By: _____________________________ City Manager Mayor

COUNTY OF RIVERSIDE

By: ______________________________ By: _____________________________ Clerk of the Board of Supervisors Chairman of the Board of Supervisors

CVAG

By: _______________________________ By: _____________________________ Tom Kirk Dana Reed Executive Director CVAG Chair

ITEM 6E

Staff Report Subject: Legal Services Agreement with the Law Office of Toni Eggebraaten Contact: Gary Leong, Deputy Executive Director ([email protected]) Recommendation: Extend the Legal Services Agreement with the Law Office of Toni Eggebraaten for three months. Background: Toni Eggebraaten has been general counsel for the Coachella Valley Association of Governments (CVAG) since June 30, 1997. However, in recent discussions, Ms. Eggebraaten has informed us that she does not want to renew her agreement with CVAG, which concludes at the end of this fiscal year. In light of the short timeframe, staff has appealed to Ms. Eggebraaten to extend her agreement with CVAG for three months in order to allow CVAG to go out and recruit for a legal counsel. The proposed three-month extension would increase her hourly rate from $150 to $170, and, instead of a monthly retainer, Ms. Eggebraaten will be paid for the actual hours worked. The last increase to Ms. Eggebraaten’s contract was back in July 2007, when the hourly rate was increased from $140 to $150. Fiscal Analysis: Per draft budget presented.


COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS

LEGAL SERVICES CONTRACT

AMENDMENT #1

with

LAW OFFICE OF TONI EGGEBRAATEN

The Legal Services Agreement executed on July 1, 2009, and extended through June 30,

2017, by and between the Law Offices of Toni Eggebraaten and the Coachella Valley

Association of Governments, is amended, effective July 1, 2017, as follows:

1) The contract time period is extended from July 1, 2017 to September 30, 2017.

2) Fee will be at $170 an hour with no retainer.

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

Contract.

LAW OFFICE OF TONI EGGEBRAATEN COACHELLA VALLEY ASSOCIATION

OF GOVERNMENTS

______________________________ ________________________________

Toni Eggebraaten Dana Reed, CVAG Chair

ATTEST:

______________________________

Tom Kirk, CVAG Executive Director

ITEM 6F

Staff Report Subject: Riverside County Contribution to CVAG for FY 17/18 Contact: Cheryll Dahlin, Management Analyst ([email protected]) Recommendation: Authorize Executive Director to enter into an agreement between the Riverside County Department of Public Social Services (DPSS) and CVAG for the County Contribution in the Amount of $359,711 for FY 17/18 to provide West Valley Housing Navigation Program services. Homelessness Committee: CONCURS (Meeting of June 21st) Background: Riverside County has been a strong financial supporter of the Coachella Valley’s efforts to address homelessness. However, the County is making broad budget cuts and has indicated that the county’s emergency shelter funding needed to be reduced by $450,000 so the program is sustainable. Officials have decided that this reduction will impact the allocation to the County’s 4th District, because Roy’s Desert Resource Center had been receiving the largest share of funding since its inception. On June 13, 2017, the County Board of Supervisors approved a recommendation to allocate $359,711 to CVAG and $130,000 to Coachella Valley Rescue Mission. Attached is a letter from Supervisor V. Manuel Perez that outlines support for the West Valley Housing Navigation Program. County DPSS has also provided a contract with CVAG to provide West Valley Housing Navigation Program services. The amount of this contract is $359,711. CVAG expresses its sincere appreciation to the Riverside County Board of Supervisors for its continued support of combating homelessness in the Coachella Valley. Fiscal Analysis: The County is the largest financial contributor to CVAG’s Homelessness Programs. These funds can only be used for the West Valley Housing Navigation Program services. Contract Finalization: Minor changes and revisions may be made for clarification purposes by CVAG’s Executive Director and Legal Counsel prior to execution. Attachments: Letter from Supervisor V. Manuel Perez

Contract with Department of Public Social Services


County of Riverside

RIVERSIDE OFFICE: DISTRICT OFFICE/MAILING OFFICE:

4080 Lemon Street, 5th Floor 73-710 Fred Waring Drive, Ste. 222

Riverside, CA 92502-1647 Palm Desert, CA 92260

(951) 955-1040 (760) 863-8211

Fax (951) 955-2194 Fax (760) 863-8905

SUPERVISOR V. MANUEL PEREZ

FOURTH DISTRICT

www.RivCo4.org . Email: [email protected]

Sabby Jonathan, Chair CVAG Homelessness Committee 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92211 Dear Chair Jonathan and Distinguished CVAG Homeless Committee Members, I would like to first thank you all for your tireless efforts to bring attention and solutions to the chronic homeless problem the Coachella Valley and Blythe are experiencing. This is a very important issue for me and I will be extremely active working alongside you. I am encouraged at the direction the CVAG Homelessness Committee is taking with the housing first approach and the possible partnering with Path of Life Ministries. The housing first model and actions already taken by county staff to rehouse those displaced by the closure of Roy’s have proven to be cost effective ways of addressing homelessness. In just the few short weeks I have been in office I have visited the Coachella Valley Rescue Mission, Roy’s Desert Resource Center, The Path and I have met with both county and local organizations and individuals to be briefed on, not only the problems with the homeless issue, but more importantly how do we address them. My staff and I have been meeting with CVAG officials to discuss the need for clarity on what county resources would be made available to move forward with the West Valley Housing Navigation Plan. In addition, I met with the Department of Public and Social Services (DPSS) which informed me that they were reallocating the reserve funding streams more equitably across the 5 districts and attempting to keep the reserve solvent through at least FY 2020. I have worked with DPSS for FY 2017 to allocate $130,000 for CVRM and $359,711 to CVAG for the West Valley Housing Plan. I will continue to research additional resources for both programs through county agencies. I also commit to finding long-term funding and infrastructure resources because we know this will be an ongoing issue for our communities. I thank the cities who have stepped up with pledges to support the launching of the West Valley Housing Navigation Plan. We all know this must be a collaborative effort. The homelessness issue effects our entire valley and requires a dedicated commitment from the county, all 10 cities and our dedicated non-profit organizations. I look forward to working with all of you. Sincerely,

V. Manuel Perez Supervisor, 4th District Riverside County

http://www.rivco4.org/


HO-03706

(Template T-00161 v9.0) Page 1 of 31

County of Riverside Department of Public Social Services Contracts Administration Unit

10281 Kidd Street Riverside, CA 92503

AGREEMENT: HO-03706 CONTRACTOR: Coachella Valley Association of Governments EFFECTIVE: July 1, 2017 - June 30, 2018 MAXIMUM AGGREGATE AMOUNT: $359,711 WHEREAS, the County of Riverside, Department of Public Social Services, (hereinafter referred to as the “County and or “DPSS”) desires to provide West Valley Navigation Program; WHEREAS, Coachella Valley Association of Governments (hereinafter referred to as the “Contractor”) is qualified to provide West Valley Navigation Program; WHEREAS, DPSS desires Coachella Valley Association of Governments, to perform these services in accordance with the TERMS and CONDITIONS (T&C) attached hereto and incorporated herein by this reference. The T&C specify the responsibilities of DPSS and the Contractor; NOW THEREFORE, DPSS and the Contractor do hereby covenant and agree that the Contractor shall provide said services in return for monetary compensation, all in accordance with the TERMS and CONDITIONS contained herein and exhibits attached hereto and incorporated herein (hereinafter referred to as an “Agreement”). Authorized Signature for County:

Authorized Signature for Coachella Valley Association of Governments

Printed Name of Person Signing: Scott Haddon

Printed Name of Person Signing: Tom Kirk

Title: Senior Procurement Contract Specialist

Title: Executive Director

Address: 10281 Kidd St. Riverside, CA 92503

Address: 73-710 Fred Waring Drive Palm Desert, CA 92260

Date Signed: Date Signed:

HO-03706


TABLE OF CONTENTS I. DEFINITIONS .................................................................................................................................. 3 II. OBJECTIVES ................................................................................... Error! Bookmark not defined. III. DPSS RESPONSIBILITIES .............................................................................................................. 4 IV. CONTRACTOR RESPONSIBILITIES .............................................................................................. 4

A. SCOPE OF SERVICE ................................................................................................................ 4 B. REPORTING .............................................................................................................................. 4 C. FISCAL ...................................................................................................................................... 7

1. MAXIMUM AGGREGATE AMOUNT .................................................................................... 7 2. METHOD, TIME AND SCHEDULE CONDITIONS OF PAYMENT ........................................ 7 3. FINANCIAL RESOURCES ................................................................................................... 8 4. RECORDS, INSPECTIONS AND AUDITS ........................................................................... 8 5. SUPPLANTATION................................................................................................................ 9 6. DISALLOWANCE ................................................................................................................. 9

D. ADMINISTRATIVE ..................................................................................................................... 9 1. CONFLICT OF INTEREST ................................................................................................... 9 2. CONFIDENTIALITY .............................................................................................................. 9 3. HOLD HARMLESS/INDEMNIFICATION ............................................................................ 10 4. INSURANCE ...................................................................................................................... 11 5. LICENSES AND PERMITS ................................................................................................ 13 6. INDEPENDENT CONTRACTOR ........................................................................................ 13 7. ASSIGNMENT .................................................................................................................... 13 8. PERSONNEL ........................................................................ Error! Bookmark not defined. 9. SUBCONTRACT FOR SERVICES ..................................................................................... 14 10. DEBARMENT AND SUSPENSION .................................................................................... 14 11. COMPLIANCE WITH RULES, REGULATIONS AND DIRECTIVES ................................... 15 12. EMPLOYMENT PRACTICES ............................................................................................. 15 13. TRANSITION PERIOD ....................................................................................................... 15

V. GENERAL ...................................................................................................................................... 16 A. PERIOD OF PERFORMANCE ................................................................................................. 16 B. NOTICES ................................................................................................................................. 16 C. AVAILABILITY OF FUNDING ................................................................................................... 16 D. DISPUTES ............................................................................................................................... 16 E. SANCTIONS ............................................................................................................................ 17 F. GOVERNING LAW................................................................................................................... 17 G. MODIFICATION OF TERMS .................................................................................................... 17 H. NON-APPROPRIATION OF FUNDS ........................................................................................ 17 I. TERMINATION ........................................................................................................................ 17 J. ENTIRE AGREEMENT ............................................................................................................ 18

List of Exhibits Exhibit A- SCOPE OF SERVICES Exhibit B- Ramp-Up Services Plan Exhibit C- Housing Habitability Standards Inspection Checklist Exhibit D –WEST VALLEY HOUSING NAVIGATION BUDGET Exhibit E - Clients Intake Form Exhibit F - DPSS 2076A, DPSS 2076B & Instructions

HO-03706


TERMS AND CONDITIONS

I. DEFINITIONS

A. “Bed Night” is one bed per Customer per night.

B. “Coordinate Entry Systems” (CES) Riverside County’s Coordinate Entry System. C. “Continuum of Care (CoC)” shall mean a coordinated approach at the local level to deliver

services to persons who are homeless. A CoC generally includes a full range of emergency, transitional, and permanent housing and service resources to address the various needs of homeless persons.

D. “Contractor” refers to Coachella Valley Association of Governments and its employees,

agents and representatives providing services under this Agreement.

E. “Critical incident” refers to any event that jeopardizes the safety of clients, staff or facilities. Events may include, but are not limited to, physical altercations, fires, mandated reportable events (e.g. child abuse), etc.

F. “Client” refers to individuals and families eligible for services at RDRC. G. “Crisis Stabilization Housing” (CSH) sites that will temporarily house homeless individuals &

families providing them with intensive case management to asity them in moving into permanent housing (market rate, subsidized, etc.) as quickly as possible.

H. “CVAG” refers to the Coachella Valley Association of Governments, which has

administrative responsibility for this Agreement. I. “DPSS and/or County” refers to the County of Riverside and its Department of Public Social

Services, which has administrative responsibility for this Agreement. J. “HMIS” refers to the web-based Homeless Management Information System connectivity

maintained by the Riverside County Department of Public Social Services. It is a computerized system designed to capture client-level information over time on the characteristics and service needs of men, women, and children experiencing homelessness.

K. “Homeless Prevention and Diversion Services” strives to preserve individuals’ and families’

current housing before they fall into homelessness (i.e. through use of rental assistance, linkage to social services, etc.). Services will assist those that are precariously housed to find alternatives and rapidly rehouse bypassing temporary Crisis Stabilization Housing.

L. “HUD” refers to the United States Department of Housing and Urban Development. M. “Subcontract” refers to any contract, purchase order, or other purchase agreement,

including modifications and change orders to the foregoing, entered into by the Contractor with a subcontractor to furnish supplies, materials, equipment, and services for the performance of any of the terms and conditions contained in this Agreement.

N. “Subcontractor” means any supplier, vendor, or firm that furnishes supplies, materials,

equipment, or services to or for the Contractor or another subcontractor.

HO-03706


O. West Valley Housing Navigation Program” provide Housing Navigation Program services in the western Coachella Valley and will primarily serve the cities of Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, and Palm Desert along with Riverside County unincorporated areas surrounding these cities.

II. DPSS RESPONSIBILITIES

A. Assign staff to be liaison between DPSS and the Contractor. B. DPSS may monitor the performance of the Contractor in meeting the terms, conditions and

services in this Agreement. DPSS, at its sole discretion, may monitor the performance of the Contractor through any combination of the following methods: periodic on-site visits, annual inspections, evaluations and Contractor self-monitoring.

IV. CONTRACTOR RESPONSIBILITIES

Contractor will coordinate and oversee the following to ensure that all subcontractors are meeting the provisions described below: A. SCOPE OF SERVICE

1. Assign staff to be liaison between the Contractor and DPSS.

2. Provide the services as described in (Exhibit A) Exhibit A is attached hereto and

incorporated herein.

B. REPORTING

The Contractor shall ensure that subcontractors using HMIS for client intake capture the following data: The Required Universal Data Elements are:

1. Name 2. Social Security Number, if available. 3. Date of Birth 4. Race 5. Ethnicity 6. Gender 7. Veteran’s Status 8. Disabling Condition. 9. Residence Prior to Program Entry 10. Zip code of last permanent address. 11. Housing Status 12. Program (Enrollment) Entry date 13. Program (Enrollment) Exit date 14. Personal Identification Number 15. Household Identification Number

Other Required Data Elements:

16. Housing Check-In 17. Housing Check-Out

HO-03706


In addition to the above data elements, programs that receive HUD homeless assistance funding through the annual Continuum of Care (CoC) competition and complete APRs will be required to report clients progress on all Program-Specific Data Elements are:

1. Income and Sources 2. Non-Cash Benefits 3. Physical Disability 4. Developmental Disability 5. Chronic Health Condition 6. HIV/AIDS 7. Mental Health 8. Substance Abuse 9. Domestic Violence 10. Destination (at exit) 11. Date of Contact (Outreach Programs Only) 12. Date of Engagement (Outreach Programs Only) 13. Financial Services Provided (Required for HPRP) 14. Housing Relocation & Stabilization Services Provided (Required for HPRP)

Additional Program-Specific Data Elements are (Optional)

15A. Employment 15B. Education 15C. General Health Status 15D. Pregnancy Status 15E. Veteran’s Information 15F. Children’s Education 15G. Reason for Leaving 15H. Services Provided

A sample Clients Intake Form is attached hereto as Exhibit E, and incorporated herein by this reference.

The formats for the data fields are listed below: 1. Name: 3 separate fields for: First Name, Middle Initial, Last Name. No special

characters, only alpha characters. ‘Name’ is found in Step-1 of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

2. Social Security Number in xxx-xx-xxxx format. ‘SSN’ is found in Step-1 of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

3. Date of Birth in mm/dd/yyyy format. ‘Date of Birth’ is found in Step-1 of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

HO-03706


4. Ethnicity: Refer to the “Homeless Management Information Systems (HMIS); Data and Technical Standards Final Notice” from HUD, dated July 30, 2004 for specific values. This notice can be found at www.hud.gov/offices/cpd/homeless/rulesandregs/fr4848-n-02.pdf ‘Ethnicity’ is found in Step-4 of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

5. Race: Refer to the “Homeless Management Information Systems (HMIS); Data and Technical Standards Final Notice” from HUD, dated July 30, 2004 for specific values. ‘Race’ is found in Step-4 of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

6. Gender: Male, Female, Transgender, Unknown, Refused ‘Gender’ is found in Step-2 of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

7. Veteran’s Status: Yes / No / Unknown ‘Veteran Status’ is found in Step-4 of the client intake process under the ‘New Client – Universal Data ONLY” function in the Clients Tab.

8. Disabling Condition: Yes / No ‘Disabling Condition’ is found in Step-4 of the client intake process under the ‘New Client – Universal Data ONLY” function in the Clients Tab.

9. Residence Prior to Program Entry: Refer to the “Homeless Management Information Systems (HMIS); Data and Technical Standards Final Notice” from HUD, dated July 30, 2004 for specific values. ‘Prior Residence’ is found in the ‘Master Assessment’ of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

10. Length of stay at Residence Prior to Program Entry: ‘Length of Stay’ is found in the ‘Master Assessment’ of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

11. Zip code of Last Permanent Address: Numeric values only. ‘Prior Zip Code’ is found in the ‘Master Assessment’ of the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

12. Sub-Population: ‘Sub-Population is found in the client intake process under “New Client – Universal Data ONLY” function in the Clients Tab.

13. Enrollment Entry Date in mm/dd/yyyy format. ‘Enrollment Entry Date’ is found in the ‘Enrollments’ function.

14. Household Information: Household information is collected for purposes of linking family members together in the system by identifying relationship to head of household and creating a family link found in the ‘Family and Contact Information’ area of the Client intake process.

15. Bed Check-in: Bed check-in/out dates and Bed Assignment are found under the ‘Housing Tab’.

http://www.hud.gov/offices/cpd/homeless/rulesandregs/fr4848-n-02.pdf

HO-03706


16. Enrollment Exit Date in mm/dd/yyyy format. ‘Enrollment Exit Date’ is found in the ‘Enrollments’ function by clicking on the enrollments’ ‘action gear’ and selecting ‘Exit the Enrollment’ option.

17. Services Provided Services are found under the Client Tab under ‘Case Management Options’ grouping. Each service the client receives should be added along with the start and end dates for each. For services that span more than one day, the user will edit the service and put in the appropriate date the service ended.

18. Destination (at Exit) Destination is found in the ‘Exit the Enrollment’ option, and is one of the questions required to be answered when a client is being exited from the program.

A sample Universal Data Intake Form is attached hereto as Exhibit D, and incorporated herein by this reference.

All data referenced above must be entered into HMIS on a daily basis or within 5 business days following the month in which the client was served; or, if previously authorized by the DPSS Homeless Programs Unit, it may be provided in an encrypted report (sample report format attached hereto and incorporated herein as by this reference as Exhibit E) in Microsoft Excel ®, transferred to a compact disk and mailed by the (10th) calendar day of the report month to:

DPSS Homeless Programs Unit Attn: Homeless Administrative Manager 4060 County Circle Drive Riverside, CA 92503

C. FISCAL

1. MAXIMUM AGGREGATE AMOUNT

Total payment under this Agreement shall not exceed in aggregate $359,711. Annually, payments shall not exceed:

FISCAL YEAR PERIOD ANNUAL PAYMENT July 1, 2017 through June 30, 2018 $359,711

2. ONE-TWELTH (1/12) REIMBURSEMENT RATE

The Contractor shall be paid $29,975. Per month, for twelve (12) months.

3. METHOD, TIME AND SCHEDULE CONDITIONS OF PAYMENT a. The Contractor will be paid the actual amount of each monthly invoice for payment. If

the required supporting documentation is not provided, DPSS may delay payment until the information is received by DPSS.

b. For months for which no reimbursement is requested, an invoice must be submitted

with a “$0” request.

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c. All completed claims must be submitted on a monthly basis, no later than thirty (30) calendar days after the end of each month in which services were provided. All claims submitted in a timely manner and completed shall be processed within forty-five (45) calendar days.

d. Each claiming period shall consist of a calendar month claiming period. Contractor Invoice estimates for May and June are due no later than the 4th of June. Actual Contractor invoices for May and June are due no later than the 30th of July.

e. Contractor may, under special circumstances, be required to submit actual receipts

in lieu of the attached sign-in sheet (Exhibit F).

f. Contractor may reallocate, at its discretion, up to 10% between line-item categories, if all of the following conditions are met:

1) The total amount of the Agreement does not change;

2) The Contractor delivers a written request to DPSS that adequately

documents the need for a change and specifically identifies the line-item categories to be reduced/increased;

3) The modification will not reduce any category or line-items below 20% of

the original budgeted amount; and

4) Budget modification requests are submitted to DPSS no later than forty-five (45) days prior to end of the operating year.

5) The Riverside County Board of Supervisors approves the modification.

4. FINANCIAL RESOURCES

The Contractor warrants that during the term of this Agreement, the Contractor shall retain sufficient financial resources necessary to perform all aspects of its obligations, as described under this Agreement. Further, the Contractor warrants that there has been no adverse material change in the Contractor, Parent, or Subsidiary business entities, resulting in negative impact to the financial condition and circumstances of the Contractor since the date of the most recent financial statements.

5. RECORDS, INSPECTIONS AND AUDITS a. The Contractor shall maintain auditable books, records, documents, and other

evidence pertaining to costs and expenses in this Agreement. The Contractor shall maintain these records for three (3) years after final payment has been made or until all pending County, State, and Federal audits, if any, are completed, whichever is later.

b. Any authorized representative of the County of Riverside, the State of California, and

the Federal government shall have access to any books, documents, papers, electronic data, and other records, which these representatives may determine to be pertinent to this Agreement, for the purpose of performing an audit, evaluation, inspection, review, assessment, or examination. These representatives are authorized to obtain excerpts, transcripts, and copies, as they deem necessary. Further, these authorized representatives shall have the right at all reasonable times

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to inspect or otherwise evaluate the work performed, or being performed, under this Agreement and the premises in which it is being performed.

c. This access to records includes, but is not limited to, service delivery, referral,

financial, and administrative documents for three (3) years after final payment is made, or until all pending County, State, and Federal audits are completed, whichever is later.

d. Should the Contractor disagree with any audit conducted by DPSS, the Contractor

shall have the right to employ a licensed, Certified Public Accountant (CPA) to prepare and file with DPSS a certified financial and compliance audit that is in compliance with generally-accepted government accounting standards of related services provided during the term of this Agreement. The Contractor shall not be reimbursed by DPSS for such an audit.

e. In the event the Contractor does not make available its books and financial records

at the location where they are normally maintained, the Contractor agrees to pay all necessary and reasonable expenses, including legal fees, incurred by DPSS in conducting such an audit.

f. Contractors that expend $750,000 or more in a year in Federal funding shall obtain

an audit performed by an independent auditor in accordance with generally accepted governmental auditing standards covering financial and compliance audits as per the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996, as per OMB Circular A-133. However, records must be available for review and audit by appropriate officials of Federal, State and County agencies.

6. SUPPLANTATION

The Contractor shall not supplant any federal, state, or County funds intended for the purpose of this Agreement with any funds made available under any other Agreement. The Contractor shall not claim reimbursement from DPSS for, or apply any sums received from DPSS, with respect to the portion of its obligations, which have been paid by another source of revenue. The Contractor agrees that it will not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining state funds under any state program or County funds under any County programs without prior approval of DPSS.

7. DISALLOWANCE

In the event the Contractor receives payment for services under this Agreement which is later disallowed for nonconformance with the terms and conditions herein by DPSS, the Contractor shall promptly refund the disallowed amount to DPSS on request, or at its option, DPSS may offset the amount disallowed from any payment due to the Contractor under any agreement with DPSS.

D. ADMINISTRATIVE

1. CONFLICT OF INTEREST The Contractor, Contractor’s employees, and agents shall have no interest, and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required under this Agreement.

2. CONFIDENTIALITY

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The Contractor shall maintain the confidentiality of all information and records and comply with all other statutory laws and regulations relating to privacy and confidentiality.

Each party shall ensure that case record information is kept confidential when it identifies an individual by name, address, or other information. Confidential information requires special precautions to protect it from loss, unauthorized use, access, disclosure, modification, and destruction. The parties to this Agreement shall keep all information that is exchanged between them in the strictest confidence, in accordance with Section 10850 of the Welfare and Institutions Code. All records and information concerning any and all persons referred to the Contractor shall be considered and kept confidential by the Contractor, its staff, agents, employees and volunteers. The Contractor shall require all of its employees, agents, subcontractors and volunteer staff who may provide services under this Agreement with the Contractor before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all participants referred to the Contractor by Riverside County. The confidentiality of juvenile records is established under section 827 and 828 of the Welfare and Institutions Code, California Rules of Court, Rule 5.552 and case law. The Juvenile Court has exclusive jurisdiction over juvenile records and information and has the responsibility to protect the interests of minors and their families in the confidentiality of any records and information concerning minors involved in the justice system and to provide a reasonable method for release of these records and information in appropriate circumstances. Contractor shall ensure that no person will publish, disclose, use, permit, or cause to be published, disclosed, or used, any confidential information pertaining to any applicant or recipient of services under this Agreement. The Contractor agrees to inform all persons directly or indirectly involved in administration of services provided under this Agreement of the above provisions and that any person deliberately violating these provisions is guilty of a misdemeanor.

3. HOLD HARMLESS/INDEMNIFICATION Contractor agrees to indemnify and hold harmless County, all Agencies, Districts, Special Districts and Departments of County, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability whatsoever, based or asserted upon any services of Contractor, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, death, or any other element of any kind or nature whatsoever arising from the performance of Contractor, its officers, agents, employees, subcontractors, agents or representatives from this Agreement. Contractor shall defend, at its sole expense, all costs and fees, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, of County, all Agencies, Districts, Special Districts and Departments of County, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents or representatives in any claim or action based upon such alleged acts or omissions. With respect to any action or claim subject to indemnification herein by Contractor, Contractor shall, at their sole cost, have the right to use counsel of their choice, subject to the approval of County, which shall not be unreasonably withheld, and shall have the

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right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Contractor’s indemnification to County as set forth herein. Contractor’s obligation to defend, indemnify and hold harmless County shall be subject to County having given Contractor written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at Contractor’s expense, for the defense or settlement thereof. Contractor’s obligation hereunder shall be satisfied when Contractor has provided to County the appropriate form of dismissal relieving County from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Contractor’s obligations to indemnify and hold harmless County herein from third party claims. In the event there is conflict between this clause and California Civil Code §2782, this clause shall be interpreted to comply with Civil Code §2782. Such interpretation shall not relieve the Contractor from indemnifying County to the fullest extent allowed by law.

4. INSURANCE

a. Without limiting or diminishing the Contractor’s obligation to indemnify or hold the County harmless, Contractor shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the County herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

(1) Worker’s Compensation:

If the Contractor has employees as defined by the State of California, the Contractor shall maintain statutory Worker’s Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside, and, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement.

(2) Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of Contractor’s performance of its obligations hereunder. Policy shall name the County as additional Insured. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

(3) Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then Contractor shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less

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than two (2) times the occurrence limit. Policy shall name the County as additional Insured.

b. General Insurance Provisions – All lines:

(1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.

(2) The Contractor’s insurance carrier(s) must declare its insurance self-insured

retentions. If such self-insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self insured retention unacceptable to the County, and at the election of the County’s Risk Manager, Contractor’s carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

(3) Contractor shall cause Contractor’s insurance carrier(s) to furnish the County of

Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not commence operations until the County has been furnished original Certificate(s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on it’s behalf shall sign the original endorsements for each policy and the Certificate of Insurance.

(4) It is understood and agreed to by the parties hereto that the Contractor’s

insurance shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

(5) If, during the term of this Agreement or any extension thereof, there is a material

change in the scope of services; or, there is a material change in the equipment

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to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or, the term of this Agreement, including any extensions thereof, exceeds five (5) years the County reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the Contractor has become inadequate.

(6) Contractor shall pass down the insurance obligations contained herein to all tiers

of subcontractors working under this Agreement. (7) The insurance requirements contained in this Agreement may be met with a

program(s) of self-insurance acceptable to the County. (8) Contractor agrees to notify County of any claim by a third party or any incident or

event that may give rise to a claim arising from the performance of this Agreement.

5. LICENSES AND PERMITS

In accordance with the provisions of the Business and Professions Code concerning the licensing of Contractors, all Contractors shall be licensed, if required, in accordance with the laws of this State and any Contractor not so licensed is subject to the penalties imposed by such laws. The Contractor warrants that it has all necessary permits, approvals, certificates, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and regulations of the United States, State of California, the County of Riverside and all other appropriate governmental agencies, and shall maintain these throughout the term of this Agreement.

6. INDEPENDENT CONTRACTOR

It is understood and agreed that the Contractor is an independent Contractor and that no relationship of employer-employee exists between the parties hereto. Contractor and/or Contractor’s employees shall not be entitled to any benefits payable to employees of the County including, but not limited to, County Worker’s Compensation benefits. County shall not be required to make any deductions for employees of Contractor from the compensation payable to Contractor under the provision of this Agreement. As an independent Contractor, Contractor hereby holds County harmless from any and all claims that may be made against County based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. As part of the foregoing indemnity, the Contractor agrees to protect and defend at its own expense, including attorney’s fees, the County, its officers, agents and employees in any legal action based upon any such alleged existence of an employer-employee relationship by reason of this Agreement.

7. ASSIGNMENT The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent of DPSS. Any attempt to assign or delegate any interest without written consent of DPSS shall be deemed void and of no force or effect.

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8. SUBCONTRACT FOR SERVICES

a. The Contractor shall not enter into any subcontract with any subContractor who:

(1) is presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by a federal department or agency.

(2) has within a 3-year period preceding this Agreement been convicted of or had a

civil judgment rendered against them for the commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust status or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) is presently indicated or otherwise criminally or civilly charged by a government

entity (Federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; and

(4) has within a 3-year period preceding this Agreement had one or more public

transactions (Federal, State, or local) terminated for cause or default. b. The Contractor shall be as fully responsible for the acts or omissions of its

subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the Contractor.

c. The Contractor shall insert appropriate clauses in all subcontracts to bind

subcontractors to the terms and conditions of this Agreement insofar as they are applicable to the work of subcontractors.

d. Nothing contained in this Agreement shall create any contractual relationship

between any subcontractor and the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives.

9. DEBARMENT AND SUSPENSION

As a sub-grantee of federal funds under this Agreement, the Contractor certifies that it, and its principals:

a. Are not presently debarred, suspended, proposed for debarment, and declared

ineligible or voluntarily excluded from covered transactions by a federal department or agency.

b. Have not within a 3-year period preceding this Agreement been convicted of or had a

civil judgment rendered against them for the commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust status or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicated or otherwise criminally or civilly charged by a government

entity (Federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; and

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d. Have not within a 3-year period preceding this Agreement had one or more public

transactions (Federal, State or local) terminated for cause or default.

10. COMPLIANCE WITH RULES, REGULATIONS AND DIRECTIVES The Contractor shall comply with all rules, regulations, requirements, and directives of the California Department of Social Services, other applicable state agencies, and funding sources which impose duties and regulations upon DPSS, which are equally applicable and made binding upon the Contractor as though made with the Contractor directly.

11. EMPLOYMENT PRACTICES a. The Contractor shall not discriminate in its recruiting, hiring, promoting, demoting, or

terminating practices on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex in the performance of this Agreement, and to the extent they shall apply, with the provisions of the Fair Employment and Housing Act (FEHA), and the Federal Civil Rights Act of 1964 (P. L. 88-352).

b. In the provision of benefits, the Contractor shall certify and comply with Public

Agreement Code 10295.3, to not discriminate between employees with spouses and employees with domestic partners, or discriminate between the domestic partners and spouses of those employees.

c. For the purpose of this section Domestic Partner means one of two persons who

have filed a declaration of domestic partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code.

12. TRANSITION PERIOD

The Contractor recognizes that the services under this Agreement are vital to DPSS and must be continued without interruption, and that, upon expiration, a successor, either DPSS or another contractor, may continue the services outlined herein. The Contractor agrees to exercise its best efforts and cooperation to effect an orderly and efficient transition of clients to a successor.

a. The Contractor shall, upon written notification from DPSS, negotiate in good faith a

transition plan with a successor to determine the nature and extent of the transitioning of services. The transition plan for each service type and shall be subject to DPSS’ approval and shall specify:

(1.) List of clients that include:

(a.) Current contact information; (b.) Assigned social worker.

b. Discharge summary that includes:

(1.) Services received; (2.) Number of hours of services completed; (3.) On-going service recommendations; (4.) Date for transferring responsibilities.

c. The Contractor shall provide DPSS with copies of client files.

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V. GENERAL

A. PERIOD OF PERFORMANCE This Agreement is effective July 1, 2017 through June 30, 2018, with one (1) renewal option.

B. NOTICES

All notices, claims, correspondence, and/or statements authorized or required by this Agreement shall be addressed as follows:

DPSS: Department of Public Social Services

Contracts Administration Unit P.O. Box 7789 Riverside, CA 92513

Invoices and other financial documents: Department of Public Social Services Fiscal/Management Reporting Unit 4060 County Circle Drive Riverside, CA 92503

CONTRACTOR: Coachella Valley Association of Governments Chairman, Executive Committee 73-710 Fred Waring Drive Palm Desert, CA 92260

Contractor “Remit To” address:

All notices shall be deemed effective when they are made in writing, addressed as indicated above, and deposited in the United States mail. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion will not be acceptable.

C. AVAILABILITY OF FUNDING

DPSS’ obligation for payment of any Agreement is contingent upon the availability of funds from which payment can be made.

D. DISPUTES

1. The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating to this Agreement which is not resolved by the parties shall be decided by the County’s Compliance Contract Officer who shall furnish the decision in writing. The decision of the COUNTY’s Compliance Contract Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. The CONTRACTOR shall proceed diligently with the performance of this Agreement pending the resolution of a dispute.

2. Prior to the filing of any legal action related to this Agreement, the parties shall be

obligated to attend a mediation session in Riverside County before a neutral third party

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mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

E. SANCTIONS Failure by the Contractor to comply with any of the provisions covenants, requirements, or conditions of this Agreement including, but not limited to, reporting and evaluation requirements, shall be a material breach of this Agreement. In such event, DPSS may immediately terminate this Agreement and may take other remedies available by law, or otherwise specified in this Agreement. DPSS may also: 1. Afford the Contractor a time period within which to cure the breach, the period of which

shall be established at the sole discretion of DPSS; and/or 2. Discontinue reimbursement to the Contractor for, and during the period in which the

Contractor is in breach, the reimbursement of which the Contractor shall not be entitled to recover later; and/or

3. Withhold funds pending a cure of the breach; and/or 4. Offset against any monies billed by the Contractor but yet unpaid by DPSS. DPSS shall

give the Contractor notice of any action pursuant to this paragraph, the notice of which shall be effective when given.

F. GOVERNING LAW This Agreement shall be construed and interpreted according to the laws of the State of California. Any legal action related to the interpretation or performance of this Agreement shall be filed only in the appropriate courts located in the County of Riverside, State of California. Should action be brought to enforce or interpret the provisions of the Agreement, the prevailing party shall be entitled to attorney's fees in addition to whatever other relief are granted.

G. MODIFICATION OF TERMS No addition to or alteration of the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees shall be valid unless made in writing and formally approved and executed by both parties. Requests to modify fiscal provisions shall be submitted no later than April 1.

H. NON-APPROPRIATION OF FUNDS

The COUNTY obligation for payment of this Agreement beyond the current fiscal year end is contingent upon and limited by the availability of COUNTY funding from which payment can be made, and invoices shall be rendered “monthly” in arrears. In the State of California, Government agencies are not allowed to pay excess interest and late charges, per Government Codes, Section 926.10. No legal liability on the part of the COUNTY shall arise for payment beyond June 30 of each calendar year unless funds are made available for such payment. In the event that such funds are not forthcoming for any reason, COUNTY shall immediately notify CONTRACTOR in writing; and this Agreement shall be deemed terminated, have no further force, and effect.

I. TERMINATION

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This Agreement may be terminated without cause by either party by giving thirty (30) days written notification to the other party. In the event DPSS elects to abandon, indefinitely postpone, or terminate the Agreement, DPSS shall make payments for all services performed up to the date that written notice was given in a prorated amount.

J. ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof, and all prior or contemporaneous agreements of any kind or nature relating to the same shall be deemed to be merged herein.

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DPSS 2076A (8/03) CONTRACTOR PAYMENT REQUEST

ATTACHMENT A

Contractor will provide the following:

A. Program Services: 1. Ramp-up program services and perform the following consistent with the timeline attached

as Exhibit B:

2. Homeless Prevention and Diversion Services (HPD) a. At a minimum, Contractor shall staff and operate at least two physical locations for

providing HPD services, with one in Palm Springs and one in Desert Hot Springs. A third location in Cathedral City would be beneficial. Co-locating with public social services or an existing social service and/or county agency is strongly encouraged as opposed to opening a new service site.

b. Provide the HPD services in such a manner that the days and hours of operation, service locations, and access to transportation do not pose barriers to persons requiring services.

c. Utilizing Contractor’s staff, provide adequate staffing at the program officers between the hours of 7:00 a.m. and 9:00 p.m. each calendar day unless other hours are determined to be more effective and efficient and are approved by CVAG.

d. Client outcomes will be achieved through:

1) Case Management/Diversion Services: All clients will be assessed and pertinent

information entered into the Coordinated Entry System.

2) Prevention Services: At a minimum, Contractor shall provide a minimum of twenty (20) households, but no more than forty (40), that are at risk of becoming homeless with one to two months of rental assistance and case management services.

3) Rapid Rehousing Services: The contractor will provide rapid rehousing placement

for a minimum of twelve (12) homeless households, each for a minimum of one month up to six months, by way of rental assistance, utility assistance, and case management services through housing navigators.

e. Contractor will endeavor to identify and leverage community-based, value-added

partnership that support Contractor’s HPD services.

3. Crisis Stabilization Housing (CSH) Services: a. Provide ninety (90) days of crisis stabilization housing services, free of charge, for as

many as ten (10), but not less than six (6), homeless individuals, in each of the following cities: Palm Springs, Desert Hot Springs, and Cathedral City. Said ninety (90) days period shall include an initial stay of sixty (60) consecutive days, with thirty (30) additional consecutive days of extended stay as needed and for good cause, which must be documented. Regardless of the length, at the conclusion of any such stay, there shall be a thirty (30) day waiting period before a Client shall be eligible for additional CSH services.

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b. The Contractor will abide by Standard Housing Quality Standards and perform a periodic inspection using the checklist attached as Exhibit C.

4. Consistent with the level of transportation services described in the budget attached as

Exhibit D, Contractor shall provide limited transportation to and from the CSH sites.

5. Assist all interested Clients with referral or access to services such as health care, social services, employment services, mainstream benefits program, (e.g., General Relief; Social Security; Supplemental Security Income; the Women, Infants and Children nutrition program; etc.), vocational services, legal assistance, etc.

6. Provide translation and interpretive services, as needed. 7. Maintain case files on each Client that contains, at a minimum, detailed and legible case

notes describing referrals made and progress gained in the program. All Clients are required to participate in case management and Contractor’s staff shall complete appropriate documentation on each Client’s progress on a routine basis.

8. Maintain written records for review by DPSS, at each CSH site, Evidencing compliance

with each of the following:

a. Contractor shall post emergency and evacuation procedures in a conspicuous space.

b. Contractor shall conduct weekly random safety checks to ensure weapons and contraband items are not in the housing facility.

9. Post rules and guidelines in English and Spanish in a conspicuous place CSH site.

10. Maintain and post in a conspicuous place within each CSH site and program office a Client grievance procedure.

11. Use commercially reasonable efforts to ensure that Clients do not loiter nor deposit their belongings outside CSH facilities or program offices or in the neighboring vicinity so as to disturb neighbors or neighboring property.

12. Use commercially reasonable efforts to screen all potential Clients for violent crimes histories using court record and registered sex offender websites.

13. Adequately staff the program offices and CSH facilities as necessary to administer the program in a manner consistent with the terms of this Agreement. Staff shall be certified in emergency first aid at all times. Staff shall receive at least annual training in conflict resolution techniques and issues related to cultural diversity/sensitivity.

14. Participate in the HMIS System. Contractor shall maintain in each Client’s paper case file the original signed HMIS Informed Consent and Release Form. In the event that a Client declines to sign this form, the case manager should note accordingly in the Client’s paper case file.

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15. Monitor, evaluate and take effective follow-up action to address needed improvements in service delivery as identified and documented in evaluations and monitoring visits conducted by DPSS.

16. Have client sign a form that verifies their stay at the facility entrance, weekly, and at exit (unless client leaves without notice).

17. Collect each Client’s pertinent personal data and CSH usage as available.

18. Participate regularly in the Continuum of Care meetings.

B. Utilizing Contractor’s staff, complete all custodial duties as necessary to maintain program officers and CSH facilities in a clean safe condition.

C. Pay any and all utility cost for program officers and CSH sites, including but not limited to electric, natural gas, water, and communications.

D. Notify DPSS, as soon as reasonably possible, of any Critical Incidents.

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Ramp up Plan EXHIBIT B TIMELINE SCOPE OF SERVICE

Pre-Contract

• Finalize Contract • Prevention and Diversion Services o Identify and Secure Co-Location options o Rapidly Rehouse clients from Roy’s Desert Resource Center

as funding permits. • Crisis stabilization housing o Identify and Secure Locations

• Recruit and hire staff.

July 1, 2017 – August 31, 2017

• Prevention and Diversion Services o Finalize Co-Location options (Services will be provided via

the housing hotline and at appropriate public locations until office locations are solidified).

o Operate housing hotline to identify individuals in need, divert

them from emergency shelter services, and connect them with the appropriate level of assistance.

o Provide emergency rental assistance for those at risk of

becoming homeless.

o Provide housing navigation, security deposits, utility assistance, and rental assistance for those who are homeless to rapidly find new housing.

o Provide case management to secure housing stability and

appropriate linkages to community and mainstream resources.

o Provide supportive services including behavioral health

support and employment support once housed.

• Crisis stabilization houising o Finalize Locations (These Services will be limited

while all 12 locations are solidified). o As locations for Crisis Stabilization Housing are

solidified, they will immediately be furnished and put into use as Crisis Stabilization Housing or those in homeless situations.

o Until all 12 scattered sites are secured, POLM will use

a combination of secured sites and motel vouchers to provide an immediate exit off of the streets.

o Monitor each housing unit several times per week.

o Provide case management to connect individuals with

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appropriate resources and exit that emergency housing as quickly as possible into more stable non-emergency housing.

o Provide laundry tokens weekly, clothing as needed

with a voucher, toiletries, and food support.

September 1, 2017 – June 30, 2018

• Prevention and Diversion Services o Provide services at office locations by appointment and at

appropriate public locations as necessary.

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

o Provide emergency rental assistance for those at risk of

becoming homeless.

o Provide housing navigation, security deposits, utility assistance, and rental assistance for those who are homeless to rapidly find new housing

o Provide case management to secure housing stability and

appropriate linkages to community and mainstream resources.

o Provide supportive services including behavioral health support and employment support once housed.

• Crisis stabilization housing o Provide emergency housing to homeless individuals and

families in scattered site housing units.

o Monitor each housing unit several times per week. o Provide case management to connect individuals with

appropriate resources and exit that emergency housing as quickly as possible into more stable non-emergency housing.

o Provide laundry tokens weekly, clothing as needed with a

voucher, toiletries, and food support.

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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) 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)


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

Quarter

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)


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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.


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EXHIBIT C – HOUSING HABITABILITY STANDARDS INSPECTION CHECKLIST

Housing Habitability Standards Inspection Checklist

Approved or Deficient

Element

1. Structure and materials: The structures must be structurally sound so as not to

pose any threat to the health and safety of the occupants and so as to protect the residents from hazards.

2. Access: The housing must be accessible and capable of being utilized without

unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire.

3. Space and security: Each resident must be afforded adequate space and security

for themselves and their belongings. Each resident must be provided with an acceptable place to sleep.

4. Interior air quality: Every room or space must be provided with natural or

mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents.

5. Water Supply: The water supply must be free from contamination.

6. Sanitary Facilities: Residents must have access to sufficient sanitary facilities that

are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste.

7. Thermal environment: The housing must have adequate heating and/or cooling

facilities in proper operating condition.

8. Illumination and electricity: The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire.

9. Food preparation and refuse disposal: All food preparation areas must contain

suitable space and equipment to store, prepare, and serve food in a sanitary manner.

10. Sanitary condition: The housing and any equipment must be maintained in sanitary condition.

11. Fire safety: Both conditions below must be met to meet this standard. a. Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person.

b. The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, day care centers, hallways, stairwells, and other common areas.

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CERTIFICATION STATEMENT

I certify that I am not a HUD certified inspector and I have evaluated the property located at the address below to the best of my ability and find the following:

□ Property meets all of the above standards.

□ Property does not meet all of the above standards.

Therefore, I make the following determination:

□ Property is approved □ Property is denied

Case Name: Street Address: Apartment: City: State: Zip: Date: Evaluator Name: Evaluator Signature:

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EXHIBIT D-WEST VALLEY HOUSING NAVIGATION BUDGET

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COUNTY OF RIVERSIDE DEPARTMENT OF PUBLIC SOCIAL SERVICES

CONTRACTOR PAYMENT REQUEST

Exhibit Number:F

From: Coachella Valley Association of Governments Remit to Name Address Contractor Name Contract Number

Total amount requested for the period of 20

Select Payment Type(s) Below:

Advance Payment $ Actual Payment $ (if allowed by Contract/MOU) (Same amount as 2076B if needed)

Unit of Service Payment $ # of Units) X ($) # of Units) X ($) # of Units) X ($) # of Units) X ($) # of Units) X ($)

Any questions regarding this request should be directed to: Name Phone Number I hereby certify under penalty of perjury that to the best of my knowledge the above is true and correct Authorized Signature Title Date

FOR DPSS USE ONLY (DO NOT WRITE BELOW THIS LINE)

Business Unit (5) Purchase Order # (10) Invoice #

Account (6) Amount Authorized

If amount authorized is different from amount request, please explain: Fund (5)

Dept ID (10) Program (5) Program (if applicable) Date

Class (10) Management Reporting Unit Date

Project/Grant (15) Contracts Administration Unit Date

Vendor Code (10) General Accounting Section Date

To: Riverside County Department of Public Social Services

Attn: Management Reporting Unit 4060 County Circle Drive Riverside, CA 92503

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COUNTY OF RIVERSIDE DEPARTMENT OF PUBLIC SOCIAL SERVICES CONTRACTOR EXPENDITURE REPORT (2076B)

CONTRACTOR:

ACTUAL EXPENDITURES FOR (MM/YYYY)

CONTRACT #:

EXPENSE CATEGORY

APPROVED BUDGETED AMOUNT

CURRENT EXPENDITURES

CUMULATIVE EXPENDITURES

UNEXPENDED BUDGETED AMOUNT BILLABLE AMOUNT

List each item as outlined in contract budget.

TOTAL BUDGET/EXPENSES IN-KIND CASH CONTRIBUTION

List each type of contribution TOTAL IN-KIND/CASH MATCH CLIENT FEES COLLECTED CURRENT PERIOD YEAR TO DATE

DPSS 2076B (8/03) Contract Expenditure Report

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Exhibit C DEPARTMENT OF PUBLIC SOCIAL SERVICES FORMS Mailing Instructions: When completed, these forms will summarize all of your claims for payment. Your Claims Packet will include DPSS 2076A, 2076B (if required). invoices, payroll verification, and copies of canceled checks attached, receipts, bank statements, sign-in sheets, daily logs, mileage logs, and other back-up documentation needed to comply with Contract/MOU. Mail Claims Packet to address shown on upper left corner of DPSS 2076A. [see method, time, and schedule/condition of payments). (Please type or print information on all DPSS Forms.) DPSS 2076A CONTRACTOR PAYMENT REQUEST "Remit to Name" The legal name of your agency. "Address" The remit to address used when this contract was established for your agency. All address changes must be submitted for processing prior to use. "Contractor Name" Business name, if different than legal name (if not leave blank). "Contract Number" Can be found on the first page of your contract. "Amount Requested" Fill in the total amount and billing period you are requesting payment for. "Payment Type" Check the box and enter the dollar amount for the type(s) of payment(s) you are requesting payment for. "Any questions regarding…" Fill in the name and phone number of the person to be contacted should any questions arise regarding your request for payment. "Authorized Signature, Title, and Date (Contractor's) Self-explanatory (required). Original Signature needed for payment.

EVERYTHING BELOW THE THICK SOLID LINE IS FOR DPSS USE ONLY AND SHOULD BE LEFT BLANK.

ITEM 7A

Staff Report Subject: 2017 Nomination Committee Recommendation Contact: Tom Kirk, Executive Director ([email protected]) Nomination Committee Recommendation: 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. Background: The 2017 Nomination Committee – made up of Chair Dana Reed, City of Indian Wells, Palm Desert Mayor Jan Harnik, and Cathedral City Mayor Stan Henry, met following the June 5, 2017 Executive Committee meeting. The Nomination Committee recommended Supervisor Marion Ashley, County of Riverside, be elected to serve as the FY 2017/18 Executive Committee Chair. The Committee also recommended the Executive Committee representative from the City of Indio be elected Vice Chair for FY 2017/18. The General Assembly will consider the Executive Committee recommendation at the June 26, 2017 meeting. Staff will report the results of the Executive Committee action taken. FISCAL ANALYSIS: There will be no financial impact on CVAG.


ITEM 7B

Staff Report Subject: Resolution No. 17-005 adopting CVAG’s 2017/2018 Fiscal Year Annual

Budget, Salary Schedule, and Allocated Positions Contact: Gary Leong, Deputy Executive Director ([email protected]) Recommendation: Approve Resolution No. 17-005 adopting CVAG’s 2017/2018 Fiscal Year Annual Budget, Salary Schedule, and Allocated Positions. Technical Advisory Committee: CONCURS (Meeting of June 12th) TAC Budget Sub-Committee: CONCURS (Meeting of May 31st) Background: The Proposed FY 2017/18 Budget is presented for your approval. The Technical Advisory Committee has reviewed the proposed budget and approved it accordingly. To date, staff has not received any comments on the FY 2017/18 Budget and as such, no changes were made to the Draft Budget presented to you at the last meeting. The FY 2017/18 Budget is available on CVAG’s website (www.cvag.org). Fiscal Analysis: Per draft budget presented.


http://www.cvag.org/

RESOLUTION NO.17-005

A RESOLUTION OF THE GENERAL ASSEMBLY OF THE

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ADOPTING THE 2017/2018 FISCAL YEAR

ANNUAL BUDGET, SALARY SCHEDULE, AND ALLOCATED POSITIONS

WHEREAS, the 2017/2018 fiscal year annual budget is a balanced budget; and WHEREAS, the 2017/2018 fiscal year proposed operating budget is a 4% increase from the 2016/2017 fiscal year operating budget; and WHEREAS, CVAG is proposing staffing at 17 allocated positions in the 2017/2018 fiscal year, and WHEREAS, the Administrative/Personnel Committee and the Executive Committee have approved modifications to the salary schedule, increasing the cost of salaries by 2.0%; WHEREAS, CVAG maintain a General Reserve of approximately two years operating expenditures. NOW THEREFORE BE IT RESOLVED as follows:

1. The General Assembly adopts the 2017/2018 Fiscal Year Annual Budget.

2. The General Assembly adopts the CVAG Salary Schedule.

3. The General Assembly adopts the allocation of CVAG positions. PASSED AND ADOPTED, by the General Assembly of the Coachella Valley Association of Governments, County of Riverside, State of California on June 26, 2017. By:_____________________________ Witnessed By: Dana Reed, Chair

Tom Kirk CVAG

Executive Director

ITEM 7C

Staff Report Subject: Contract for West Valley Housing Navigation Program Addressing

Homelessness Contact: Cheryll Dahlin, Management Analyst ([email protected])

Recommendation: 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; and 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. Technical Advisory Committee: Approved in concept (7-0-5 vote) entering into an agreement with Path of Life Ministries but asked to revisit the program’s budget in September (Meeting of June 12th) Homelessness Committee: Approved recommendation (8-1-1 vote) (Meeting of June 21st) Background: The CVAG Executive Committee made a commitment to administer Roy’s Desert Resource Center (Roy’s), an emergency shelter in North Palm Springs, until 2017. Roy’s has helped more than 6,000 unduplicated individuals and families since 2009. Last fall, the operator of Roy’s – Jewish Family Services of San Diego, dba Desert SOS – notified CVAG that it would not ask to renew its agreement after June 2017. The Homelessness Committee determined that a fresh approach to providing homeless services in the West Valley is needed given a new permanent shelter location is not easily identifiable and replacement services need to be available as soon as July 1, 2017. At the November Homelessness Committee, the late Supervisor John J. Benoit endorsed the vision put forth by County’s Department of Public Social Services to transition the emergency shelter program at Roy’s with services centered on the rapid rehousing philosophy, which also known as Housing First. Supervisor Benoit also announced the Roy’s facility to become a much-needed long-term board and care facility. This facility will have 90 beds, and it will be administered by the Riverside University Health System, Behavioral Health. The Homelessness Committee released a Request for Interest (RFI) for a Program Operator for Addressing Homelessness through West Valley Housing Navigation Program on February 24, 2017. The RFI focused on two distinct services: Homeless Prevention and Diversion as well as Crisis Stabilization Housing. The submission deadline was March 14, 2017. CVAG staff received


two submissions: one from Path of Life Ministries (POLM) and another from Mr. Bruce Rhodes. Mr. Rhodes later withdrew his application. The Homelessness Committee approved the POLM Request for Interest submission on April 19, 2017. POLM Executive Director Damien O’Farrell provided a detailed overview about the proposal during the Committee’s June 6, 2017 study session. POLM is a private, nonprofit organization, headquartered in Riverside, that has been providing homeless services for over 12 years. They are governed by an eight-member Board of Directors. POLM supports a Housing First program model and employs 45 staff who are engaged in emergency sheltering, rapid rehousing and permanent supportive housing. The organization receives funding from private donors and public sources, such as US Department of Housing and Urban Development (through the Riverside County Continuum of Care), FEMA Emergency Food and Shelter Program, and Community Development Block Grant programs. POLM proposes delivering services for the West Valley Housing Navigation Program from one office location (to be determined) in each of the three cities - Desert Hot Springs, Palm Springs, and Cathedral City. Using a staggered staffing schedule, coverage will be provided 7 days a week from 7a.m. until 9 p.m. In addition to the office locations, POLM will be conducting outreach in these West Valley cities. Below is a summary of the two components that were requested in the RFI:

1. Homeless Prevention and Diversion (HPD) services will be achieved through rapid rehousing opportunities, emergency rental assistance, housing navigation assistance, and supportive services such as security deposits, utility assistance, and case management services.

2. Crisis Stabilization Housing (CSH) programming will ensure that individuals in emergency

housing exit quickly into stable non-emergency housing. POLM intends to provide 6-10 beds of emergency housing in Desert Hot Springs, Palm Springs, and Cathedral City though the leasing of up to four rental properties in each of these cities. Clients may stay up to a maximum of 90 days. POLM already has these types of homes in every Coachella Valley city, as a part of their countywide efforts. Like those homes, clients will be monitored by case managers with the goal to be permanently housed. These are not group homes; the housing units will house one household at a time. For example, a one bedroom unit can house an individual or married couple whereas a two or three-bedroom unit can house a family with children.

In addition to these services POLM, the contract outlines opportunities to leverage community partnerships and services in the western Coachella Valley. All individuals and clients will be assessed and entered into the Countywide Coordinated Entry System, which helps those in the highest need first. The contract outlines a ramp-up plan that begins July 1, 2017 and provides projections that are based on POLM’s experience in Housing First programs. Fiscal Impact: POLM’s proposed budget for the WVHNP is $864,737.22. The contract approval is conditional upon the funding received from cities. The program is scalable, so the level of services can be adjusted depending on the contributions from member jurisdictions. At the previous direction of the Homelessness Committee, staff sent letters to member jurisdictions that asked for a budget placeholder for this program but did not specify an amount.

To date, the cities of Palm Springs, Palm Desert and Rancho Mirage have budgeted a placeholder for $103,000 for FY 17-18. The City of Cathedral City has budgeted $51,500 in Community Block Grant Funding, but will be discussing the $103,000 contribution. The City of Desert Hot Springs has put a placeholder in the amount of $103,000, but has not finalized the allocation. The City of Coachella continues to discuss the issue. The City of Indian Wells has requested CVAG staff to participate in the City’s Grants in Aid Program, but is still in discussion on its allocation. The City of Indio contributes $103,000 to homeless programs within the City. The City of La Quinta contributes $50,000 to Coachella Valley Rescue Mission and has provided a mini-grant to Martha’s Village and Kitchen. The County has notified CVAG that it will contribute $359,711 to this program. At the June Technical Advisory Committee meeting, the members spent time discussing the financial contributions from cities. TAC plans to revisit the discussion of a funding formula from cities for this program. The budget can be amended at any time and would go through the CVAG committees for approval. There is no fiscal impact as staff time is charged 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. Attachments: CVAG Homelessness Budget

POLM Agreement

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SERVICE CONTRACT

between


and

CONTRACTOR: PATH OF LIFE MINISTRIES

AGREEMENT TERM: July 1, 2017-June 30, 2018 MAXIMUM REIMBURSABLE AMOUNT: $864,737.22 WHEREAS, the Coachella Valley Association of Governments (CVAG), desires to provide homeless prevention and diversion services, and crisis stabilization housing; WHEREAS, Path of Life Ministries (Contractor) is qualified to provide homeless prevention and diversion services, and crisis stabilization housing; WHEREAS, CVAG desires that Contractor perform these services in accordance with the TERMS and CONDITIONS (T&C) attached hereto and incorporated herein by this reference. The T&C specify the responsibilities of CVAG and CONTRACTOR; and NOW THEREFORE, CVAG and Contractor do hereby covenant and agree that Contractor shall provide said services in return for monetary compensation, all in accordance with the terms and conditions contained herein of this Agreement.

Authorized Signature for CVAG:

Authorized Signature for CONTRACTOR

Printed Name of Person Signing: Tom Kirk

Printed Name of Person Signing: Damien O’Farrell



Address: 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260

Address: P.O. Box 1445 Riverside, CA 92502

Date Signed:

Date Signed:

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TABLE OF CONTENTS

I. DEFINITIONS .................................................................................................................................. 3

II. CVAG RESPONSIBILITIES ............................................................................................................. 4

III. CONTRACTOR RESPONSIBILITIES (SCOPE OF SERVICES) ...................................................... 4

IV. FISCAL PROVISIONS ..................................................................................................................... 7 A. MAXIMUM AMOUNT ................................................................................................................. 7 B. METHOD, TIME AND SCHEDULE CONDITIONS OF PAYMENT ............................................. 7 C. FINANCIAL RESOURCES ......................................................................................................... 8 D. RECORDS, INSPECTIONS AND AUDITS ................................................................................. 8 E. SUPPLANTATION ..................................................................................................................... 8 F. DISALLOWANCE ....................................................................................................................... 9

V. GENERAL ........................................................................................................................................ 9 A. EFFECTIVE PERIOD ................................................................................................................. 9 B. CONFLICT OF INTEREST ......................................................................................................... 9 C. NOTICES ................................................................................................................................... 9 D. CONFIDENTIALITY ................................................................................................................... 9 E. EMPLOYMENT PRACTICES ..................................................................................................... 9 F. CLIENT CIVIL RIGHTS COMPLIANCE .................................................................................... 10 G. RELIGIOUS PROHIBITION ...................................................................................................... 11 H. HOLD HARMLESS/INDEMNIFICATION .................................................................................. 11 I. INSURANCE ............................................................................................................................ 11 J. LICENSES AND PERMITS ...................................................................................................... 13 K. INDEPENDENT CONTRACTOR .............................................................................................. 14 L. ASSIGNMENT ......................................................................................................................... 14 M. SUBCONTRACT FOR SERVICES ........................................................................................... 14 N. DISCLOSURE OF INFORMAITON RELEVANT TO CLIENT SAFETY..................................... 14 O. CHILD ABUSE REPORTING ................................................................................................... 15 P. ELDER AND DEPENDENT ABUSE REPORTING ................................................................... 15 Q. COMPLIANCE WITH RULES, REGULATIONS AND DIRECTIVES ......................................... 15 R. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) ....................... 15 S. DISPUTES ............................................................................................................................... 15 T. SANCTIONS ............................................................................................................................ 16 U. TERMINATION ........................................................................................................................ 16 V. GOVERNING LAW................................................................................................................... 16 W. MODIFICATION OF TERMS .................................................................................................... 16 X. ENTIRE AGREEMENT ............................................................................................................ 16

TIMELINE AND DELIVERABLES…………………………………………………………….. ....... EXHIBIT A.

HOUSING HABITABILITY STANDARDS INSPECTION CHECKLIST……………………. ...... EXHIBIT B WEST VALLEY HOUSING NAVIGATION PROGRAM BUDGET………………………………..EXHIBIT C

CONTRACTOR PAYMENT REQUEST FROM ....................................................................... EXHIBIT D

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CONTRACT TERMS AND CONDITIONS

I. DEFINITIONS

A. “Contract Administrator” refers to a member of the CVAG staff that is assigned by CVAG to

be the liaison between Contractor and CVAG.

B. “Program Manager” refers to a member of the Contractor staff that is assigned by Contractor to be the liaison between CVAG and Contractor.

C. “West Valley Housing Navigation Program” (WVHNP, or the “program,”) refers to the program described hereinbelow created to provide services for the homeless population, or those at risk, in the western Coachella Valley, with a primarily focus on Clients in Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, and Palm Desert, as well as Riverside County unincorporated areas surrounding these cities.

D. “Homeless Prevention and Diversion Services” (HPD) strives to preserve individuals’ and families’ current housing before they fall into homelessness (i.e. through use of rental assistance, linkage to social services, etc.). HPD services will assist those that are precariously housed to find alternatives, with the goal of rapidly rehousing those Clients, bypassing temporary Crisis Stabilization Housing.

E. “Coordinated Entry System” (CES) refers to Riverside County’s Coordinated Entry System which ensures that everyone seeking services is assessed and prioritized within the CES protocol as established by the Department of Behavioral Health.

F. “Crisis Stabilization Housing” (CSH) sites refers to facilities that will temporarily house homeless individuals and families and provide them with intensive case management to assist them in moving into permanent housing (market rate, subsidized, etc.) as quickly as possible.

G. “Critical incident” refers to any event that jeopardizes the safety of clients, staff or facilities. Events may include, but are not limited to, physical altercations, fires, mandated reportable events, e.g., child abuse, etc.

H. “Clients” means individuals and families eligible for services in West Valley Housing

Navigation Program. I. “CVAG” refers to the Coachella Valley Association of Governments, which has administrative

responsibility for this Agreement. J. “DPSS” refers to the Riverside County Department of Public Social Services. K. “HMIS System” refers to the web-based Homeless Management Information System

maintained by the Riverside County Department of Public Social Services (DPSS). It is a computerized system designed to capture Client-level information over time on the characteristics and service needs of men, women, and children experiencing homelessness.

L. “HUD” refers to the United States Department of Housing and Urban Development.

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II. CVAG RESPONSIBILITIES

CVAG will:

A. Assign a staff member to act as Contract Administrator. B. Establish agreements with outside agencies and social service providers to provide additional

on-site assistance and services to Clients at program offices or CSH sites as CVAG, in its sole discretion, shall deem appropriate to supplement Contractor’s services.

C. In partnership with DPSS, monitor and evaluate Contractor’s performance and compliance

with this Agreement in any manner CVAG and/or DPSS deems appropriate, including but not limited to quarterly on-site visits, annual inspections, and evaluations.

D. Provide Contractor with advance notice of and the monitoring tool to be used in the on-site

monitoring visits.

III. CONTRACTOR RESPONSIBILITIES (SCOPE OF SERVICES)

Contractor will:

A. Assign a member of Contractor’s staff to act as Program Manager, whose duties will include but not be limited to the following:

1. Acting as liaison between CVAG and Contractor.

2. Overseeing all Contractor staff and outside agencies in program offices or CSH sites. Outside agencies could include rotating social service providers.

3. Preparing and delivering reports to and responding to the direction of the Contract Administrator. The content and frequency of reports shall be determined by CVAG.

4. Assisting with grants management.

5. Providing quarterly reports to the Contract Administrator.

6. Screening all outside volunteers.

B. Provide the following program services:

1. Ramp-up program services and perform the following consistent with the timeline attached as Exhibit A:

2. Homeless Prevention and Diversion (HPD) Services:

a. At a minimum, Contractor shall staff and operate at least two physical locations for providing HPD services, with one in Palm Springs and one in Desert Hot Springs. A third location in Cathedral City would be beneficial. Co-locating with public social services or an existing social service and/or county agency is strongly encouraged as opposed to opening a new service site.

b. Participate in the Riverside County’s Coordinated Entry System (CES) as part of the County of Riverside Continuum of Care (CoC). Ensure 100% of all persons served

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through the WVHNP will be screened and services offered will have been decided using CES.

c. Provide the HPD services in such a manner that the days and hours of operation, service locations, and access to transportation do not pose barriers to persons requiring services.

d. Utilizing Contractor’s staff, provide adequate staffing at the program offices between the hours of 7:00 a.m. and 9:00 p.m. each calendar day unless other hours are determined to be more effective and efficient and are approved by CVAG.

e. Client outcomes will be achieved through: i. Case Management/Diversion Services: All Clients will be assessed and the

pertinent information entered into the Coordinated Entry System.

ii. Prevention Services: At a minimum, Contractor shall provide a minimum of twenty (20) households, but no more than forty (40), that are at risk of becoming homeless with one to two months of rental assistance and case management services.

iii. Rapid Rehousing Services: Contractor will provide rapid rehousing placement for a minimum of twelve (12) homeless households, each for a minimum of one month up to six months, by way of rental assistance, utility assistance, and case management services through housing navigators.

f. Contractor will endeavor to identify and leverage community-based, value-added

partnerships that support Contractor’s HPD services.

3. Crisis Stabilization Housing (CSH) Services:

a. Provide ninety (90) days of crisis stabilization housing services, free of charge, for as many as ten (10), but not less than six (6), homeless individuals, in each of the following cities: Palm Springs, Desert Hot Springs, and Cathedral City. Said ninety (90) days period shall include an initial stay of sixty (60) consecutive days, with thirty (30) additional consecutive days of extended stay as needed and for good cause, which must be documented. Regardless of the length, at the conclusion of any such stay, there shall be a thirty (30) day waiting period before a Client shall be eligible for additional CSH services.

b. The Contractor will abide by Standard Housing Quality Standards and perform a periodic inspection using the checklist attached as Exhibit B.

c. Each CSH unit may only house one (1) household. For example, a one (1) bedroom unit will house an individual or married couple; and a two (2) or three (3) bedroom unit will house a family with children.

4. Consistent with the level of transportation services described in the budget attached as Exhibit C, Contractor shall provide limited transportation to and from the CSH sites.

5. Assist all interested Clients with referral or access to services such as health care, social services, employment services, mainstream benefits programs, (e.g., General Relief; Social Security; Supplemental Security Income; the Women, Infants and Children nutrition program; etc.,) vocational services, and legal assistance, etc.

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6. Provide translation and interpretive services as needed.

7. Maintain a case file for each Client that contains, at a minimum, detailed and legible case notes describing referrals made and progress gained in the program. All Clients are required to participate in case management and Contractor’s staff shall complete appropriate documentation of each Client’s progress on a routine basis.

8. Maintain written records, for review by CVAG and/or DPSS, at each CSH site, evidencing compliance with each of the following:

a. Contractor shall post emergency and evacuation procedures in a conspicuous space. b. Contractor shall conduct weekly random safety checks to ensure weapons and

contraband items are not in the housing facility.

9. Post rules and guidelines in English and Spanish in a conspicuous place at each CSH site.

10. Maintain and post in a conspicuous place within each CSH site and program office a Client grievance procedure.

11. Use commercially reasonable efforts to ensure that Clients do not loiter nor deposit their belongings outside CSH facilities or program offices or in the neighboring vicinity so as to disturb neighbors or neighboring property.

12. Use commercially reasonable efforts to screen all potential Clients for violent crime histories using court record and registered sex offender websites.

13. Adequately staff the program offices and CSH facilities as necessary to administer the program in a manner consistent with the terms of this Agreement. Staff shall be certified in emergency first aid at all times. Staff shall receive at least annual training in conflict resolution techniques and issues related to cultural diversity/sensitivity.

14. Participate in the HMIS System. Contractor shall maintain in each Client’s paper case file the original signed HMIS Informed Consent and Release Form. In the event that a Client declines to sign this form, the case manager should note accordingly in the Client’s paper case file.

15. Monitor, evaluate and take effective follow-up action to address needed improvements in service delivery as identified and documented in evaluations and monitoring visits conducted by CVAG and/or DPSS.

16. Have client sign a form that verifies their stay at the facility entrance, weekly, and at exit (unless client leaves without notice).

17. Collect each Client’s pertinent personal data and CSH usage as available.

18. Participate regularly in the Continuum of Care meetings.

C. Utilizing Contractor’s staff, complete all custodial duties as necessary to maintain program offices and CSH facilities in a clean and safe condition.

D. Pay any and all utility costs for program offices and CSH sites, including but not limited to

electric, natural gas, water, and communications.

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E. Notify CVAG, as soon as reasonably possible, of any Critical Incidents.

IV. FISCAL PROVISIONS

A. AVAILABILITY OF FUNDING

Contractor acknowledges that CVAG has not yet obtained funding commitments from various other public agencies, which commitments are a prerequisite to funding the WVHNP. Nothing in this Agreement will be construed as affecting the authority of CVAG, or as binding it beyond its authority, or to require it to obligate or expend funds in excess of available appropriations. A condition precedent to CVAG’s obligation to fund the program pursuant to the terms of this Agreement shall at all times be subject to CVAG’s receipt of sufficient funding from other public agencies. At CVAG’s sole discretion, CVAG may terminate this Agreement if insufficient funding is received.

B. MAXIMUM AMOUNT

Based on funding availability, the total payment under this Agreement shall not exceed $864,737.22 (the total budget amount). Contractor’s budget for said amount is attached as Exhibit C. Except as otherwise provided herein, said amount shall be paid to Contractor in twelve equal monthly installments over the term of this Agreement.

C. METHOD, TIME AND SCHEDULE CONDITIONS OF PAYMENT

1. Contractor shall submit a payment request, together with a progress report, each month. Upon confirmation by CVAG that the progress report is consistent with the terms of this Agreement, and demonstrates that there is sufficient funding remaining in the budget for Contractor to complete the term of this Agreement, Contractor will be paid pursuant to the payment request. If the required supporting documentation is not provided, or the progress report suggests that the amount of monthly payments paid through the date of the most recent payment request does not leave sufficient funding in the budget to fund Contractor’s services as described herein for the entire remaining term of the Agreement, CVAG may delay payment until the information is received and/or Contractor has demonstrated that there are sufficient funds remaining in the budget to continue to provide the program services for the remaining term of the Agreement.

2. All payment requests shall be submitted on a monthly basis no later than thirty (30) calendar days after the end of each month in which the services were provided. All approved payment requests will be paid within thirty (30) calendar days after CVAG’s receipt of Contractor’s payment request.

3. Contractor shall submit each payment request on the form attached as Exhibit D.

4. At the start of the term of this Agreement, if sufficient funds are received, CVAG will advance up to two (2) months of payments to Contractor for initial costs such as deposits and rent on office space and/or CSH sites. Thereafter, no payment request shall be made for any month for which an advance was received by Contractor.

5. Subject to fund availability, the term of this Agreement shall begin on July 1, 2017 and end on June 30, 2018; except that, in the event any funding source for this Agreement should be withdrawn or reduced, CVAG may terminate this Agreement upon thirty (30) days written notice to Contractor.

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D. FINANCIAL RESOURCES

Contractor warrants that Contractor shall retain sufficient financial resources necessary to perform all aspects of its obligations, as described under this Agreement. Further, the Contractor warrants that there has been no adverse material change in the Contractor, or any parent or subsidiary entity, resulting in a negative impact to the financial condition and circumstances of Contractor since the date of the most recent financial statements previously provided to CVAG.

E. RECORDS, INSPECTIONS AND AUDITS

1. Contractor shall maintain auditable books, records, documents, and other evidence pertaining to costs and expenses in this Agreement. Contractor shall maintain these records for three (3) years after final payment has been made or until all pending local, County, State, and Federal audits, if any, are completed, whichever is later.

2. Through the coordination of CVAG’s Contract Administrator, any authorized representative of CVAG shall have access, at all reasonable times, to any books, documents, papers, electronic data, and other records, which these representatives may determine to be pertinent to this Agreement, for the purpose of performing an audit, evaluation, inspection, review, assessment, or examination; provided, however, no personnel shall have access to any of Contractor’s proprietary or privileged documents or records. These representatives are authorized to obtain excerpts, transcripts, and copies, as they deem necessary. Further, these authorized representatives shall have the right at all reasonable times to inspect or otherwise evaluate the work performed, or being performed, under this Agreement and the premises in which it is being performed.

3. This access to records includes, but is not limited to, service delivery, referral, financial, and administrative documents for three (3) years after final payment is made, or until all pending local, County, State, and Federal audits are completed, whichever is later.

4. Should Contractor disagree with any financial audit conducted by CVAG, Contractor shall have the right to employ a licensed Certified Public Accountant (CPA) to prepare and file with CVAG a certified financial and compliance audit that is in compliance with generally-accepted government accounting standards of related services provided during the term of this Agreement. Contractor shall not be reimbursed by CVAG for such an audit.

5. In the event Contractor does not make available its books and financial records at a site located within CVAG’s geographical jurisdiction, Contractor agrees to pay all necessary and reasonable expenses, including legal fees, incurred by CVAG in conducting such an audit.

F. SUPPLANTATION

Contractor shall not supplant any federal, state, county or local funds intended for the purpose of this Agreement with any funds made available under any other agreement. Contractor shall not claim reimbursement from CVAG for, or apply any sums received from CVAG, with respect to the portion of its obligations, which have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from any other source without prior approval of CVAG.

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G. DISALLOWANCE

In the event Contractor receives payment for services under this Agreement which is later disallowed by CVAG for material nonconformance with the terms and conditions herein, Contractor shall promptly refund the disallowed amount to CVAG on request, or at its option, CVAG may offset the amount disallowed from any payment due to Contractor under any provision of this Agreement.

V. GENERAL

A. EFFECTIVE PERIOD

Subject to availability of funding, this Agreement is effective beginning July 1, 2017 through June 30, 2018; provided, however, that CVAG shall have the right, but not the obligation, upon thirty (30) days prior written notice to Contractor, to extend the term of this Agreement for up to two successive periods of twelve (12) months each, on the same terms, covenants and conditions as provided for in this Agreement.

B. CONFLICT OF INTEREST

Contractor, Contractor’s employees, and agents shall have no interest, and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required under this Agreement.

C. NOTICES

All reports, notices and other communications shall be addressed as follows: If to CVAG: Coachella Valley Association of Governments Department of Community Resources 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92262 If to Contractor: Path of Life Ministries P.O. Box 1445 Riverside, CA 92502 All mailed notices shall be deemed effective when they are made in writing, addressed as indicated above, and deposited in the United States mail. Any notices, correspondence, reports and/or statements authorized or required by this Agreement addressed in any other fashion will not be acceptable.

D. CONFIDENTIALITY

Contractor shall maintain the confidentiality of all Client information and records and comply with all other statutory laws and regulations relating to privacy and confidentiality.

E. EMPLOYMENT PRACTICES

1. Contractor shall not discriminate in its recruiting, hiring, promoting, demoting, or terminating practices on the basis of race, religious creed, color, national origin, ancestry,

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physical handicap, medical condition, marital status, age, or sex in the performance of this Agreement, and to the extent they shall apply, with the provisions of the Fair Employment and Housing Act (FEHA), and the Federal Civil Rights Act of 1964 (P. L. 88-352).

2. In the provision of benefits, Contractor shall certify and comply with Public Contract Code section 10295.3, to not discriminate between employees with spouses and employees with domestic partners, or discriminate between the domestic partners and spouses of those employees.

3. For the purpose of this section, Domestic Partner means one of two persons who have filed a declaration of domestic partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code.

F. CLIENT CIVIL RIGHTS COMPLIANCE

1. Client Complaints

Contractor shall maintain written referral procedures under which any person applying for or receiving services hereunder, whose complaint is not satisfactorily remedied by the Contractor’s internal process, may file a complaint with CVAG with respect to any alleged discrimination in the provision of services by Contractor’s personnel.

2. Services, Benefits and Facilities

Contractor shall not discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of color, race, religions, national origin, sex, gender identity, sexual orientation, age, sexual preference, physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d and all other pertinent rules and regulations, as all may now exist or be hereafter amended or changed. For the purpose of this Section, discrimination means denying a participant or potential participant any service, benefit or accommodation that would be provided to another and includes, but is not limited to, the following:

a. Denying a participant any service or benefit or availability of a facility.

b. Providing any service or benefit to a participant which is different, or is provided in a different manner, or at a different time or place from that provided to other participants.

c. Restricting a participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit. Treating a participant differently from others in satisfying any admission requirement or condition, or eligibility requirement or condition, which individuals must meet in order to be provided any service or benefit.

3. Cultural Competency

Contractor shall make all reasonable efforts based on available resources to cause to be available bilingual professional staff or qualified interpreter to ensure adequate communication between Clients and staff. Any individual with limited English language capability or other communicative barriers shall have equal access to services. For the purpose of this Section, a qualified interpreter is defined as someone who is fluent in English and in the necessary second language, can accurately speak, read and readily

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interpret the necessary second language and/or accurately sign and read sign language. A qualified interpreter must be able to translate in linguistically appropriate terminology necessary to convey information such as symptoms or instructions to the Client in both languages.

G. RELIGIOUS PROHIBITION

There shall be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of this Agreement, including but not limited to, requiring a Client to attend any religious activity or instruction as a condition for receiving any services provided by this Agreement.

H. HOLD HARMLESS/INDEMNIFICATION

Contractor shall indemnify and hold harmless CVAG, its Member Agencies, Departments, their respective Directors, Officers, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as “indemnified parties”) from any liability whatsoever, based or asserted upon any services of Contractor, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever except to the extent caused by the negligence or willful misconduct of CVAG or any of the indemnified parties. Contractor shall defend, at its sole expense, and pay all costs and fees including, but not limited, to attorney fees, costs of investigation, defense and settlements, awards, or other liability incurred by the indemnified parties as a result of any such claim or action. With respect to any action or claim subject to indemnification herein by Contractor, Contractor shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CVAG; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever shall imply fault on the part of CVAG, nor shall it limit or circumscribe Contractor’s indemnification obligation to the indemnified parties as set forth herein. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Contractor’s obligations to indemnify and hold harmless the indemnified parties. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve Contractor from indemnifying the indemnified parties to the fullest extent allowed by law.

I. INSURANCE

Without limiting or diminishing the Contractor's obligation to indemnify or hold the indemnified parties harmless, Contractor shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage during the term of this Agreement. Worker’s Compensation: If the Contractor has employees as defined by the State of California, the Contractor shall maintain statutory Worker’s Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of CVAG, and, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement.

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Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of Contractor’s performance of its obligations hereunder. Policy shall name, in the following manner, “the Coachella Valley Association of Governments, its Member Agencies, Departments, their respective directors, officers, elected or appointed officials, employees, agents and representatives,” as Additional Insureds. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Professional Liability: Contractor shall procure and maintain Professional Liability Insurance (Errors & Omissions), providing coverage for performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement. Upon termination of this Agreement or the expiration or cancellation of the claims made insurance policy, Contractor shall purchase at its sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with at retroactive date back to the date of, or prior to, the inception of this Agreement; or, 3) demonstrate through a Certificate of Insurance that Contractor has maintained continuous coverage with the same or original insurer. Coverage provided under items Worker’s Compensation, Commercial General Liability and Professional Liability will continue for a period of five (5) years beyond the termination of the Agreement. Vehicle Liability: Contractor shall maintain liability insurance for all owned, non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name, in the following manner, “the Coachella Valley Association of Governments, its Member Agencies, Departments, their respective directors, officers, elected or appointed officials, employees, agents and representatives,” as Additional Insureds. General Insurance Provisions – All lines:

1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8).

2. Contractor’s insurance carrier(s) must declare its insurance self-insured retentions. If such self-insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of CVAG before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to CVAG, and at the election of CVAG, Contractor’s carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement, or 2) procure a bond which guarantees

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payment of losses and related investigations, claims administration, and defense costs and expenses.

3. Contractor shall cause Contractor’s insurance carrier(s) to furnish CVAG with (a) a properly executed original Certificate(s) of Insurance and original copies of Endorsements effecting coverage as required herein, or (b) if requested to do so orally or in writing by CVAG, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to CVAG prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless CVAG receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and that the insurance required herein is in full force and effect. Contractor shall not commence operations until CVAG has been furnished original Certificate(s) of Insurance and certified original copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.

4. It is understood and agreed to by the parties hereto that the Contractor’s insurance shall be construed as primary insurance, and CVAG’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

5. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years; CVAG reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in CVAG's judgment, the amount or type of insurance carried by the Contractor has become inadequate.

6. Contractor shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.

7. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to CVAG.

8. Contractor agrees to notify CVAG of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

J. LICENSES AND PERMITS

In accordance with the provisions of the Business and Professions Code concerning the licensing of contractors, all contractors shall be licensed, if required, in accordance with the laws of this State and any contractor not so licensed is subject to the penalties imposed by such laws. Contractor warrants that it has all necessary permits, approvals, certificates, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and

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regulations of the United States, State of California, the County of Riverside, local jurisdictions, and all other appropriate governmental agencies, and shall maintain these throughout the term of this Agreement.

K. INDEPENDENT CONTRACTOR

It is understood and agreed that Contractor is an independent contractor and that no relationship of employer-employee exists between the parties hereto. Contractor and/or Contractor’s employees shall not be entitled to any benefits payable to employees of CVAG including, but not limited to, CVAG’s compensation benefits. CVAG shall not be required to make any deductions for employees of Contractor from the compensation payable to Contractor under the provisions of this Agreement. As an independent contractor, Contractor hereby holds CVAG harmless from any and all claims that may be made against CVAG based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. As part of the foregoing indemnity, Contractor agrees to protect and defend at its own expense, including attorney’s fees, CVAG, its Member Agencies, its officers, agents and employees in any legal action based upon any such alleged existence of an employer-employee relationship.

L. ASSIGNMENT

Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent of CVAG. Any attempt to assign or delegate any interest hereunder shall be void and of no force or effect.

M. SUBCONTRACT FOR SERVICES

No agreement shall be made by Contractor with any party to furnish any of the services herein contained without the prior written approval of CVAG. This provision shall not require the approval of agreements of employment between Contractor and personnel assigned for services thereunder.

N. DISCLOSURE OF INFORMAITON RELEVANT TO CLIENT SAFETY

As stipulated in Penal Code Section 11105.3, Contractor agrees to notify CVAG of any Contractor employee or volunteer staff member that has been convicted of any crimes involving sex, drugs, or violence, or who is known to have a substantiated report of child abuse, as defined in Penal Code Section 11165.12, who has supervisory or disciplinary power over minors, or who occupies supervisor or teaching positions over adult Clients. The procedures of notification are as follows:

• When such information becomes known to Contractor, Contractor shall immediately

notify CVAG concerning any arrests or convictions, for any crimes involving sex, drugs, violence, or substantiated child abuse, of any paid employee or volunteer staff.

• In the event that notification is made, CVAG shall have the right to make any necessary contractual changes.

Failure to notify CVAG of the above is grounds for termination of this Agreement for cause.

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O. CHILD ABUSE REPORTING

If Contractor is a mandated reporter under Penal Code Section 11164-11174.3, Contractor shall establish a procedure acceptable to CVAG to ensure that all employees, volunteers, consultants, subcontractors and agents performing services under this Agreement report child abuse or neglect to a child protective agency as defined in the Penal Code.

P. ELDER AND DEPENDENT ABUSE REPORTING

Contractor shall provide documentation of a policy and procedure acceptable to CVAG to ensure that all employees, volunteers, consultants, subcontractors and agents performing under this Agreement report elder and dependent adult abuse pursuant to Welfare & Institutions Code Sections 15600 et seq. Suspected incidents of abuse should be immediately reported to CVAG, followed by a written report within two (2) working days.

Q. COMPLIANCE WITH RULES, REGULATIONS AND DIRECTIVES

Contractor shall comply with all rules, regulations, requirements, and directives of CVAG, the California Department of Social Services, other applicable state agencies, and funding sources which impose duties and regulations upon CVAG, which are equally applicable and made binding upon Contractor.

R. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

Contractor in this Agreement is subject to all relevant requirements contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-91 enacted August 21, 1996, and the laws and regulations promulgated subsequent thereto. Contractor hereby agrees to cooperate in accordance with the terms and intent of this Agreement for implementation of relevant law(s) and/or regulation(s) promulgated under this Law. Contractor further agrees that it shall be in compliance, and shall remain in compliance with the requirements of HIPAA, and the laws and regulations promulgated subsequent thereto, as may be amended from time to time. All social service privacy complaints should be referred to:

Coachella Valley Association of Governments Department of Community Resources 73-710 Fred Waring Drive, Suite 200

Palm Desert, CA 92260

S. DISPUTES

Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement, which is not disposed by agreement of the parties shall be disposed of utilizing a formal, mutually acceptable dispute resolution method such as binding arbitration. The parties shall use a mutually acceptable third party mediator/arbitrator. Pending conclusion of the formal dispute resolution process, Contractor shall proceed diligently with the performance of this Agreement.

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T. SANCTIONS

Failure by Contractor to comply with any of the provisions covenants, requirements, or conditions of this Agreement including, but not limited to, reporting and evaluation requirements, shall be a material breach of this Agreement. In such event, CVAG may immediately terminate this Agreement in accordance with subparagraph “Termination” below and may take other remedies available by law, or otherwise specified in this Agreement. CVAG may also: 1. Afford Contractor a time period within which to cure the breach, the period of which shall

be established at the sole discretion of CVAG; and/or 2. Discontinue reimbursement to Contractor for, and during the period in which Contractor is

in breach, the reimbursement of which Contractor shall not be entitled to recover later; and/or

3. Withhold funds pending a cure of the breach; and/or 4. Offset against any monies billed by Contractor but yet unpaid by CVAG. CVAG shall give Contractor notice of any action pursuant to this paragraph, the notice of which shall be effective when given.

U. TERMINATION

This Agreement may be terminated with or without cause by either party by giving forty five (45) days prior written notification to the other party. In the event CVAG elects to abandon, indefinitely postpone, or terminate the Agreement, CVAG shall make payments in a prorated amount for all services performed by Contractor up to the effective date of termination.

V. GOVERNING LAW

This Agreement shall be construed and interpreted according to the laws of the State of California. Any legal action related to the interpretation or performance of this Agreement shall be filed only in the Desert Judicial Branch of the Riverside County Superior Court.

W. MODIFICATION OF TERMS

No addition to or alteration of the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees shall be valid unless made in writing and formally approved and executed by both parties.

X. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or contemporaneous agreements of any kind or nature relating to the same shall be deemed to be merged herein.

EXHIBIT A – TIMELINE AND DELIVERABLES TIMELINE

Timeline Scope of Work

Pre-Contract • Finalize Contract

• Prevention and Diversion Services o Identify and Secure Co-Location options o Rapidly Rehouse clients from Roy’s Desert

Resource Center as funding permits.

• Crisis stabilization housing o Identify and Secure Locations

• Recruit and hire staff.

July 1, 2017 – August 31, 2017 • Prevention and Diversion Services o Finalize Co-Location options (Services will be

provided via the housing hotline and at appropriate public locations until office locations are solidified).


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


o Provide case management to secure housing stability and appropriate linkages to community and mainstream resources.


• Crisis stabilization housing o Finalize Locations (These Services will be limited

while all 12 locations are solidified). o As locations for Crisis Stabilization Housing are

solidified, they will immediately be furnished and put into use as Crisis Stabilization Housing for those in homeless situations.

o Until all 12 scattered sites are secured, POLM will use a combination of secured sites and motel vouchers to provide an immediate exit off of the streets.


o Provide case management to connect individuals with appropriate resources and exit

that emergency housing as quickly as possible into more stable non-emergency housing.

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

September 1, 2017 – June 30, 2018 • Prevention and Diversion Services o Provide services at office locations by

appointment and at appropriate public locations as necessary.


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


o Provide case management to secure housing stability and appropriate linkages to community and mainstream resources.


• Crisis stabilization housing o Provide emergency housing to homeless

individuals and families in scattered site housing units.


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

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

Projected Deliverables

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.


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)


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


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


Crisis Stabilization Housing

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


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.


EXHIBIT B – HOUSING HABITABILITY STANDARDS INSPECTION CHECKLIST

Housing Habitability Standards Inspection Checklist

Approved or Deficient

Element

1. Structure and materials: The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from hazards.

2. Access: The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire.

3. Space and security: Each resident must be afforded adequate space and security for themselves and their belongings. Each resident must be provided with an acceptable place to sleep.

4. Interior air quality: Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents.

5. Water Supply: The water supply must be free from contamination.

6. Sanitary Facilities: Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste.

7. Thermal environment: The housing must have adequate heating and/or cooling facilities in proper operating condition.

8. Illumination and electricity: The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire.

9. Food preparation and refuse disposal: All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner.

10. Sanitary condition: The housing and any equipment must be maintained in sanitary condition.

11. Fire safety: Both conditions below must be met to meet this standard. a. Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. b. The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, day care centers, hallways, stairwells, and other common areas.

CERTIFICATION STATEMENT I certify that I am not a HUD certified inspector and I have evaluated the property located at the address below to the best of my ability and find the following: □ Property meets all of the above standards. □ Property does not meet all of the above standards. Therefore, I make the following determination: □ Property is approved □ Property is denied

Case Name: Street Address: Apartment: City: State: Zip: Date: Evaluator Name: Evaluator Signature:

EXHIBIT C-WEST VALLEY HOUSING NAVIGATION BUDGET

EXHIBIT D – CONTRACTOR PAYMENT REQUEST

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG)

CONTRACTOR PAYMENT REQUEST FOR:

WEST VALLEY HOUSING NAVIGATION PROGRAM

From: Remit to Name Address* City State Zip Code Contractor Name (if different than legal name)

*The remit to address used with this contract was established for your agency. All address changes must be submitted for processing prior to use.

Request Amount for the period of to Payment Amount $ (Attach all documentation including receipts, payroll verification, etc.) Any questions regarding this request should be directed to: Name Phone Number I hereby certify under penalty of perjury that to the best of my knowledge the above is true and correct Authorized Signature Title Date (Original Signature needed for payment.)

Please attach a monthly progress report to outline of deliverables above along with a financial account to

provide a monthly report of outcomes related to each deliverable. Enrollment reports, tracking sheets, and

files will be maintained by POLM and available for review upon request.

Mail To: CVAG 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260

HOMELESSNESS PROGRAM

2017/2018

Budgeted Income

County DPSS Contract 359,711.00$

City of Indio ($103,000 to programs in Indio) -$

51,500.00$

City of Palm Desert 103,000.00$

City of Palm Springs 103,000.00$

City of Rancho Mirage 103,000.00$

City of Desert Hot Springs (In Discussion) -$

City of La Quinta (Contributes to Indio programs) -$

City of Indian Wells (In Discussion) -$

City of Coachella (In Discussion) -$

Income 720,211.00$

Budgeted Expense

864,737.22$

Vehicle Property Insurance 1,000.00$

Expense 865,737.22$

(145,526.22)$

Reserved Funding by Homelessness Committee 95,000.00$

Balance


2017-2018 FISCAL YEAR BUDGET

PRELIMINARY DRAFT AS OF 6/21/17

City of Cathedral City

Path of Life Ministries WVHNP Services (Scalable)

ITEM 7D

Staff Report Subject: Community Choice Aggregation Update and Joint Powers Agreement Contact: Katie Barrows, Director of Environmental Resources ([email protected]) Recommendation: 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. Energy & Environmental Resources Committee: CONCURS (Meeting of June 8th) Technical Advisory Committee: CONCURS (Meeting of June 12th) Background: Community Choice Aggregation allows cities and counties to pool or aggregate their buying power to secure electrical energy supply contracts on a region-wide basis, and to offer competitive rates to their consumers with the option of purchasing power from greener sources. The Community Choice Aggregation Ad Hoc Working Group continues to meet monthly to review and discuss plans for implementation of a CCA. The Ad Hoc working group includes elected representatives and staff from cities served by Southern California Edison that are interested in participating in CVAG’s CCA program. A summary of the activities is provided in the following update. The CCA Ad Hoc working group met on May 15, 2017 to discuss governance structure and the establishment of a CCA Joint Powers Authority (JPA). Three options for governance structure were reviewed including: 1) a new JPA/new agency; 2) working under CVAG’s existing JPA; and 3) creating a new JPA, with CVAG providing staff during the start-up period. The Working Group recommended the “New JPA, CVAG provides staff” option. This option includes establishing a separate JPA from CVAG, with an agreement for CVAG to provide administrative services to get the CCA off the ground, for a period of up to five years. This arrangement is similar to the management services and staffing CVAG provides for the Coachella Valley Conservation Commission, a separate JPA. A draft Joint Powers Agreement (JPA) was presented to the Ad Hoc Working Group for their review at their May meeting. The JPA agreement follows a model for other existing CCAs in California and includes standard JPA provisions; CVAG general counsel has reviewed the agreement. The Ad Hoc Committee members discussed and provided direction on issues including the CCA Board, voting options, and how to deal with withdrawal of jurisdictions, among other topics. The JPA agreement was also presented to the Energy & Environment Committee and Technical Advisory Committee at their June meetings; both committees concurred with the staff recommendation. The JPA agreement is attached for your review (see Attachment 1). The Ad Hoc Working Group had further discussion of the JPA at their June meeting, related to the proposed schedule for consideration of the agreement by their respective city councils. Section 6.1.3 of the JPA identifies some limitations to the ability for a city to withdraw from the CCA prior to launch. Given the timeline and efforts of participating cities to move this forward, a


clause to allow CCA members to withdraw prior to December 31, 2017 for any reason was added to Section 6.1.3. This recommended addition to Section 6.1.3 of the JPA is shown in italics in Section 6.1.3 on page 15 of the agreement. As each participating jurisdiction will need to approve the JPA and decide to join, the agreement is being circulated among participating city staff, elected officials, and legal counsel for review. Staff will be working with the Ad Hoc Working Group and general counsel on the comments received from participating cities. The staff recommendation includes authorization for the Executive Director to work with participating jurisdictions on finalizing the JPA agreement; it also authorizes the Executive Director and General Counsel to modify the JPA to address issues brought up by participating jurisdictions. In the initial stages of CCA development, CVAG anticipates using consultants to assist with the various tasks necessary for implementation and operation. A request for proposals (RFP) was released by WRCOG and nine proposals were received; the RFP included a request for proposals for a CVAG CCA. Interviews of six of the proposers who submitted for all aspects of CCA implementation and operation were held in late May in collaboration with WRCOG. We were fortunate to have a representative of Marin Clean Energy, the first CCA program in the state, Public Financial Management (PFM), and City Manager Charles McClendon from Cathedral City participate in the proposal review and interviews along with CVAG staff, SBCOG, WRCOG staff, and consultant Don Dame. Staff reviewed the results of the first interview and a second interview with selected consultants is scheduled this month. Selection of vendors to work with the CCA program is anticipated by September 2017. CVAG staff is preparing a summary of start-up costs for a Coachella Valley CCA. The Ad Hoc working group also discussed potential financing options for start-up of a CCA. There are no up-front costs for cities to participate. However, if they choose to do so, participating agencies could provide funding to the CCA for start-up costs, at a favorable interest rate. Start-up costs are estimated to range from $1 million to $2.5 million. Ad Hoc members were asked to consult with staff/finance directors about their city’s interest in participating in start-up financing. Staff is evaluating the potential for CVAG to provide start-up funding. Funds invested by participating agencies would be paid back once CCA is operational and sufficient revenues are generated. CVAG staff has made study session presentations to the city councils interested in a regional CCA during the months of May and June to familiarize them with how a CCA works and to address any questions they have. A workshop for city managers and staff is scheduled for June 26. A “Frequently Asked Questions” was prepared to answer common questions about CCAs (see Attachment 2). Outreach to communities and stakeholders is also planned. Benchmark Steps to CCA Formation. Based on the recommendations of existing CCAs and others, May is the best time to launch a CCA for a variety of reasons. Power procured prior to launch, in February/March, is generally available at lower prices. It is also better to launch before electricity bills increase during the summer months. A draft schedule providing for launch of a CCA in May 2018 was reviewed by the Ad Hoc working group. To meet this aggressive schedule, the Ad Hoc members agreed to work with CVAG on scheduling outreach to participating jurisdiction staff and consideration of the CCA by city councils during the summer recess to the extent possible. This includes review of the JPA agreement. To establish the CCA, participating jurisdictions will need to adopt an ordinance approving the joint powers agreement and authorizing implementation of a Community Choice Aggregation program for their city. CVAG staff will prepare a sample staff report and ordinance for use by Ad Hoc member cities. Examples of these documents are available from existing CCA programs and are being reviewed by CVAG legal counsel. The schedule is estimated and may be adjusted.

Other actions to be completed include establishing financing for start-up costs, data testing with SCE, and selection of a vendor to provide power supply and data management services. The filing of an Implementation Plan with the California Public Utilities Commission and a notice of intent with Southern California Edison (SCE) are essential steps for the formation of a CCA. Prior to and after launch of a CCA, all SCE customers will be sent a minimum of four opt-out notices explain how a CCA works and their choices to join the CCA or stay with SCE.

Fiscal Analysis: CVAG is tracking all expenses related to formation of a CCA; if and when a CCA is formed, these costs would be reimbursed. Attachments: 1. Joint Powers Authority Agreement 2. Community Choice Energy: Frequently Asked Questions Joint Powers Agreement Finalization: The Executive Director and/or legal counsel are authorized to make changes or revisions to the JPA agreement as necessary to address issues raised by participating jurisdictions.

Coachella Valley Community Choice Aggregation 1 Draft JPA Agreement, June 2017 – Ver. 2

ATTACHMENT 1: COACHELLA VALLEY COMMUNITY ENERGY AUTHORITY

(placeholder, JPA name to be determined)

JOINT POWERS AGREEMENT

This Joint Powers Agreement (“Agreement”), effective as of _________, 2017 is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B (individually “Party” or “Member”, collectively “Parties” or “Members”). The term “Parties” or “Members” shall also include an incorporated municipality or county added to this Agreement in accordance with Section 2.4.

RECITALS

A. The Parties share various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and customers within their jurisdictions.

B. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local governments to develop programs to reduce greenhouse gas emissions.

C. The purposes for entering into this Agreement include:

a. Reducing greenhouse gas emissions related to the use of power throughout the jurisdictions of the Parties and neighboring regions;

b. Providing electric power and other forms of energy to customers at a competitive cost;

c. Carrying out programs to reduce energy consumption;

d. Stimulating and sustaining the local economy by developing local jobs in renewable and conventional energy; and

e. Promoting long-term electric rate stability, energy security and reliability for residents through local control of electric generation resources.

D. It is the mission and purpose of this Agreement to build a Community Choice Aggregation program that is locally controlled and delivers cost-competitive clean electricity, product choice, price stability, energy efficiency and greenhouse gas emission reductions.

E. It is the intent of this Agreement to promote the development and use of a wide range of renewable and efficient energy sources and energy efficiency programs, including but not limited to solar, wind, and biomass energy production. The


purchase of renewable power and greenhouse gas-free energy sources will be the desired approach to decrease regional greenhouse gas emissions and accelerate the State’s transition to clean power resources to the extent feasible. The CVCEA will also add increasing levels of locally generated renewable resources as these projects are developed and customer energy needs expand.

F. The Parties desire to establish a separate public agency, known as the Coachella Valley Community Energy Authority or CVCEA, under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) in order to collectively study, promote, develop, conduct, operate, and manage energy programs.

G. The Parties anticipate adopting an ordinance electing to implement through the CVCEA a common Community Choice Aggregation (CCA) program, an electric service enterprise available to cities and counties pursuant to California Public Utilities Code Sections 331.1(b) and 366.2. The first priority of the CVCEA will be the consideration of those actions necessary to implement the CCA Program.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows:

ARTICLE 1: DEFINITIONS AND EXHIBITS

1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise.

1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement.

Exhibit A: Definitions Exhibit B: List of the Parties Exhibit C: Annual Energy Use Exhibit D: Voting Shares Exhibit E: Signatures

ARTICLE 2: FORMATION OF COACHELLA VALLEY COMMUNITY ENERGY AUTHORITY

2.1 Effective Date and Term. This Agreement shall become effective and CVCEA shall exist as a separate public agency on ______________, 2017 or when the Parties execute this Agreement, whichever occurs later. The CVCEA shall provide notice to the Parties of the Effective Date. CVCEA shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 6.4, subject to the rights of the Parties to withdraw from CVCEA.


2.2 Formation. There is formed as of the Effective Date a public agency named the Coachella Valley Community Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, CVCEA is a public agency separate from the Parties. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of CVCEA shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of CVCEA. A Party who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of CVCEA. Notwithstanding Section 7.4 of this Agreement, this Section 2.2 may not be amended unless such amendment is approved by the governing board of each Party.

2.2.1 Name. CVCEA may change its name at any time through adoption of a resolution of the Board of Directors.

2.3 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party to build a Community Choice Aggregation program that achieves significant, long-term GHG emission reductions by offering clean, cost effective and price stable electricity to residents, businesses, and agricultural producers while carrying out innovative programs to reduce customer energy use, and to promote local renewable and efficient energy production technologies. To that end, CVCEA will study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, and to exercise all other powers necessary and incidental to accomplishing this purpose. Without limiting the generality of the foregoing, the Parties intend for this Agreement to be used as a contractual mechanism by which the Parties are authorized to participate in the CCA Program, as further described in Section 4.1. The Parties intend that other agreements shall define the terms and conditions associated with the implementation of the CCA Program and any other energy programs approved by CVCEA.

2.4 Membership in CVCEA.

2.4.1 The initial Members of CVCEA are the Cities of Blythe, Cathedral City, Desert Hot Springs, Indian Wells, Palm Desert, and Palm Springs.

2.4.2 Any city or county may request to become a member of CVCEA by submitting a resolution adopted by its City Council or Board of Supervisors to the Board of CVCEA. The Board shall review the request and shall vote to approve or disapprove the request. The Board may establish conditions, including but not limited to financial conditions, under which the city or county may become a member of CVCEA. The Board shall notify the then members of CVCEA of this request and the date that the request will be on the Board’s meeting agenda for action. The date set for Board action shall be at least forty-five (45) days from the date the notice is mailed to the members. If the request is approved by the Board, the city or county shall become a member of CVCEA under


the terms and conditions set forth by the Board and upon approval and execution of this Agreement by the requesting city or county.

2.5 Powers. CVCEA shall have all powers common to the Parties and such additional powers accorded to it by law. CVCEA is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 3.17:

2.5.1 to make and enter into contracts;

2.5.2 to employ agents and employees, including but not limited to an Executive Officer;

2.5.3 to acquire, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements;

2.5.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; however, CVCEA shall not exercise the power of eminent domain within the jurisdiction of a Party over its objection without first meeting and conferring in good faith;

2.5.5 to lease any property;

2.5.6 to sue and be sued in its own name;

2.5.7 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et seq. and authority under the Act;

2.5.8 to form subsidiary or independent corporations or entities if necessary, to carry out energy supply and energy conservation programs at the lowest possible cost or to take advantage of legislative or regulatory changes;

2.5.9 to issue revenue bonds and other forms of indebtedness;

2.5.10 to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;

2.5.11 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;

2.5.12 to adopt Operating Rules and Regulations;

2.5.13 to make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA


Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services; and

2.5.14 to permit additional Parties to enter into this Agreement after the Effective Date and to permit another entity authorized to be a community choice aggregator to designate CVCEA to act as the community choice energy aggregator on its behalf.

2.6 Limitation on Powers. As required by Government Code Section 6509, the power of CVCEA is subject to the restrictions upon the manner of exercising power possessed by the City of (insert name of one participating city).

ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION

3.1 Governing Body. CVCEA shall be governed by a legislative body known as the Board of Directors (“Board”). The initial Board shall consist of one (1) director appointed by each of the initial members. Each Director shall serve at the pleasure of the governing board of the Party appointing such Director, and may be removed as Director by such governing board at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director within 60 days of the date that such position becomes vacant. Directors shall be elected officials or senior staff of the appointing Party that is the signatory to this Agreement. Each Party may appoint an alternate to serve in the absence of its Director. Alternates may be either elected officials or senior staff of the appointing Party that is the signatory to this Agreement. The Board shall exercise all powers and conduct all business of CVCEA, either directly or by delegation to other bodies or persons pursuant to this Agreement.

If additional cities or counties join CVCEA, as set forth in section 2.4, each city or county that becomes a member of CVCEA shall be entitled to one (1) director and one (1) alternate appointed as set forth above.

Ex Officio Directors. The Board may appoint ex officio members of the Board. Ex officio directors shall receive all meeting notices, shall have the right to participate in Board discussions and the right to place items on the agenda but shall not be counted towards a quorum and shall have no vote.

3.2 Regular Board Meetings. The Board shall hold at least one regular annual meeting and shall provide for such other regular meetings as it deems necessary. Meetings of the Board shall be held at such locations within one of the member jurisdictions in the Coachella Valley or Palo Verde Valley, and at such times as may be designated from time to time by the Board.

3.3 Special Meetings of the Board. Subject to all noticing requirements of The Brown Act, special meetings of the Board may be called by the Chair, to be held at such times and places within one of the member jurisdictionsthe Coachella Valley or Palo Verde Valley as may be ordered by the Chair. A majority of the Board may also call a special meeting for any purpose.


3.4 Chair and Vice-Chair. The Board shall annually elect from its membership a Chair and Vice-Chair to serve for a one-year term.

3.5 Conduct of Meetings. The Chair or, in the absence of the Chair, the Vice-Chair,

shall preside at all meetings of the Board. 3.6 Resignation of a Director. Any Director may resign effective on giving written

notice to the Board and the other Members, unless the notice specifies a later time for the effectiveness of such resignation. A successor shall be appointed by the affected Member as provided for in this Agreement.

3.7 Quorum. Except as otherwise provided in this Agreement, CVCEA shall act only

upon a majority of a quorum of the Board. A quorum of any meeting of Directors shall consist of a majority of the Directors then designated by and serving on behalf of the Members. Ex officio, non-voting Participants shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action. In the event that a Member has failed to designate a Director, or a Member’s designated Director has died, resigned, left office, been terminated or is otherwise unwilling or unable to act as the designating Member’s representative, and a replacement Director has not yet been designated, and there is no designated alternate, such that a Member has no duly acting representative on the Board, then that Member’s vacant Board position shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action. Except as otherwise provided in this Agreement, every act or decision made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board. In the absence of a quorum, any meeting of the Board may be adjourned from time to time by a vote of the majority present, but no other business may be transacted except as provided for in this Section.

3.8 Other Officers. The Executive Officer of CVCEA shall be the secretary of CVCEA, or as otherwise determined by the Board. Any officer, employee or agent of any Member of CVCEA may also be an officer, employee, or agent of any of the Members. CVCEA shall have the power to appoint such additional officers and to employ such employees and assistants as may be appropriate. Each and all of said officers, employees and assistants shall serve at the pleasure of CVCEA and shall perform such duties and shall have such powers as CVCEA may, from time to time, determine. Any officer may resign at any time by giving written notice to the secretary. Any such resignation shall be effective upon receipt of such notice or at any later time specified in the notice. Officers shall assume the duties of their offices immediately after their appointment and shall hold office until their successors are appointed, except in the case of their removal or resignation. Vacancies of officers shall be filled by appointment of the Board and such appointee shall hold office until the appointment of his or her successor.


3.9 Minutes. The secretary of CVCEA shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board. The secretary shall cause a copy of all minutes, along with copies of all ordinances and resolutions, to be forwarded to each of the Parties hereto.

3.10 Rules. A majority of Directors may adopt rules governing meetings if not inconsistent or in conflict with this Agreement. In the absence of rules adopted by the Directors, Roberts’ Rules of Order, as they may be amended from time to time, shall govern the meetings of the Board in so far as they are not inconsistent or in conflict with this Agreement or any CVCEA bylaws.

3.11 Powers and Functions of the Board. The Board shall exercise general governance and oversight over the business and activities of CVCEA, consistent with this Agreement and applicable law. The Board shall provide general policy guidance to the CCA Program. Board approval shall be required for any of the following actions:

3.11.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing.

3.11.2 The appointment or termination of the Executive Officer and General Counsel.

3.11.3 The appointment or removal of officers described in Section 3.17, subject to Section 3.17.1.

3.11.4 Any decision to provide retirement or post-retirement benefits that are defined benefit programs, subject to the requirements of section 5.3.4, below.

3.11.5 The adoption of the Annual Budget.

3.11.6 The adoption of an ordinance.

3.11.7 The approval of agreements, except as provided by Section 3.12.

3.11.8 The initiation or resolution of claims and litigation where CVCEA will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that the Executive Officer or General Counsel, on behalf of CVCEA, may intervene in, become a party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board as long as such action is consistent with any adopted Board policies.

3.11.9 The setting of rates for power sold by CVCEA and the setting of charges for any other category of service provided by CVCEA.

3.11.10 Termination of the CCA Program.


3.12 CVAG’s Participation. CVAG shall provide, under contract with CVCEA, administrative services required by CVCEA during the first five (5) years of the implementation of the CVCEA; and thereafter as the administrative services contract may be renewed from time to time by CVCEA, and shall exercise such other powers and duties as the Board deems necessary to achieve the purpose of this Agreement. During any such term, CVAG’s Executive Director may serve as the Secretary of CVCEA.

3.13 Executive Officer. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.12, the Board of Directors shall have the authority to appoint an Executive Officer for CVCEA, who shall be responsible for the day-to-day operation and management of CVCEA and the CCA Program. The Executive Officer may be retained under contract with CVCEA, be an employee of CVCEA, be an employee of CVAG, or be an employee of one of the Parties. The Executive Officer shall report directly to the Board and serve as staff to CVCEA. Except as otherwise set forth in this Agreement, the Executive Officer may exercise all powers of CVCEA, including the power to hire, discipline and terminate employees as well as the power to approve any agreement if the total amount payable under the agreement is less than $100,000 in any fiscal year, or such higher amount as may be established by the Board from time to time, by resolution of the Board, except the powers specifically set forth in Section 3.11 or those powers which by law must be exercised by the Board of Directors. The Executive Officer shall serve at the pleasure of the Board.

3.14 CVCEA Staff. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.12, CVCEA may contract with CVAG for staff services, retain its own staff, or contract with another entity for services. Unless other employment is approved by the Commission, the CVCEA Executive Officer may utilize CVAG staff as may be necessary to accomplish the purposes of CVCEA. CVAG staff time, as well as office expenses, direct and indirect overhead, shall be charged to CVCEA utilizing direct billing and other accounting practices that provide for a clear separation of funds.

3.15 Commissions, Boards, and Committees

3.15.1 The Board may establish commissions, boards or committees, including but not limited to a standing executive committee of the Board, as the Board deems appropriate, to assist the Board in carrying out its authority and functions under this Agreement and may delegate authority to such commission, board or commission as set forth in a Board resolution. Such delegation may be modified, amended or revoked at any time the Board may deem appropriate. Any decision delegated pursuant to this subsection may be appealed to the Board, as the Board so determines.

3.15.2 The Board may also establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement.


3.15.3 Any board, commission or committee formed under this section shall comply with the requirements of the Ralph M. Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees, and shall determine whether members shall be compensated or entitled to reimbursement for expenses.

3.16 Director Compensation. Directors shall serve without compensation from CVCEA. However, Directors may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by CVCEA of expenses or other costs incurred by Directors.

3.17 Voting. In general, as described in Section 3.17.3, action by CVCEA Board will be taken solely by a majority vote of the total number of Directors present. In addition, as described in Section 3.17.4, upon request of two (2) Directors, a weighted vote by shares will also be conducted. When such a request is made, an action must be approved by both a majority vote of Directors present and a majority of the Weighted Voting Shares present. No action may be approved solely by a majority vote by shares. The voting shares of Directors and approval requirements for actions of the Board shall be as follows:

3.17.1 Weighted Voting Shares

Each member agency shall have a Voting Share as determined by the following formulas:

(a) Pro Rata Voting Share. Each Member shall have an equal voting share determined by the following formula: ( [1 / total number of Members] multiplied by ½ ), expressed as a percentage to two decimal places; and

(b) Annual Energy Voting Share. Each Member shall have an additional voting share determined by the following formula: ([Total Annual Energy Use (expressed in MWh) in the Member’s jurisdiction / combined Total Annual Energy Use in all Members’ jurisdictions] multiplied by ½), expressed as a percentage to two decimal places. Annual Energy Use values are to be based on total CCA-related retail energy sales of all electric customer accounts as of December 31 of the most recent year for which such data is available. In the absence of actual data, the Board may approve the use of reasonably estimated Annual Energy Use values.

(c) Weighted Voting Share. Each Member’s Weighted Voting Share shall be the respective sum of the values computed in (a) and (b) above, expressed as a percentage to two decimal places. The combined total Weighted Voting Shares of all Members is 100.00 percent.


3.17.2 Exhibit Showing Weighted Voting Shares. The initial Weighted Voting Shares are set forth in Exhibit D based on data available as of the Effective Date of this Agreement. Exhibit D shall be revised no less than annually as necessary to account for changes in the number of Members and or changes in the Members’ annual MWh retail energy usage. Adjustments to Exhibit D shall be approved by the Board.

3.17.3 Action Approval Requirements. Except as provided in Sections 3.17 and 3.17.4 and 3.17.5, actions of the Board shall require the affirmative vote of a majority of Directors present at the meeting.

3.17.4 Option for Approval by Voting Shares. Notwithstanding Section 3.17.3, any two (2) Directors present at a meeting may demand that approval of any matter related to the CCA Program be determined on the basis of both Weighted Voting Shares and by the affirmative vote of a majority of Directors present at the meeting. If two Directors make such a demand with respect to approval of any such matter, then approval of such matter shall require the affirmative vote of a majority of Directors present at the meeting and the affirmative vote of Directors having a majority of Weighted Voting Shares present, as determined by Section 3.17.1 except as provided in Section 3.17.5.

3.17.5 Special Voting Requirements for Certain Matters.

(a) Two-Thirds and Weighted Voting Approval Requirements Relating to Sections 6.2 and 7.4. Action of the Board on the matters set forth in Section 6.2 (involuntary termination of a Member), or Section 7.4 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of Directors present; provided, however, that: (i) notwithstanding the foregoing, any two (2) Directors present at a meeting may demand that the vote be determined on the basis of both Weighted Voting Shares and by the affirmative vote of Directors present, and if any two (2) Directors make such a demand, then approval shall require the affirmative vote of both at least two-thirds of Directors present and the affirmative vote of Directors having at least two-thirds of the Weighted Voting Shares present, as determined by Section 3.17.1; and (ii) for votes to involuntarily terminate a Member under Section 6.2, the Director for the Member subject to involuntary termination may not vote, and the number of Directors constituting two-thirds of all Directors, and the Weighted Voting Share of each Member shall be recalculated as if the Member subject to possible termination were not a Member.

(b) Seventy-Five Percent Special Voting Requirements for Eminent Domain and Contributions or Pledge of Assets.

(i) A decision to exercise the power of eminent domain on behalf of CVCEA to acquire any property interest other than an easement, right-of-way, or temporary construction


easement shall require a vote of at least 75% of all Directors.

(ii) The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the CCA Program shall require a vote of at least 75% of all Directors and the approval of the governing boards of the Members which are being asked to make such contribution or pledge.

(iii) Notwithstanding the foregoing, any two (2) Directors present at the meeting may demand that a vote under subsections (i) or (ii) be determined on the basis of Weighted Voting Shares and by the affirmative vote of Directors, and if any two (2) Directors make such a demand, then approval shall require both the affirmative vote of at least 75% of Directors present and the affirmative vote of Directors having at least 75% of the Weighted Voting Shares present, as determined by Section 3.17.1. For purposes of this section, “imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the CCA Program” does not include any obligations of a withdrawing or terminated Member imposed under Section 6.3.

3.18 Meetings and Special Meetings of the Board. The Board shall hold at least four (4) regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special and Emergency Meetings of the Board may be called in accordance with the provisions of California Government Code Sections 54956 and 54956.5. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. All meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.).

3.19 Selection of Board Officers.

3.19.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The Chair and Vice Chair shall serve at the pleasure of the Board. There shall be no limit on the number of terms held by either the Chair or Vice Chair. The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if:


(a) the person serving dies, resigns, or the Member that the person represents removes the person as its representative on the Board, or

(b) the Member that he or she represents withdraws from CVCEA pursuant to the provisions of this Agreement.

3.19.2 Secretary. The Secretary shall be responsible for keeping the minutes of all meetings of the Board and all other official records of CVCEA.

3.19.3 Treasurer and Auditor. The Treasurer shall function as the combined offices of Treasurer and Auditor pursuant to Government code section 6505.6 and shall strictly comply with the statutes related to the duties and responsibilities specified in Section 65.5 of the Act. The Treasurer for CVCEA shall be the depository and have custody of all money of CVCEA from whatever source and shall draw all warrants and pay demands against CVCEA as approved by the Board. The Treasurer shall cause an independent audit(s) of the finances of CVCEA to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 5. The Treasurer shall serve at the pleasure of the Board.

3.20 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as CVCEA’s agent for planning, implementing, operating and administering the CCA Program, and any other program approved by the Board. The appointed administrative services provider may be one of the Members. A separate services agreement shall set forth the terms and conditions by which the appointed administrative services provider(s) shall perform or cause to be performed tasks necessary for planning, implementing, operating and administering the CCA Program and other approved programs. Any such services agreement shall set forth the terms and the circumstances under which the services agreement may be terminated by CVCEA. This section shall not in any way be construed to limit the discretion of CVCEA to hire its own employees to administer all or any portion of the CCA Program or any other program.

ARTICLE 4: IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS

4.1 Preliminary Implementation of the CCA Program.

4.1.1 Enabling Ordinance. To be eligible to participate in the CCA Program, each Party must adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party


intends to implement a CCA Program by and through its participation in CVCEA.

4.1.2 Implementation Plan. CVCEA shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 3.17.

4.1.3 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of CVCEA to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law.

4.2 Authority Documents. The Parties acknowledge and agree that the affairs of CVCEA will be implemented through various documents duly adopted by the Board through Board resolution. The Parties agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Parties’ right to withdraw from CVCEA as described in Article 6.

ARTICLE 5: FINANCIAL PROVISIONS

5.1 Fiscal Year. CVCEA’s fiscal year shall be 12 months commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution.

5.2 Depository.

5.2.1 All funds of CVCEA shall be held in separate accounts in the name of CVCEA and not commingled with funds of any Party or any other person or entity.

5.2.2 All funds of CVCEA shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of CVCEA shall be open to inspection by the Parties at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of CVCEA, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

5.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.


5.3 Budget and Recovery of Costs.

5.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of CVCEA shall be approved by the Board in accordance with the Operating Rules and Regulations.

5.3.2 Funding of Initial Costs. The Parties acknowledge that implementing the CCA Program will require some form of funding either provided by all or some of the Parties or attained in some other manner. If the CCA Program becomes operational, these Initial Costs paid by such Parties or attained from other sources shall be included in the customer charges for electric services as provided by Section 5.3.3 to the extent permitted by law, and respective Parties or other sources shall be reimbursed from the payment of such charges by customers of CVCEA. CVAG shall also be entitled to reimbursement for Initial Costs. CVCEA may establish a reasonable time period over which such costs are recovered and repaid to respective Parties or other sources. In the event that the CCA Program does not become operational, respective Parties shall not be entitled to any reimbursement of the funded Initial Costs from CVCEA or any Party. If any of the initial member agencies or other sources assists in funding initial costs, they shall also be entitled to reimbursement pursuant to this section. The Board shall approve the manner of funding and repayment of initial CCA program costs which may include reasonable interest charges.

5.3.3 CCA Program Costs. The Parties desire that all costs incurred by CVCEA that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but not limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.

5.3.4 Employee Retirement and Post-retirement Benefits. Should the Board determine to provide a defined benefits retirement benefit to CVCEA employees (such as PERS) or other post-retirements benefits that would be within an Other Post-Retirement Benefits (OPEB) obligation to CVCEA employees, prior to providing such benefit(s) to any employee, the Board shall (1) obtain a third party independent actuarial report on the long term costs of the benefit or benefits, (2) adopt a funding plan for the payment of both current and long-term costs that provides for the payment of all such costs on a current, pay-as-you-go, basis and eliminates any known or reasonably anticipated unfunded liability associated with the benefit(s) and (3) notice all Member agencies of the pending consideration of the benefit(s) together with the actuarial report and funding plan, for at least


sixty (60) days and obtain the consent, by resolution of not less than 75 percent of the then current Member agency boards or councils.

ARTICLE 6: WITHDRAWAL AND TERMINATION

6.1 Withdrawal.

6.1.1 Right to Withdraw. A Party may withdraw its participation in the CCA Program, effective as of the beginning of CVCEA’s next fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to CVCEA and each Party. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board.

6.1.2 Right to Withdraw After Amendment. Notwithstanding Section 6.1.1, a Party may withdraw its membership in CVCEA following an amendment to this Agreement adopted by the Board which the Party’s Director voted against, provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board and shall not be subject to the six month advance notice provided in Section 6.1.1. In the event of such withdrawal, the Party shall be subject to the provisions of Section 6.3.

6.1.3 The Right to Withdraw Prior to Program Launch. After receiving bids from power suppliers, CVCEA shall provide to the Parties the report from the electrical utility consultant(s) retained by CVCEA that compares the total estimated electrical rates that CVCEA will be charging to customers as well as the estimated greenhouse gas emissions rate and the amount of estimated renewable energy used with that of the incumbent utility (SCE). If the report provides that CVCEA is unable to provide total electrical rates, as part of its baseline offering, to customers that are equal to or lower than the incumbent utility or to provide power in a manner that has a lower greenhouse gas emissions rate or uses more renewable energy than the incumbent utility, a Party may immediately withdraw its membership in CVCEA without any further financial obligation, as long as the Party provides written notice of its intent to withdraw to CVCEA Board no more than fifteen (15) days after receiving the report. A Party may also withdraw its membership in CVCEA prior to December 31, 2017 for any reason. Any withdrawing Party shall not be entitled to any return of funds it may have provided to CVCEA, provided, however, that if, after the program is launched there are unobligated and unused funds, the withdrawing member shall be refunded its pro rata share of the unobligated and unused funds.

6.1.4 Continuing Financial Obligation; Further Assurances. Except as provided by Section 6.1.3, a Party that withdraws its participation in the CCA Program may be subject to certain continuing financial obligations, as described in Section 6.3. Each withdrawing Party and CVCEA shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the


Board, to effectuate the orderly withdrawal of such Party from participation in the CCA Program.

6.2 Involuntary Termination of a Party. Participation of a Party in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Party’s participation in the CCA Program upon a vote of Board members as provided in Section 3.17.5. Prior to any vote to terminate participation with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least thirty (30) days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Party has allegedly violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 6.3.

6.3 Continuing Financial Obligations; Refund. Except as provided by Section 6.1.3, upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, or other financial obligations arising from such Party’s membership or participation in the CCA Program through the effective date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any new financial obligations arising after the date of the Party’s withdrawal or involuntary termination. Claims, demands, damages, or other financial obligations for which a withdrawing or terminated Party may remain liable include, but are not limited to, losses from the resale of power contracted for by CVCEA to serve the Party’s load and any unfunded liabilities such as unfunded retirement contributions or costs and any unfunded post-retirement benefits. With respect to such financial obligations, upon notice by a Party that it wishes to withdraw from the CCA Program, CVCEA shall notify the Party of the minimum waiting period under which the Party would have no costs for withdrawal if the Party agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Party elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Party shall also be responsible for any costs or obligations associated with the Party’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party. CVCEA may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with CVCEA, as reasonably determined by CVCEA and approved by a vote of the Board, to cover the Party’s financial obligations for the costs described above. Any amount of the Party’s funds held on deposit with CVCEA above that which is required to pay any existing or ongoing financial obligations shall be returned to the Party. If there is a disagreement related to the charge(s) for exiting, the Parties shall attempt to settle the amount through mediation or other dispute resolution process as authorized by section 7.1. If the dispute is


not resolved, the Parties may agree to proceed to arbitration, or any party may seek judicial review. The liability of any Party under this section 6.3 is subject and subordinate to the provisions of Section 2.2, and nothing in this section 6.3 shall reduce, impair, or eliminate any immunity from liability provided by Section 2.2.

6.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its participation in the CCA Program, as described in Section 6.1.

6.5 Disposition of Property upon Termination of Authority. Upon termination of this Agreement, any surplus money or assets in possession of CVCEA for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Parties in proportion to the contributions made by each.

ARTICLE 7: MISCELLANEOUS PROVISIONS

7.1 Dispute Resolution. The Parties and CVCEA shall make reasonable efforts to informally settle all disputes arising out of or in connection with this Agreement. Should such informal efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be mediated in accordance with policies and procedures established by the Board.

7.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of CVCEA shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. CVCEA shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Sections 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, CVCEA, or its Directors, officers, or employees

7.3 Indemnification of Parties. CVCEA shall acquire such insurance coverage as is necessary to protect the interests of CVCEA, the Parties, and the public. Subject to the provisions of Section 7.4 and provided that a Party has acted in good faith and in accordance with this Agreement, CVCEA shall defend with counsel acceptable to said Party, indemnify and hold such Party free and harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of any of the following: the Party’s participation in the JPA; action taken to approve and/or implement the CCA; or any other act performed or to be performed by the Party pursuant to this Agreement; provided, however that such indemnification or agreement to hold harmless pursuant to this section shall be recoverable only out of CVCEA assets and not from other Parties. To the extent CVCEA’s assets are insufficient to satisfy its obligations under this Section, any member Agency forced to expend its own funds to satisfy what would otherwise be CVCEA’s obligations shall be entitled to reimbursement from CVCEA.


7.4 Limitations on Liability. The Parties acknowledge that Section 895.2 of the California Government Code provides that a Member is jointly and severally liable for the torts of the joint powers agency, but that Sections 895.4 and 895.6 of that Code allow the members of a joint powers agency to contractually agree to indemnity and contribution provisions that allow such liability to be apportioned among the members based on their respective degree of fault giving rise to the liability. The Parties further acknowledge that they have agreed at Section 7.3 above to indemnify and defend those Member agencies against loss, liability or damage suffered by a Member Agency individually as a result of that Agency’s good faith acts taken pursuant to this Agreement. Now, therefore, in contemplation of such authority, the Parties agree that, as among themselves, each shall assume that portion of the liability imposed upon CVCEA or any of its Members, officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring during the performance of this Agreement that is not covered by insurance, that is determined by the CVCEA to be that Member’s proportionate share accruing during the Member’s period of participation in CVCEA. Said determination shall be by three-fourths vote of the Member Agencies, meaning an affirmative vote of three-fourths of the total number of Member Agencies. The Members acknowledge that, given the possible variables, determination of a proper apportionment may be difficult. Therefore, subject only to arbitration rights set out at Section 6.3, the Members agree that the Board’s good faith determination of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. Each Member shall to the extent provided herein indemnify and hold harmless the other Members for any loss, costs or expenses that may be imposed on such other Members solely by virtue of Section 895.2.

7.5 Amendment of this Agreement. This Agreement may not be amended except by

a written amendment approved by a vote of Board members as provided in Section 3.17.5. CVCEA shall provide written notice to all Parties of amendments to this Agreement, including the effective date of such amendments, at least 30 days prior to the date upon which the Board votes on such amendments. Exhibits A through E of this Agreement may be revised from time to time by Board vote and copies of such revised exhibits shall be distributed to all Parties.

7.6 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 7.5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 7.5 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to CVCEA, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of CVCEA or the Parties under this Agreement.

7.7 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby


agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible.

7.8 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement.

7.9 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages.

7.10 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of CVCEA or Party, as the case may be, or such other person designated in writing by CVCEA or Party. Notices given to one Party shall be copied to all other Parties. Notices given to CVCEA shall be copied to all Parties.

7.11 No Third Party Beneficiaries. This Agreement shall reflect the Parties’ rights and obligations as by and among themselves. Nothing herein shall create any right in any third party to enforce any right or obligation set out in this Agreement as against any Party hereto.


EXHIBIT A DEFINITIONS

1. “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.)

2. “Administrative Services Agreement” means an agreement or agreements entered into after the Effective Date by CVCEA with one or more entity that will perform tasks necessary for planning, implementing, operating and/or administering the CCA Program, or any portion of the CCA Program or any other energy programs adopted by CVCEA.

3. “Agreement” means this Joint Powers Agreement.

4. “Annual Energy Use” has the meaning given in Section 3.17.1(b).

5. “Authority” means the CVCEA.

6. “Authority Document(s)” means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions, and activities of CVCEA, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies.

7. “Board” means the Board of Directors of CVCEA.

8. “CCA” or “Community Choice Aggregation” means an electric service option available to cities and counties pursuant to Public Utilities Code Section 366.2.

9. “CCA Program” means CVCEA’s program relating to CCA that is principally described in Article 2 of this Agreement.

10. “CVAG” shall mean the Coachella Valley Association of Governments.

11. “Director” means a member of the Board of Directors appointed by and representing a Party.

12. “Effective Date” means _________________, 2017 or when initial members of CVCEA execute this Agreement, whichever occurs later, as further described in Section 2.1.

13. “Implementation Plan” means the plan generally described in Section 4.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program.

14. “Initial Costs” means all costs incurred by the CVCEA and or any Parties relating to the establishment and initial operation of CVCEA, such as the hiring of an Executive Officer and any administrative staff, and any required accounting, administrative, technical, or legal services in support of CVCEA’s initial activities or in support of the negotiation, preparation, and approval of one or more Administrative Services Agreements.


15. “Operating Rules and Regulations” means one or more sets of rules, regulations, policies, bylaws and procedures governing the operation of CVCEA.

16. “Parties” or “Members” means, collectively, the signatories to this Agreement.

17. “Party”, “Member” or “Member Agency” means a signatory to this Agreement.

18. “Total Annual Energy Use” has the meaning given in Section 3.17.1(b).


EXHIBIT B LIST OF PARTIES

Parties: City of Blythe

City of Cathedral City

City of Desert Hot Springs

City of Indian Wells

City of Palm Desert

City of Palm Springs


EXHIBIT C

PRO FORMA ANNUAL ENERGY USE

Blythe 5,898 117,000 Cathedral City 24,137 329,000 Desert Hot Springs 11,421 140,000 Indian Wells 5,230 158,000 Palm Desert 39,459 699,000 Palm Springs 37,826 640,000

Total 123,971 2,083,000

Member Number of Customers Annual Energy Use (MWh)


EXHIBIT D

PRO FORMA VOTING SHARES

1. [

FORMULAS USED:

1. Annual Energy Use Voting Share: Total Annual Energy Use (expressed in MWh) in the Member’s jurisdiction / combined Total Annual Energy Use all Members’ jurisdictions] multiplied by ½), expressed as a percentage to two decimal places. See section 3.17.1 (b)

2. Pro-rata Voting Share: [1 / total number of members] multiplied by ½), expressed as a percentage to two decimal places. See section 3.17.1 (a)

3. Weighted Voting Share: [the respective sum of the values computed in (1) and (2) above, expressed as a percentage to two decimal places. See section 3.17.1 (c)

Blythe 117,000 5.62% 2.81% 8.33% 11.14%Cathedral City 329,000 15.79% 7.90% 8.33% 16.23%Desert Hot Springs 140,000 6.72% 3.36% 8.33% 11.69%Indian Wells 158,000 7.59% 3.79% 8.33% 12.13%Palm Desert 699,000 33.56% 16.78% 8.33% 25.11%Palm Springs 640,000 30.72% 15.36% 8.33% 23.70%

TOTALS 2,083,000 100.00% 50.00% 50.00% 100.00%

CVCEA CCA Program Participation and Weighted Voting Shares Participants Annual Energy

Use (MWh) Percent Annual

Energy UseAnnual Energy Use

Voting Share %Pro Rata Voting

Share %Weighted

Voting Share %


EXHIBIT E

SIGNATURES

IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the Coachella Valley Community Energy Authority

By: ________________________________________

Name: ________________________________________

Title: ________________________________________

Date: ________________________________________

Party: ________________________________________

(One signature page for each Member)

Community Choice Energy: Frequently Asked Questions

Q: What is Community Choice Aggregation?

A: Community Choice Aggregation (CCA) is a program that enables local governments to pool (or aggregate) the

electricity demand of their communities for the purpose of supplying electricity. Often called Community Choice Energy, a CCA buys and/or develops power resources on behalf of the electricity end users in its jurisdiction. Southern California Edison would continue to provide all transmission and distribution of electricity, as well as system maintenance and customer service. Areas served by an existing publicly owned utility, such as Imperial Irrigation District, are not eligible for CCA programs. Q: How is a CCA financed? A: Once launched, a CCA is financed by the revenues received from customers based on electricity sales. A CCA is a self-funded, not-for-profit public agency which ensures that any financial benefits directly serve the community. CCAs are not subsidized by tax dollars. Start-up costs may be financed by member agencies, banks, or other lenders; these costs are paid back once revenues from the sale of electricity accumulate. Surplus funds generated by the CCA may be reinvested back into the community in the form of lower rates, or new energy projects and programs that serve the entire customer base. Q: Who governs and administers the CCA? A: There are options for governance. CVAG’s Ad Hoc CCA working group has recommended formation of a separate joint powers authority (JPA) to be governed by a Board of Directors made up of elected representatives from each of the participating jurisdictions. The Board will conduct its business in regular meetings that will be open to the public, ensuring transparency and community involvement. Q: Why are so many local governments considering CCA? A: CCAs give electricity consumers a power supply choice where none currently exists, providing communities with local control over their energy supply. CCAs introduce competition into the energy market, which helps drive costs down, diversify power choices, and stimulate new investments in renewable energy. Consumers can increase the amount of electricity from non-polluting renewable sources including wind, solar and geothermal energy. In the Coachella Valley, a CCA offers a way to advance local renewable energy resources. Existing CCAs offer a “default” option that is both cleaner and cheaper than the incumbent utility, as well as a voluntary, 100% renewable energy option offered at a rate premium. Under a CCA, Coachella Valley ratepayers can determine how our electricity is generated – from clean and renewable resources rather than more polluting and finite fossil fuels. And simultaneously achieve modest savings over current SCE rates. Q: How will the CCA set its rates? A: The CCA Board of Directors will have the authority to set electric generation rates for our customers, after they are carefully developed, discussed, evaluated, and approved at public meetings. To date, existing CCAs in California offer competitive electricity rates, currently ranging from 3%-10% lower than investor-owned utility (IOU) rates, depending on the customer class and particular CCA option each customer chooses. While utility rates change several times a year, CCA rates generally adjust once per year, offering a greater measure of rate stability. While there is no guarantee that CCA generation rates will always be lower than SCE rates, publicly managed CCAs do have the advantage of being non-profit agencies that pay no shareholder dividends, investor returns, high corporate salaries, or income taxes like commercial services or investor-owned utilities, which helps keep costs down. Initial studies estimate that a CCA program could save ratepayers millions of dollars over the next twenty years.

Q: What financial or other obligation does a city or county incur by establishing a CCA? A: Formation of a CCA through a Joint Powers Authority would not require contributions from participating member agencies. By establishing a CCA, the JPA, acting on behalf of its members, assumes various powers and responsibilities such as assuming ratemaking authority for retail customers and the responsibility to procure power for customers in its jurisdiction. The authority and responsibilities of the Joint Powers Authority (JPA) will be determined by the participating cities. Q: Will creating a CCA require setting up a new bureaucracy? Isn’t the private sector better at managing the complexity

of today’s electricity markets than the public sector? A: Setting up a CCA program does not require hiring a large staff to manage the tasks of running the CCA. CCA tasks and functions can be handled through contracts with existing private and public sector organizations with significant CCA expertise and experience. The proposed CCA would be a public-private partnership that takes advantage of the opportunities offered by both the private and public sectors. The private sector will be employed to carry out many of the functions associated with a CCA program. A CCA is more a matter of public control over critical resources required to sustain our communities and a way to take advantage of unique and cost-effective financial opportunities available only to the public sector based on local input. In fact, public utilities have a long track record of providing power supply services at less cost than their private-sector counterparts. Q: Can cities and counties be legally shielded from the actions of the CCA?

A: Regardless of administrative structure, the assets and liabilities of the CCA program remain separate from those of

the participating agencies’ general funds. Financial liability is mitigated by specific JPA ordinance and vendor contract language that protects municipal assets. Q: What are the options for customers to opt-out and, if they change their minds, opt-in to a CCA at a later date? A: A new CCA is required to send a total of four notices to customers, two notices prior to commencement of CCA service, and two notices during the 60-day period following commencement of CCA service. Customers who opt out before or within the first 60 days of CCA service may return at any time. Customers who opt out after the first 60 days of service with a CCA will be prohibited by Southern California Edison from returning for one year. Q: Is the CCA subject to the same energy price fluctuations that undermined the IOU’s financial stability in 2000? A: Due to the restructuring law passed in 1996, the CPUC prevented utilities from entering into long-term purchase contracts because it was assumed that market competition would lower prices. At the time of California’s energy crises, IOU’s were caught in a unique situation of having to purchase power from the spot market as prices skyrocketed due to market manipulation, escalating natural gas prices, and other factors. Since the energy crisis of 2000-2001, the CPUC has changed power purchase rules that reduce many of the risks exposed by California’s experimentation with market restructuring. One way an incipient CCA can reduce such risk is by “forward procurement,” thereby reducing its reliance on more volatile spot market purchases, which is an accepted industry practice for meeting variable peak demands and simultaneously limiting exposure to the volatility of day-to-day price swings. Q: Why is CVAG moving so quickly to form a CCA? A: Timing is crucial in starting up a CCA. Currently, power and renewable resource rates are at historic lows. With so many CCA’s on the verge of formation, each one will be aggressively pursuing procurement contracts for their own customers. If we wait too long to form a CCA, it may be more difficult to secure energy contracts for the CCA and/or market prices may shift. Also SCE is in the process of proposing changes to the current calculation of the ‘exit fee’ charged to customers when they shift to a CCA. If their proposed changes are approved by the California Public Utilities Commission (CPUC), it could significantly affect the rates of the CCA, possibly making it much less viable to operate. For additional questions, please contact Katie Barrows ([email protected]) or Benjamin Druyon ([email protected]) at CVAG (760) 346-1127.



ITEM 7E

Staff Report Subject: 2017 CVAG Bicycle and Pedestrian Safety Program Contact: Eric Cowle, Transportation Program Manager ([email protected]) Recommendation: Approve ten project applications submitted for the CVAG 2017 Bicycle and Pedestrian Safety Program, and authorize Staff to negotiate the corresponding Reimbursement Agreements. Transportation Committee: CONCURS (Meeting of June 5th) Technical Advisory Committee: CONCURS (Meeting of June 12th)

Background: In February the Executive Committee approved the creation of a Bicycle and Pedestrian Safety Program for 2017 that would provide up to $10M in Regional funding for projects that directly address Bicycle and Pedestrian Accidents and Fatalities on CVAG’s Regional Arterials.

The deadline for proposals was May 1st. CVAG received 31 applications from nine different jurisdictions, requesting over $30 million in CVAG funding. Projects ranged in scope from striping and sidewalk gap closures to new signalized intersections and bridge widening. A one-page summary of each submittal has been included as an attachment. CVAG deliberately did not set prescriptive criteria or requirements for the projects as the intent was to supply regional resources to address bicycle and pedestrian safety for locally identified safety hot-spots within the Regional TPPS. The Safety Program was developed to directly address bicycle and pedestrian accidents and fatalities, and to allocate the resources quickly to try and stem the rising trend of these incidents. With the Safety Program oversubscribed by nearly $20 million, project applications were screened by their ability to directly identify accidents that had already occurred in the project location, and by the ability to be in construction within one year of project award. Within the $10 million funding limit, ten projects submitted by four different jurisdictions are recommended for funding. At the June 5th CVAG Transportation Committee meeting, the City of Palm Springs requested that their Indian Canyon Mid-Block Crossing project (ranked #7) be replaced with their Vista Chino Signal project (ranked #8). The Vista Chino Signals project had been left off of the funding recommendation list due to uncertainty in being able to get the project to construction within one year. Since the Staff Report was prepared, the City of Palm Springs has received assurances from Caltrans that the project will be prioritized by them. As the Vista Chino Signals project was the City’s top priority, ranked highly (due to recent fatalities), and now likely to be in construction within one year, the Transportation Committee agreed to the swap, but capped the Vista Chino project at the Indian Canyon project’s grant amount of $516,000.


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 applications as a group, allowing staff to negotiate the individual reimbursement agreements over the summer and come back to the Executive Committee in the fall for their approval. It is possible that one or more projects may drop off of the list as the details of reimbursement agreements are developed. For example, a proposal for new a new traffic signal may not be warranted after a traffic study is completed over the summer. Completion of this type of traffic study was not a requirement in the project application. Should this be the case, Staff will negotiate with the next ranked project sponsor whose project is within the budget set and able to be in construction within one year. As the individual Reimbursement Agreements are negotiated, it is very possible that the dollar amounts for the projects may change as specific requirements add or subtract from the estimates. The quality of the project applications was impressive, and with nearly $30 million in regional dollars requested, it is clear that bicycle and pedestrian safety will continue to warrant funding consideration. Future Safety funding cycles might include a more structured application process and allow for projects addressing general bicycle and pedestrian safety concerns to be funded in subsequent years. Staff will update this committee in February of 2018 on the progress of the proposed projects and possibly request additional funds based upon the success of the program. Fiscal Impact: Regional Transportation Funds are available to cover CVAG’s share of $10,235,384 requested in the project applications, however this impact will occur when the actual reimbursement agreements are approved at a future date. Attachments: Project Spreadsheet – Original Ranking One-page Project Summaries

FY 2016/17 CVAG Safety Program

Application

Cathedral City 1

General

Jurisdiction/Number: Cathedral City 1

Project Name: Landau/McCallum Signal

Project Location: Landau Boulevard at McCallum Way

Project Summary: New signalized intersection at Mt. San Jacinto High School

Project Cost/Share: $570,600 CVAG Grant request: $428,000

Eligibility

Is the Project located on a CVAG’s TPPS Corridor?: Yes

Bicycle/Pedestrian Safety Nexus: One fatal pedestrian collision was recorded between January 2014 and

February 2017.

Ranking: Not Ranked. Below funding line

Staff Recommendations:

APPROVE if additional funding available

Comments: None

Scope Changes: None

Agreement Condition(s): Requires Warrant(s), Best Practices

Time Trigger(s): Construction within one year


Application

Cathedral City 2

General


Project Name: Mid-Block Xing Dinah Shore/Vaquero

Project Location: Dinah Shore Drive at Vaquero Road

Project Summary: New mid-block crossing at Cathedral City High School


Eligibility


Bicycle/Pedestrian Safety Nexus: One pedestrian was injured at this intersection in 2016.

Ranking: #9/30


APPROVE

Comments: None

Scope Changes: None

Agreement Condition(s): Requires traffic study, Best Practices



Application

Cathedral City 3

General


Project Name: Mid-Block Xing Perez 1

Project Location: Perez Road between Date Palm Drive and Cathedral Canyon Drive (feeds into Civic Center)

Project Summary: New mid-block crossing


Eligibility


Bicycle/Pedestrian Safety Nexus: Anecdotal only.

Ranking: Not Ranked. Below funding line.



Comments: None

Scope Changes: None




Application

Cathedral City 4

General


Project Name: Mid-Block Xing Perez 2

Project Location: Perez Road at Kyle Road

Project Summary: New mid-block crossing connecting employee parking lot with Cathedral City Auto Center


Eligibility






Comments: None

Scope Changes: None




Application

Cathedral City 5

General


Project Name: Date Palm /Ramon - SunLine

Project Location: Date Palm Drive at Ramon Road

Project Summary: Move SunLine bus stops at NB Date Palm north of intersection and EB Ramon east of intersection to be closer to intersection to reduce J-walking.


Eligibility


Bicycle/Pedestrian Safety Nexus: One pedestrian complaint of pain collision was recorded between January 2014 and February 2017.




Comments: SunLine is supportive of changes

Scope Changes: None

Agreement Condition(s): Requires SunLine involvement in design and construction



Application

Cathedral City 6

General


Project Name: Date Palm Bridge at Tahquitz Creek

Project Location: Date Palm Drive at Tahquitz Creek

Project Summary: Widen Bridge over Tahquitz Creek to provide bicycle and pedestrian capacity after Date Palm Drive is widened.

Project Cost/Share: $2,667,000 CVAG Grant request: $2,000,000

Eligibility





APPROVE if additional funding becomes available

Comments:

Scope Changes:

Agreement Condition(s):



Application

Cathedral City 7

General


Project Name: Date Palm Gap Closure

Project Location: Date Palm Drive between Vista Chino and Gerald Ford Drive and a portion of Gerald Ford Drive east of Date Palm Drive

Project Summary: Sidewalk gap closures for corridors that serve students attending five different PSUSD schools.


Eligibility


Bicycle/Pedestrian Safety Nexus: Five pedestrian accidents on Date Palm Drive recorded between January 2014 and December 31, 2016, including one fatality.

Ranking: #5/30


APPROVE

Comments:

Scope Changes:




Application

City of Coachella 1

General

Jurisdiction/Number: Coachella 1

Project Name: Grapefruit Sidewalk and Bike Lanes

Project Location: Grapefruit Boulevard from Avenue 48 to Avenue 54

Project Summary: Sidewalk gap closures, bicycle lanes and crosswalks


Eligibility


Bicycle/Pedestrian Safety Nexus: No accidents identified.



APPROVE if additional funding becomes available.

Comments:

Scope Changes:




Application

City of Coachella 2

General


Project Name: Shady Lane Bike/Ped Path

Project Location: Shady Lane between 9th Street and Avenue 54

Project Summary: New Class I bike/ped path with lighting in drainage corridor behind houses


Eligibility






Comments:

Scope Changes:




Application

City of Coachella 3

General


Project Name: Frederick Bike/Ped

Project Location: Frederick Street from Avenue 49 to Mitchell Drive

Project Summary: Installation of bicycle lanes and pedestrian facilities


Eligibility

Is the Project located on a CVAG’s TPPS Corridor?: NO


Ranking: Not Evaluated. Not on the Regional Network.


Not Evaluated.

Comments:

Scope Changes:


Time Trigger(s):


Application

County of Riverside 1

General

Jurisdiction/Number: County of Riverside 1

Project Name: Thousand Palms Canyon Road

Project Location: Thousand Palms Canyon Road between Dillon Road and Varner Road

Project Summary: Widen existing roadway to include pavement rehabilitation, striping and rumble strip to provide new five-foot bicycle lane on both sides of roadway.


Eligibility


Bicycle/Pedestrian Safety Nexus: Anecdotal only. (CVAG TPPS shows two accidents in this segment over four year period)

Ranking: #13/30. Below funding line.



Comments:

Scope Changes: Remove pavement rehabilitation of existing driving lanes.

Agreement Condition(s): CVAG would not fund pavement rehabilitation of existing driving lanes with this grant.

Time Trigger(s): Construction within one year.


Application

County of Riverside 2

General

Jurisdiction/Number: County of Riverside 2

Project Name: Dillon Road Bike Lanes

Project Location: Dillon Road between Palm Drive and Bennett Road

Project Summary: Widen existing roadway to include pavement rehabilitation, striping and rumble strip to provide new five-foot bicycle lane on both sides of roadway.


Eligibility






Comments:

Scope Changes: Remove pavement rehabilitation of existing driving lanes.

Agreement Condition(s): CVAG would not fund pavement rehabilitation of existing driving lanes with this grant.



Application

City of Desert Hot Springs 1

General

Jurisdiction/Number: Desert Hot Springs 1

Project Name: 3-Palm, 1-Pierson Signals/Lights

Project Location: Palm Drive at Buena Vista Avenue, Desert View Avenue and Flora Avenue, Pierson Boulevard at Cholla Avenue

Project Summary: Installation of new signals at four intersections, and lighting along Palm Drive corridor


Eligibility

Is the Project located on a CVAG’s TPPS Corridor?: YES

Bicycle/Pedestrian Safety Nexus: 22 bicycle and pedestrian accidents since 2011.

Ranking: #1/30. Top Ranked Project.


APPROVE

Comments:

Scope Changes: None

Agreement Condition(s): Traffic Study/Warrants, Best Practices



Application


General


Project Name: Palm Drive/Two Bunch Palms Intersection

Project Location: Palm Drive at Two Bunch Palms Trail

Project Summary: New signalized intersection near five mobile home parks

Project Cost/Share: $1,000,000 CVAG Grant request: $750,000

Eligibility






Comments:

Scope Changes: None

Agreement Condition(s): Traffic Study/Warrant(s), Best Practices



Application


General


Project Name: 4 Intersection Stops

Project Location: Mission Lakes Boulevard and West Drive, Palm Drive and 4th Street, Palm Drive and 12th Street, West Drive at DHS HS

Project Summary: Installation of 4-way stops at four different busy pedestrian intersections


Eligibility






Comments:

Scope Changes: None

Agreement Condition(s): Traffic Study/Warrant(s), Best Practices



Application


General


Project Name: Arterial Re-striping

Project Location: City arterials

Project Summary: Re-striping of City arterials


Eligibility

Is the Project located on a CVAG’s TPPS Corridor?: Partial





Comments:

Scope Changes: Adjust to include arterials within Regional System, Adjust for corridors containing B/P striping




Application

City of Indio 1

General

Jurisdiction/Number: City of Indio 1

Project Name: Avenue 48 Bike Lanes

Project Location: Avenue 48 from Jefferson Street to Jackson Street

Project Summary: Re-striping Avenue 48 to provide buffered bicycle lanes


Adjusted: $861,575 CVAG Grant Request: $646,181

Eligibility


Bicycle/Pedestrian Safety Nexus: Since 2009, there have been five pedestrian and bicycle related collisions along Avenue 48.

Ranking: #11/30


APPROVE

Comments: The CVAG Safety Program is focused on Safety. While slurry sealing the roadway prior to re-striping may result in a more aesthetic project, CVAG believes that the slurry seal would be more appropriately funded through the municipal maintenance budgets consistent with their pavement management systems.

Scope Changes: Remove slurry seal




Application

City of Indio 2

General


Project Name: Calhoun Street

Project Location: Calhoun Street between Highway 111 and Doctor Carreon Boulevard

Project Summary: Road diet to reduce through lanes, add bicycle lanes, new and upgraded lighting, new ADA/Sidewalks and new mid-block crossing at Date Street


Adjusted: $1,048,270 CVAG Grant Request: $786,203

Eligibility


Bicycle/Pedestrian Safety Nexus: Over the last three years, there have been four pedestrian-vehicle collisions on Calhoun Street between Taurus Avenue and Capricorn Avenue, a distance of about 1,000 feet. Three of the pedestrian collisions resulted in fatal injuries.

Ranking: #6/30


APPROVE






Application

City of Indio 3

General


Project Name: Fred Waring Bike

Project Location: Fred Waring between Jefferson Street and Monroe Street

Project Summary: Re-striping of Fred Waring Drive to provide for new bike lanes and buffered bike lanes.

Project Cost/Share: $1,248,690 CVAG Grant request: $936.518

Adjusted: $756,230 CVAG Grant Request: $567,173

Eligibility


Bicycle/Pedestrian Safety Nexus: Since 2009, there have been two bicycle and pedestrian related collisions along Fred Waring Drive, including a recent fatality.

Ranking: #16/30 Below funding line.








Application

City of La Quinta 1

General

Jurisdiction/Number: City of La Quinta 1

Project Name: Jefferson Street Sidewalk

Project Location: Jefferson Street immediately north of Avenue 50

Project Summary: Construct missing segment of sidewalk and curb ramp at this location.


Eligibility






Comments:

Scope Changes:




Application

City of La Quinta/City of Indio 1

General

Jurisdiction/Number: City of La Quinta/City of Indio 1

Project Name: Jefferson Street Bike Lanes

Project Location: Jefferson Street from Indio Boulevard to Avenue 50

Project Summary: Re-striping to allow for buffered bike lanes

Project Cost/Share: $2,419,608 CVAG Grant request: $1,814,

Adjusted: $1,456,536 CVAG Grant Request: $1,092,402

Eligibility


Bicycle/Pedestrian Safety Nexus: Since 2009, there have been one pedestrian and four bicycle related collisions along Jefferson Street.





Scope Changes: Remove Slurry Seal




Application

City of La Quinta/City of Indio 2

General

Jurisdiction/Number: City of La Quinta/City of Indio 2

Project Name: Madison Street Bike/Ped

Project Location: Madison Street from Avenue 50 to Avenue 52

Project Summary: Addition of curb-adjacent sidewalk to both sides of Madison and installation of 10’ trail on east side of Madison.


Adjusted: $1,171,485 CVAG Grant Request: $878,614

Eligibility


Bicycle/Pedestrian Safety Nexus: Since 2009, there has been one pedestrian related collision along Madison Street.




Comments:

Scope Changes: Remove 10’ trail or redesign to CV Link Community Connector standard




Application

City of Palm Desert 1

General

Jurisdiction/Number: Palm Desert 1

Project Name: 72 Class II Bike/Golf Cart Lanes

Project Location: 72 locations throughout city

Project Summary: Re-striping, signage for City Bike/Golf Cart Lane locations


Eligibility

Is the Project located on a CVAG’s TPPS Corridor?: Partial





Comments:

Scope Changes: Adjust to include locations within Regional System




Application

City of Palm Springs 1

General

Jurisdiction/Number: City of Palm Springs 1

Project Name: Vista Chino Signals

Project Location: Vista Chino at Via Miraleste and at North Palm Canyon Drive at Via Escuela

Project Summary: Construct new traffic signals.


Eligibility


Bicycle/Pedestrian Safety Nexus: 2 fatal pedestrian and 1 bicycle injury collision between January 2014 and February 2017.

Ranking: #8/30. Above funding line, but deemed unlikely to begin construction within one year.


APPROVE if time constraint becomes loosened to two years until construction.

Comments: Caltrans approves

Scope Changes:




Application


General


Project Name: Palm Canyon Crosswalks - North

Project Location: Palm Canyon Drive intersections with Stevens Road and Via Las Palmas

Project Summary: Construct crosswalks and enhanced pedestrian intersection improvements.


Eligibility


Bicycle/Pedestrian Safety Nexus: 1 pedestrian and 1 bicycle injury collision between January 2014 and February 2017.

Ranking: #10/30


APPROVE

Comments:

Scope Changes:

Agreement Condition(s): Traffic Study/Warrant(s)



Application


General


Project Name: Gene Autry/Tahquitz Creek Signal

Project Location: Gene Autry Trail at Tahquitz Creek (Tahquitz Creek Golf Course)

Project Summary: New traffic signal with pedestrian crossing.


Eligibility





APPROVE

Comments:

Scope Changes:

Agreement Condition(s): Traffic Study/Warrant(s)



Application


General


Project Name: Palm Canyon Drive Pedestrian

Project Location: Palm Canyon Drive from Tachevah Drive to Ramon Road

Project Summary: Upgrade 10 existing signalized intersections to include enhanced pedestrian safety infrastructure.


Eligibility


Bicycle/Pedestrian Safety Nexus: One bicycle severe injury, five pedestrian other visible injury collision, and three pedestrian complaint of pain injury collisions were recorded at these intersections between January 2014 and February 2017.

Ranking: #2/30


APPROVE

Comments:

Scope Changes:




Application


General


Project Name: Indian Canyon Drive Pedestrian

Project Location: Indian Canyon Drive from Tachevah Drive to Ramon Road

Project Summary: Upgrade 9 existing signalized intersections to include enhanced pedestrian safety infrastructure.


Eligibility


Bicycle/Pedestrian Safety Nexus: One pedestrian severe injury, two pedestrian other visible injury collision, and four pedestrian complaint of pain injury collisions were recorded at these intersections between January 2014 and February 2017.

Ranking: #4/30


APPROVE

Comments:

Scope Changes:




Application


General


Project Name: S. Palm Canyon, E. Palm Canyon Pedestrian

Project Location: South Palm Canyon Drive from Mesquite Avenue through the curve where South Palm Canyon Drive becomes East Palm Canyon Drive and ending South Sunrise Way

Project Summary: Signalized pedestrian crossing between Sonora Road and Avenida Palmera, pedestrian refuge island along South Palm Canyon Drive, new signalized intersection at East Palm Canyon Drive and Deep Well Road and at Sagebrush Road


Eligibility


Bicycle/Pedestrian Safety Nexus: Two pedestrian fatal collision, two pedestrian severe injury, two bicycle visible injury collision, one bicycle complaint of pain injury and one pedestrian complaint of pain injury collisions were recorded at these intersections between January 2014 and February 2017.

Ranking: #3/30


APPROVE

Comments:

Scope Changes:

Agreement Condition(s): Traffic Study, Warrant(s)



Application


General


Project Name: Indian Canyon Mid-Block Xings

Project Location: Indian Canyon Drive between East Mel Avenue and Tachevah Drive and between Arenas Road and Baristo Road

Project Summary: New signalized mid-block pedestrian crossings and lighting at Desert Regional Medical Center.


Eligibility


Bicycle/Pedestrian Safety Nexus: Two pedestrian severe injury collision, one pedestrian visible injury collision, and one pedestrian complaint of pain collision between January 2014 and February 2017.

Ranking: #7/30


APPROVE

Comments:

Scope Changes:

Agreement Condition(s): Traffic Study, Warrant(s)



Application

City of Rancho Mirage 1

General

Jurisdiction/Number: City of Rancho Mirage 1

Project Name: Dinah Shore Drive Sidewalk Gaps

Project Location: Dinah Shore Drive between Bob Hope Drive and Monterey Avenue

Project Summary: Construct sidewalks and ADA ramps along gaps in this section.


Eligibility






Comments:

Scope Changes:



ITEM 7F

Staff Report

Subject: Creation of the CV Link Oversight Committee Contact: Erica Felci, Governmental Projects Manager ([email protected]) Recommendation: Approve Resolution No 17-006 to establish a CV Link Oversight Committee. Transportation Committee: Initiated proposal (Meeting of June 5th) Technical Advisory Committee: Informational item only (Meeting of June 12th) Background: Since 2011, CVAG staff has been actively working on CV Link, a valley-wide pathway that would be accessible to cyclists, pedestrians and those who use low-speed electric vehicles (LSEVs) such as golf carts. In recent years, the project has achieved a number of important milestones, including the unanimous Executive Committee decision to receive and file the CV Link Conceptual Master Plan in February 2016. On May 15, 2017, the CVAG Executive Committee voted 10-1-1 to certify the Environmental Impact Report (EIR) for CV Link and adopted Resolution 17-004, which approves the project. The project route does not extend CV Link through the Cities of Rancho Mirage and Indian Wells. Given the project approval, members of the Transportation Committee have expressed an interest in establishing a committee that would expedite the finalization and construction of CV Link. During the June 5, 2017 meeting, the Transportation Committee voted 8-0-2 – with Rancho Mirage and Indian Wells abstaining – to establish a policy committee comprised solely of jurisdictions that are participating in CV Link. This would include County of Riverside, the Agua Caliente Band of Cahuilla Indians and the seven Coachella Valley cities that are participating in the first and second phases of the project: Coachella, Cathedral City, Desert Hot Springs, Indio, La Quinta, Palm Desert and Palm Springs. In initiating the idea, members of the Transportation Committee suggested the CV Link Oversight Committee could be modeled after the Coachella Valley Conservation Commission (CVCC). The CVCC operates under a separate joint powers agreement because its membership includes utility districts that are not members of CVAG. CVAG has created various committees over the years, most recently in October 2006 when the Homelessness Committee was established. CVAG staff has researched the proposal raised by the Transportation Committee and determined that the Executive Committee can delegate powers to a new, policy committee so it is authorized to approve any CV Link-related items. The proposed resolution (attached) outlines a variety of powers that would be given to the new CV Link Oversight


Committee, which include oversight of project management, influence over project priorities and authority to approve contracts that are within the approved annual budget. The members of the CV Link Oversight Committee would be chosen by the jurisdictions in a manner similar to how they choose representatives on other CVAG policy committees. The CV Link Oversight Committee would meet as needed, mostly likely with meetings that coincide with the Transportation Committee schedule. This would not be a sub-committee, but rather a separate policy committee with approval authorization. CVAG staff would be responsible for providing CV Link Oversight Committee updates as informational items to the Transportation Committee, Technical Advisory Committee and Executive Committee. CVAG staff was still researching the scope and authority of the CV Link Oversight Committee when the Technical Advisory Committee met on June 12, so the item was presented as an informational update only. At the June 15, 2017 meeting of the Rancho Mirage City Council, Rancho Mirage Councilman Ted Weill announced the City intended to ask CVAG staff to halt efforts to create a “subcommittee” on CV Link that did not include representation from either Rancho Mirage or Indian Wells. If CVAG moved ahead, Councilman Weill said it was “entirely possible that we will take further, and more meaningful, legal action.” Councilman Weill followed up with a letter to CVAG on June 21, saying the Transportation Committee “lacks the legal authority to establish subcommittees.” The intent of the Transportation Committee’s motion was not to establish a subcommittee, but to recommend that the Executive Committee establish a policy committee, as clearly outlined in the attached resolution. Fiscal Impact: If approved, the CV Link Oversight Committee would meet for the first time on August 28, immediately following the regularly scheduled Transportation Committee meeting. CVAG staff does not anticipate the new Committee would meet every month, but would incur per diems when they do. Staff anticipates these modest costs would be covered by the proposed 2017-18 fiscal year budget. Attachment: Resolution No. 17-006

RESOLUTION NO. 17-006

A RESOLUTION OF THE EXECUTIVE COMMITTEE OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ESTABLISHING A CV LINK OVERSIGHT COMMITTEE

The Executive Committee of the Coachella Valley Association of Governments does hereby resolve and order as follows: SECTION 1. FINDINGS

A. In 1989, the member agencies of CVAG made and entered into an “Implementation Agreement Authorizing the Coachella Valley Association of Governments to Manage and Administer the Regional Transportation Plan” (Transportation Implementation Agreement), whose purpose is to jointly exercise the common powers to plan for, acquire, construct, maintain, repair, manage, operate, impose fees for and incur indebtedness for and control facilities for the purpose of planning and constructing transportation facilities.

B. The CV Link Conceptual Master Plan outlines a multi-modal recreation and transportation corridor that will provide for safer routes for active transportation users, including pedestrians and cyclists, as well as low-speed electric vehicles.

C. CV Link is included in the latest, 2016 version of CVAG’s Capital Improvement Plan known as the Transportation Project Priorization Study (TPPS).

D. CVAG has periodically established committees focused on specific projects, programs or policies and the membership of such committees is often tailored or limited based on the subject matter.

E. The requisite level of oversight of CV Link can best and most efficiently be provided by an oversight committee dedicated exclusively to that purpose.

F. Section 2.12 of the Second Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments (“CVAG”) authorizes the Executive Committee to form committees as it deems appropriate to accomplish the purposes of the organization.

G. Establishment of a CV Link Oversight Committee will be the most effective means of receiving public input, decision-making and oversight of staff’s management of the project.

SECTION 2. COMMITTEE ESTABLISHED

The CV Link Oversight Committee (“Committee”) is hereby established.

SECTION 3. PURPOSE OF THE CV LINK OVERSIGHT COMMITTEE

The purpose of the Committee shall be to oversee the implementation of the CV Link project (“Project”), as defined by the CV Link Conceptual Master Plan, in coordination with the Executive Director and in conformance with the approved plans and budget for the project.

SECTION 4. DUTIES AND RESPONSIBILITIES The Committee shall have the following powers and duties associated with CV Link, as broadly described in the CV Link Conceptual Master Plan, to: A. Exercise jointly the common powers of CVAG members that

support the Project to oversee and assist the Executive Director in the management and construction of the Project;

B. Make and enter into contracts and agreements, consistent with CVAG’s approved annual budget, with consultants contractors, engineers, other professionals, and others consistent with the common powers described in the Transportation Implementation Agreement;

C. To determine project priorities, to set design standards for projects

and to guide construction-related activities;

D. Accept federal, state and other grants and awards;

E. Receive gifts and donations of property, funds, services and other forms of assistance from any person, firm or governmental entity;

F. Any other matters as directed by the Executive Committee. SECTION 5. MEETINGS The first meeting of the Committee shall be on August 28, 2017 at 10 a.m., or immediately following the regularly scheduled CVAG Transportation Committee meeting. Thereafter, the Committee shall establish a day and time for regular meetings at least once monthly and may hold such additional adjourned or special meetings as it or the Executive Committee deems necessary or expedient. The dates and times of the regularly scheduled meetings and any adjourned or special

meetings shall be posted on the CVAG website and otherwise in compliance with CVAG policy and procedure.

SECTION 6. ORGANIZATION At its first regular meeting, the Committee shall elect from its membership a Chair and Vice-Chair. The Chair and Vice-Chair positions may be alternated among the Committee’s membership on an annual basis. CVAG shall maintain a public record of the Committee’s actions and resolutions. SECTION 7. OPEN MEETINGS The Committee’s meetings shall be conducted in compliance with the CVAG Policies and Procedures Manual and the Ralph M. Brown Act (Government Code section 54950 et seq.).

SECTION 8. MEMBERS The Committee shall be composed of one representative of the following member agencies, selected by each of the jurisdictions’ councils and the County Board of Supervisors: County of Riverside City of Coachella City of Indio City of La Quinta City of Palm Desert City of Cathedral City City of Palm Springs City of Desert Hot Springs Agua Caliente Band of Cahuilla Indians Committee representatives are generally elected officials, and shall be chosen in a manner consistent with other CVAG policy committees. Member jurisdictions may be added to the Committee by Executive Committee’s approval of an amendment to this Resolution. SECTION 9. COMPENSATION Committee members shall be compensated for meeting attendance at the rate established by CVAG for CVAG policy committees. No additional compensation shall be provided to the committee members. SECTION 10. VACANCY IN OFFICE

A vacancy on the Committee caused by death, resignation, loss of elected office or any other cause shall be filled by an appointment from that member’s council or County Board of Supervisors.

SECTION 11. DISSOLUTION

The Executive Committee may dissolve the Committee at any time.

SECTION 12. CERTIFICATION The Executive Director shall certify to the passage and adoption of this resolution and have it entered into the record of original resolutions.

PASSED, APPROVED AND ADOPTED by the Executive Committee of the Coachella Valley Association of Governments this __ day of ______, 2017.

__________________________ DANA REED, EXECUTIVE

COMMITTEE CHAIR

ATTEST: _________________________ TOM KIRK, CVAG 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 77% complete; revised completion date 03 July 2017. Portola @ I-10 Final PA & ED expected Summer 2017 for public distribution Monroe @ I-10 Project Study Report (PSR) completed. RFP for PA & ED anticipated this summer 2017. Jackson @ I-10 Project Study Report (PSR) completed. RFP for PA & ED anticipated this summer 2017. 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.


ITEM 8b

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

InterchangesAvenue 50 @ 86S COA Environmental Kick-off for PA & ED was in June 2016.Avenue 50 @ I-10 COA PSE PS&E contract under way. Jefferson @ I-10 COR Construction Const 74% complete; completion by July 2017.

Arterial LinksAve. 48 (fr. Jackson St. to Van Buren St.) COA Construction NEPA process ongoing. Construction anticipated winter of 2017Ave. 50 (fr. Calhoun St. to Harrison St) COA Construction PA/ED under wayCoachella Traffic Signal Conversion COA Construction Construction Plans completed. 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 Major intersection construction work will commence after the music festivalsMadison 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 scheduled for Spring of 2017. Currently out to bid.

BridgesAvenue 66 Grade Separation over UPRR COR Construction Had NEPA clearance; may need to go back through design & env processAvenue 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 2018/19Frank Sinatra Bridge over WWR RM Construction Awaiting Hydrology/Hydraulic report to move into final design. Constr 2019South 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 2019Indian 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 2018Vista Chino Bridge over WWR PS Prelim Engin Initiating PSE Phase

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

6/14/2017

ITEM 8c

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 * - * - - - -

AbsentNo Meeting *

Scheduled Dark Month -

2017 EXECUTIVE COMMITTEE ATTENDANCE ROSTER

2017 TECHNICAL ADVISORY COMMITTEE ATTENDANCE ROSTER

EXECUTIVE COMMITTEE

Last Monday

4:30 p.m.

- - 25

-

H Dec 4

- 29 26

- 30 H

June 4

25

TECHNICAL ADVISORY COMMITTEE

2nd Monday

11:00 a.m.

- - 11

- 13

- 8 12

- 9 14 11

TRANSPORTATION COMMITTEE

1st Monday

9:00 a.m.

- -

H Aug 28

- 6

-

H 15

5 - 2 7 4

TRANSPORTATION TECHNICAL ADVISORY SUB-COMMITTEE

4th Monday

12:00 p.m.

- - 25

- 27

- 22 26

- 23

H 12

25

TECHNICAL PLANNING SUB-COMMITTEE

3rd Tuesday

(Modified)

11:00 a.m.

- - 19

- 21

-

- 20

-

- 15

-

COACHELLA VALLEY CONSERVATION COMMISSION

2nd Thursday

11:00 a.m.

- - 14

- 9

- 11 8

- 12 10 14

ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE

2nd Thursday

12:00 noon

- - 14

- 9

- 11 8

- 12 10 14

SOLID WASTE AND RECYCLING TECHNICAL WORKING GROUP

2nd Monday

(Quarterly)

3:00 p.m.

11** -

-

H 16

-

- 8

-

- 9

-

-

PUBLIC SAFETY COMMITTEE

2nd Monday

9:00 a.m.

- -

11

-

13

- 8

12

-

-

14

11

HOMELESSNESS COMMITTEE

3rd

Wednesday

10:00 a.m.

- - 20

- 15

- 17 21

- 18 16 20

GENERAL ASSEMBLY

Last Monday

in June

6:00 p.m.

- -

-

-

-

- -

-

-

-

-

25

H = Holiday * = Special Meeting ** = Field Trip UPDATED: May 18, 2017 PLEASE NOTE: When it becomes necessary to have a special meeting or to change the date of a meeting, committee members will be alerted and the change will be noted on the CVAG website calendar.

***AGENDAS CAN BE FOUND AT: www.cvag.org. ***

http://www.cvag.org/

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ITEM 8d

ITEM 8e

Staff Report Subject: 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)

Contact: Gary Leong, Deputy Executive Director ([email protected]) STAFF RECOMMENDED MOTION: Receive and File. BACKGROUND: The American Institute of Certified Public Accountants (AICPA) issued SAS 114 to increase the effectiveness of two-way communication between independent auditors and their clients. SAS 114 provides a framework for the auditor’s communication with those charged with governance and identifies some specific matters to be communicated. In particular, the auditor must communicate matters related to the financial statement audit that are, in the auditor’s professional judgment, significant and relevant to the responsibilities of those charged with governance. The principal purposes of communication with those charged with governance are to:

1) Communicate clearly the responsibilities of the auditor in relation to the financial statement audit and an overview of the scope and timing of the audit;

2) Obtain information relevant to the audit; and, 3) Provide timely observations arising from the audit that are relevant to the

responsibilities in overseeing the financial reporting process. The attached letter outlines the planned scope and timing of the audit, and satisfies the requirements set forth in SAS 114. FISCAL ANALYSIS: No fiscal impact.


May 26, 2017 To the Members of the Coachella Valley Association of Governments Palm Desert, California We are engaged to audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the Coach ella Valley A ssociation of Governments (Association) and the Single Audit for th e year ended June 30, 20 17. Professional standards require that we provide you with the f ollowing information related to our a udit. We would also appreciate the opportunity to meet with you to discuss this information further since a two-way dialogue can provide valuable information for the audit process. Our Responsibilities under U.S. Generally Accepted Auditing Standards, Government Auditing Standards, the Single Audit Act Amendments of 1996 and the pr ovisions of the Unifor m Guidance As state d in our e ngagement letter, our responsibility, as de scribed by p rofessional st andards, is t o express opinions about whether the fin ancial statements p repared by man agement with yo ur oversight are fairly pre sented, in all material re spects, in conformity with U.S. gener ally acce pted acco unting principles. Our audit of the financial statements does not relieve you or mana gement of your responsibilities. Our responsibility is to pla n and perform the audit to obtain rea sonable, but not absolute, a ssurance that the financial statements a re free of material missta tement. As part of our audit, we will con sider the internal control of the Association. Such consider ations will be solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. We are responsible for communicating significant matters related to the a udit that are, in our professional judgment, relevant to your resp onsibilities in overse eing t he financi al reportin g pro cess. Ho wever, we are n ot requi red to design procedures specifically to identify such matters. We wil l also co nsider internal control over compliance with requi rements that could have a dire ct and materia l effect on a major fed eral program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with the Uniform Guidance. As part of obtaining reasonable assurance about whether the Association’s financial statements are free of material misstatement, we will perform tests of its compli ance with certain provisi ons of laws, regulations, contracts, and grants. However, providing an opinion on compliance with those provisions is not an objective of our audit. Also in accordance with Uniform Guidance, we will examine, on a test basis, evidence about the Association’s compliance with the types of compliance requirements described in the U.S. Office of Manageme nt and Budg et (OMB) Co mpliance Supplement applicable to each of its major federal programs fo r the purpose of e xpressing an opinion on the Association’s compliance with those requirements. While our audit will p rovide a reasonable basis for our opinion, i t will not p rovide a leg al determination on the Association’s compliance with those requirements. We are respon sible for communi cating significa nt matters related to th e audit that are, in our professional j udgment, rel evant to you r re sponsibilities in overseeing the fina ncial reporting pro cess. However, we are not required to design procedures specifically to identify such matters.

203 N. Brea Blvd., Suite 203 Brea, CA 92821 Phone: 714.672.0022

An Association of Independent Accounting Firms

To the Members of the Coachella Valley Association of Governments Palm Desert, California Generally accepted accounting principles provide for certain required supplementary information (RSI) to supplement the basic financial statements. Our responsibility with respect to the m anagement’s discussion a nd analy sis, the budg etary compa rison sch edules f or the ge neral fund an d major special revenue funds, the schedule of propo rtionate share of the net pension liability and the schedule of plan contributions which supplement the b asic financial statements, i s to apply certain limited p rocedures in accordance with generall y accepted auditing standards. However, the RSI will not be audited and, because the limited procedures d o not provide u s with suffici ent ev idence to express an opinio n or provide any assurance, we will not express an opinion or provide any assurance on the RSI. We have been engaged to report on the combinin g and individual fund statements and schedules which accompany the financial statements but are not RSI. Our responsibility for this supplementary information, as described by professional standards, is to evaluate the presentation of the suppleme ntary information in relation to the financial statements as a whole and to report on whether the supplementary information is fairly stated, in all material respects, in relation to the financial statements as a whole. Planned Scope and Timing of the Audit An audit include s examining, on a test basis, evide nce supporting the amou nts and discl osures in th e financial stat ements; therefore, our audit will involve judgment about the num ber of transactions to be examined and the areas to be tested. Our audit wil l include obt aining an un derstanding of the entity and its environment, incl uding interna l control, sufficient to assess the risks of material misstatement of the financi al statements and to desi gn the nature, timing, and extent of further audit procedures. M aterial misst atements may result from (1) e rrors, (2 ) fraud ulent finan cial re porting, (3 ) misapprop riation of asset s, o r (4 ) violation s of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. We will general ly communicate our significant findings at the concl usion of the audit. Ho wever, some m atters could b e co mmunicated so oner, particularly if signifi cant di fficulties a re encountered during the audit where assistance is needed to overcome the difficulties or if th e difficulties may lead to a modified opinion. We will also comm unicate any internal control related matters that are required to be communicated under professional standards. We expect to issue our report on approximately December 20, 2017. This informat ion is intend ed solely for the use of the governin g board an d managem ent and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours,

ITEM 8f

Staff Report

Subject: Correspondence to Rancho Mirage proposing modified CV Link Contact: Erica Felci, Governmental Projects Manager ([email protected]) Recommendation: Information. Background: On May 15, 2017, the Executive Committee held a special meeting to certify the CV Link Environmental Impact Report (EIR) and to approve the project. In its formal comment letter submitted on the draft EIR, the City of Rancho Mirage stated that CVAG should have studied a project alternative that prohibited neighborhood electric vehicles and low-speed electric vehicles on CV Link. This is a view that City leaders have also expressed in their public statements. On May 18, 2017, CVAG staff attended the Rancho Mirage City Council meeting to present a letter that offers to study a modified CV Link through the City, which would prohibit neighborhood electric vehicles or golf carts in Rancho Mirage. As of the release of the Executive Committee agenda, CVAG had yet to receive a reply. This is the third time CVAG staff has offered to study a modified CV Link in the City. It was proposed as an alternative at the June 1, 2015 Executive Committee meeting, but the proposal was opposed by then-Mayor Dana Hobart. CVAG reiterated the offer in a letter in October 2015, but the Rancho Mirage City Manager responded that "we do not consider this to be a viable alternative." Attachments: Letter to City of Rancho Mirage, May 18, 2017


OFFICE OF THE CITY MANAGER RANDAL ~. OYNDE:R

November 2,2015

Mr. Tom Kirk Executive Director CVAG 73-710 Fred Waring Drive, Suite 200

Palm Desert, CA 92260

Dear Tom,

MIRAGE: ©

RECEIVED NO V 0 4 2015

CVAG/CVCC PALM DESERT, CA

Thank you for your letter of October 13, 2015 offering an alternative in the CV Link environmental analysis prohibiting low speed electric vehicles on all or part of the route through Rancho Mirage. We do not consider this to be a viable alternative.

Sincerely,

~ Randal K. Bynder City Manager

ADMINI,) TRATION DE:\lE10PME:NT <;E:RIJICE:<; FINANce HOl)<; ING PUOL!C UORARY punuc WORK') Tel. 1.760.3244511 Tel. 1.760.3244511 Tel. 1.760.770 .3207 Tel. 1.760. nO.321 0 Tel . 1760.341 .7323 Tel. 1.760.770 .3224 Fax. 1.760.324.8830 Fax. 1.760 .2024792 Fax. 1.760.324.0528 Fax. 1.760.324.1617 Fax. 1.760.341 .5213 Fax. 1.760nO.3261

69-825 f+IGf+,,JAY 111 I RANCf+O ~1IRI\GE: , CA 92270 /~ ...

\fI,,'wVo/, Re!axRanchoMirage.com v-., '-> www.RanchoMirageCA.gov

Salton Sea ManagementProgram You’re

Invited

Work continues on the 10-Year Plan of the Salton Sea Management Program led by the California Natural Resources Agency in partnership with the California Department of Water Resources, Salton Sea Authority, California Department of Fish & Wildlife, IID, and many other federal, state, and local stakeholders. Projects included in the10-Year Plan, like the water management infrastructure, related habitat, and dust suppression components, will help address dust emissions and rising salinity that poses a threat to human health, fish and bird habitat and our local economies.

Please join us at one of our upcoming workshops to learn about the 10-Year Plan and what it means for you and your community.

Salton Sea Community Workshops

Locations and times are subject to change. Check the Salton Sea Management Program web page for details: resources.ca.gov/salton-sea

For more information and to request special assistance or interpretation services at one of these workshops, please contact Josh Zipperman at [email protected] or phone at (760) 327-9708 x24.

Boys & Girls Club 91391 66th Ave, Mecca

1 West Shores Senior Citizens Club in

2 Del Rio Community Center1501 I St., Brawley June 22, 5:30-7:30PM

3

Indio Performing Arts Center4517 Fargo St. Indio July 6, 5:30-7:30PM

6IID District Office1285 Broadway St., El Centro June 29, 5:30-7:30PM

5

4 Ski Inn in Bombay Beach

Rancho Mirage Public Library71100 CA-111, Rancho Mirage

7

June 13, 5:30-7:30PM June 15, 5:30-7:30PM

June 28, 2:00-4:00PM

July 12, 5:30-7:30PM

Status

Salton City1375 S. Marina Drive, Thermal

9596 Ave. A, Niland

jstueckle

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ITEM 8g