AGENDA
ITEM
15 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
15 CITY COUNCIL
AGENDA STAFF REPORT
DATE: July 15, 2026
TO: Mayor and City Council
Bu
APPROVED BY: Benjamin A. Martinez, City Manager
PREPARED BY: Michael Coyne, Planning & Building Director W SUBJECT: Authorize the Planning & Building Department to Advertise a Request for Proposals from Design Consultants for the Preparation of Conceptual Plans and Cost Estimates for Potential Improvements to the Adrian C. Cordova Memorial Park.
Recommendation:
It is recommended that the City Council authorize the Planning & Building Department to advertise a Request for Proposals (RFP) from design consultants for the preparation of conceptual plans and cost estimates for potential improvements to the Adrian C. Cordova Memorial Park (Cordova Park).
Background:
A Request for Proposals for complete design plans and special studies was previously issued on December 17, 2025 for a redesign of Cordova Park. The requested scope of services included land surveying, environmental studies, and 100% design documents. Due to the comprehensive nature of the request, the City received elevated cost proposals from five (5) firms ranging trom approximately $600,000 to $1.4 million. These figures were presented to the City Council on May 20, 2026. Direction was provided to issue a new RFP with a more limited scope that focuses on preparing a conceptual design without the extra studies and final design plans to reduce costs.
Discussion and Analysis:
Much of the 15-acre area that comprises Cordova Park has been developed, with lighting, irrigation systems, paved walkways, turf areas, trees, a playground, a soccer field, and three baseball fields. As such, the proposed RFP is mindful of these improvements and seeks designs that maximize the use of existing infrastructure while being responsive to community input, particularly to those residents living within the Bravo-Rodiles Commnity Facilities District (CFD).
The proposed RFP seeks professional services to prepare three design concepts for the future enhancement and buildout of Cordova Park. The selected consultant will work closely with City staff, stakeholders, and residents to develop concepts that balance active and passive recreational uses while remaining sensitive to the park's location within an established residential neighborhood.
The scope of work includes:
• Project administration and coordination with City staff. • Comprehensive site analysis and existing conditions assessment. • Extensive community outreach and public engagement, including bilingual participation opportunities.
• Development of three conceptual park design alternatives. • Preparation of preliminary construction cost estimates. • Presentation of concept plans in a joint workshop of the City Council and Community Services Commission.
• Presentation of a recommended plan with a Community Engagement Report to the City Council for final plan selection.
A significant component of the project will be community engagement. Through community meetings, workshops, online engagement tools, social media outreach, and bilingual participation strategies, the consultant will gather input from residents throughout Calexico, with a particular focus on residents within the Bravo-Rodiles Community Facilities District.
Drawing on technical analysis and community feedback, the consultant will develop three conceptual park plans that are practical, durable, easy to maintain, and capable of phased implementation. The consultant will incorporate design features that enhance safety and security, provide appropriate lighting while minimizing impacts on adjacent residential properties, and ensure adequate off-street parking through a parking analysis based on recognized planning and engineering standards. The RFP requests that the consultant evaluate opportunities to repurpose two existing baseball fields into other recreational uses, such as a dog park, open lawn area, or softball field. The consultant may also incorporate amenities such as shaded walking paths, open green spaces, water features, picnic and shade structures, sports courts, inclusive playgrounds, fitness facilities, and senior-friendly amenities that promote universal accessibility.
The resulting concepts will provide the public with practical and cost-conscious alternatives that build upon existing park improvements and reflect community priorities. Following review and refinement of the concepts in a joint workshop with the Community Services Commission, the City Council will select a preferred concept to guide future development of the park, with the goal of building the first phase of the selected plan within 1-2 years after selection of the final design. The expected timeframe for completion of the conceptual design work is approximately 6 to 8 months from the date of the notice to proceed, anticipated for issuance on October 30, 2026.
Fiscal Impact:
No fiscal impact.
Coordinated With: Benjamin A. Martinez, City Manager
Attachment(s):
1. Draft RFP
ATTACHMENT NO. 1
CITY OF CALEXICO
REQUEST FOR PROPOSALS
CALEXICO
Where California and monce mut
BID NO. 2026- XX
DESIGN SERVICES for
ADRIAN C. CORDOVA MEMORIAL PARK
Date of Issue:
July 17, 2026
Question Deadline:
August 17, 2026 by 3:00 PM
Proposal Due Date:
September 18, 2026 by 3:00 PM
Proposal Delivery Method & Location:
Hard copy to be delivered by physical mail, courier, or hand-delivery at Calexico City Hall - 608 Heber Ave, Calexico, CA 92231
Responses must be received no later than the date, time, and location indicated above for the receipt of proposals. Late submission of responses shall not be considered.
Submittal of response by fax is not acceptable. Note: This proposal does not constitute an order for the services specified.
TABLE OF CONTENTS
BRIEF OVERVIEW 3
GENERAL TERMS AND CONDITIONS 4
II.
SCHEDULE OF EVENTS 6
III.
IV. SCOPE OF SERVICES. 6
PROPOSAL INSTRUCTIONS AND FORMAT .. 10
VI. EVALUATION CRITERIA 12
VII. NOTIFICATIONS 12
ATTACHMENT "A" LEVINE ACT DISCLOSURE STATEMENT 13
ATTACHMENT "B" PROFESSIONAL SERVICES AGREEMENT SAMPLE.. 16
CITY OF CALEXICO
REQUEST FORPROPOSAL
ADRIAN C. CORDOVA MEMORIAL PARK
I. BRIEF OVERVIEW
The City of Calexico is seeking a qualified landscape architectural, engineering or multidisciplinary design firm ("Consultant") to prepare conceptual plans ana cost estimates for potential improvements to the Adrian C. Cordova Memorial Park, located within Calexico's city limits, in accordance with the included proposal specifications.
THE COMMUNITY AND BACKGROUND
The City of Calexico is located in southern Imperial County, California. It is about 122 miles (196 km) east of San Diego and 62 miles (100 km) west of Yuma, Arizona.
Calexico has a total area of 8.60 square miles (22 km2) of land, it is home to nearly 39,000 residents, contributing to a diverse and dynamic community. As the City continues to grow and evolve, so too does its vision for public spaces-creating parks that enhance quality of life, foster connections, and serve as vibrant hubs for recreation and social engagement.
Located on the northeast corner of
Zapata Street and Clinton Avenue,
within a residential neighborhood,
Adrian C. Cordova Memorial Park
spans 15 acres of open space with
existing improvements that include a
soccer field, a children's play area,
open • turf areas with exercising
machines, and three baseball
diamonds.
Based on community feedback and
ADRIAN C. CORDOVA
per direction of the City Council, the MEMORIAL PARK
City is seeking a qualified consultant
to develop conceptual plans and cost
estimates that build upon existing
improvements with enhancements to
existing infrastructure and spaces
that reflect extensive public input.
These conceptual plans should show
build-out scenarios for the park.
This RFP will be evaluated based on
the Consultant's qualifications and
the City's selection process.
GENERAL TERMS AND CONDITIONS
QUESTIONS REGARDING THE REQUEST FOR PROPOSAL (RFP)
Any questions, interpretations, or clarifications, either administrative or technical, about this RFP must be requested in writing prior to the date indicated on the cover page. All pertinent questions will be answered in writing and conveyed to all proposers via the City's website and to their emails. Oral statements concerning the meaning or intent of the contents of this RFP by any person are unauthorized and invalid. All questions technical, commercial, or contractual in nature shall be directed via email, addressed to Michael Coyne, Planning & Building Director at [email protected].
ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP or any of its attachments, he/she shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications will be made by addenda. Clarifications will be given by written notice to all parties who have been furnished with or who have requested an RFP, without divulging the source of the request.
If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in the RFP known to him/her, or an error that reasonably should have been known to him/her, he/she shall bid at his/her own risk, and if he/she is awarded the contract, he/she shall not be entitled to additional compensation or time by reason of the error or its later correction.
ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the proposal submittal date. Addenda will be numbered consecutively. It is the proposer's responsibility to ensure they have incorporated all addenda. Failure to acknowledge and incorporate addenda will not relieve the proposer of the responsibility to meet all terms and conditions of the RFP and any subsequent addenda. All addenda's will be posted via email to the proposers.
SUBMISSION OF PROPOSAL
Physical proposals will be accepted on or before the date and time indicated on the cover page, and in accordance with Section IV - Proposal Instructions and Format.
PROPOSER'S COST
Costs for developing proposals are entirely the responsibility of the proposer and shall not be chargeable to the City.
EXCEPTIONS
If a proposer takes exception to any part of these specifications as written, or as amended by any addenda subsequently issued, or to the Professional Services Agreement Sample attached to this RFP as Attachment "B", they must do so in writing. Said exceptions must be submitted with the proposal. Failure to do so will be construed as acceptance of all items of the specification and the Agreement.
DELIVERY OF PROPOSALS
All proposals shall be submitted sufficiently in advance of the proposal due date.
Proposals will ONLY be accepted physically, by mail, courier or hand-delivery, at the City of Calexico's City Hall. LATE PROPOSALS WILL NOT BE ACCEPTED.
PROPOSALS BECOME THE PROPERTY OF THE CITY
Proposals become the property of the City of Calexico and information contained therein shall become public property subject to disclosure laws. The City reserves the right to make use of any information or ideas contained in the proposal.
CONFIDENTIAL MATERIAL
Proposer must notify the City of Calexico in advance of any proprietary or confidential material contained in the proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order which proposer may obtain.
REJECTION OF PROPOSALS
The City may reject any or all proposals and may waive any immaterial deviation in a proposal. The City's waiver of an immaterial defect shall in no way modify the RFP documents or excuse the proposer from full compliance with the specifications if he/she is awarded the contract. Proposals referring to terms and conditions other than the City's terms and conditions may be rejected as being non-responsive.
CANCELLATION
This solicitation does not oblige the City to enter into an agreement with any proposer.
The City retains the right to cancel this RFP at any time, at its discretion, for reasons including, but not limited to, the project being canceled, the City loses the required funding, or if it is deemed in the best interest of the City. No obligation, either expressed or implied, exists on the part of the City to make an award or to pay any cost incurred in the preparation or submission of a proposal.
INSURANCE REQUIREMENTS
The City requires a certificate of insurance prior to commencement of any work. An underwriter's endorsement is also required with additional insured verbiage, and the surety must be an admitted surety in the State of California. Complete insurance requirements are stated in Exhibit C of the Professional Services Agreement.
AWARD OF CONTRACT
Award, if any, will be to the proposer whose proposal best complies with all the requirements of the RFP documents and any addenda. Evaluation methodology and basis for the award are described in Section V - Evaluation Criteria.
TERMS OF CONTRACT
The period of services shall commence October 30, 2026, and continue through October 30, 2027. The City may extend the term by two (2) one-year additional terms.
CONTRACT DOCUMENTS
In the event of a conflict between documents, the following order of precedence shall apply:
1. City of Calexico Professional Agreement
2. City of Calexico Request for Proposal
3. Proposer's Response
EXECUTION OF THE CONTRACT
The Agreement shall be signed by the proposer and returned, along with the required attachments, to the City within ten (10) working days of receipt of the Professional Services Agreement. The period for execution may be changed by mutual agreement of the parties. Agreements are not effective until approved by the appropriate City official(s).
Any work performed prior to receiving a fully executed agreement shall be at proposer's own risk
CAMPAIGN CONTRIBUTION DISCLOSURE
Contractor has complied with the campaign contribution disclosure provisions of the California Levine Act (Government Code § 84308) and has completed the Levine Act Disclosure Statement attached hereto as Attachment "A".
III. SCHEDULE OF EVENTS
1. Release of Request for Proposal _July 17, 2026
2. Deadline for Questions to the City _August 17, 2026 by 3:00 PM
3. City's Deadline for Responses to Questions _September 4, 2026
4. Deadline for Receipt of Proposals _September 18, 2026 by 3:00 PM
5. Consultant Interviews _Week of September 28, 2026
6. Award by City Council _October 21, 2026
7. Notice to Proceed After Award _October 30, 2026
*NOTE: The City may adjust the dates after receipt of the proposals without further notice.
IV. SCOPE OF SERVICES
The City of Calexico is seeking a qualified design firm to prepare three (3) conceptual park design alternatives and corresponding cost estimates for the enhancement and build out of the Adrian C. Cordova Memorial Park. Proposed concepts should build upon the significant infrastructure improvements to the park that have already been made. Proposed concepts should reflect community values and preferences based on extensive public outreach, as outlined in Task 3, below. Concepts should carefully balance passive and active uses that reflect that the park is embedded in a residential neighborhood where it is important to be cognizant of potential noise, lighting and traffic impacts to surrounding residents.
Proposed concepts should be cost conscious and take advantage of existing park improvements, including existing flatwork, lighting, irrigation systems, and grading. For example, proposed concepts should look at connecting existing paved walking paths to a more complete path that circles the entire park. Concepts should also look at repurposing existing spaces and/or combining them with unused spaces of the park into uses that reflect community input and optimize the limited spaces within the park. For
example, an existing baseball field could be repurposed into an open lawn area or a dog park, which would require minimal alterations to the park.
The proposed build-out concepts should also be practical to implement and phaseable, with the initial phase to built within a short time span of 1-2 years. Concept plans should include a suggested tree palette that provides for extensive shaded areas within the park to provide residents with relief from the intense climatic conditions of the Sonoran desert. Plans should also ensure adequate off-street parking for park uses based on ITE and/or APA guidelines.
The selected consultant will collaborate closely with City staff, stakeholders, and residents to develop park concepts that are practical, cost-effective, balanced, and reflective of the community's desires. Of the three park concepts, the City Council will choose the concept that will be implemented.
As part of the proposal, provide a detailed Project Schedule with all major project milestones from the anticipated date of the notice to proceed (October 30, 2026) to final selection by the City Council of a design concept within a 6-8-month timeframe. Include prospective dates of community engagement meetings and other major milestones.
The selected firm will be responsible for executing, but not limited to, the following key tasks:
a. TASK 1) Project Administration & Coordination
• Maintain regular communication with City staff through biweekly meetings to review project progress, design iterations, and key milestones. • Lead and facilitate at least three (3) community engagement meetings, including one joint workshop of the City Council and Community Services Commission and one plan adoption presentation to the City Council.
• Maintain Project Schedule up to date and adjust as necessary. • Prepare meeting agendas, minutes, and action items to track key decisions. • Develop a public outreach plan and materials, including translated versions (Spanish and other languages as needed) to ensure broad accessibility. b. TASK 2) Site Analysis & Existing Conditions Assessment • Conduct a comprehensive site review to evaluate:
1. Existing amenities and infrastructure, including utilities and irrigation systems.
2. Accessibility and ADA compliance.
3. Safety concerns and security needs.
4. Other potential areas for improvement
5. Potential environmental factors, including existing lighting, noise and traffic concerns.
6. Accurate dimension of park and spaces therein.
c. TASK 3) Community Engagement & Visioning
• Facilitate and implement a multi-faceted public engagement process to
gather diverse community input through:
1. Traditional public meetings and workshops at the park and various key locations as agreed upon by City staff
2. Online outreach to solicit input, including through social media platforms.
3. Bilingual engagement strategies to ensure participation from Calexico's diverse community.
4. Outreach efforts will prioritize residents within the Bravo-Rodiles CFD, while also including input from citywide residents.
• Elaborate three (3) design options for public review, with public review occurring at a joint workshop of the City Council and Community Services Commission, and incorporating feedback into the final preferred plan to be presented to the City Council for adoption.
• Summarize public input in a Community Engagement Report that documents key themes, priorities, and responses to concerns as part of the final adoption recommendation report to the City Council
d. TASK 4) Concept Development & Design Approach
• Utilize community feedback and technical feasibility to develop three concept plans that balance public desires with practical implementation. • Ensure designs allow for a phased approach, supporting potential funding strategies and incremental improvements.
• Designs should be practical to implement, cost effective, durable, and easy to maintain.
• Explore potential for enhanced security measures, lighting, and design elements that foster a safe and inviting atmosphere.
• Ensure placement of park elements minimize potential noise and lighting impacts to adjacent residents to the maximum extent feasible. • Provide a parking analysis for each concept that ensures adequate off- street parking for proposed uses based on ITE and/or APA parking guidelines.
• The proposed design should look at the potential to preserve one (1) baseball field and repurpose two baseball fields into other uses, such as a dog park, open lawn area or softball field, that take advantage of existing site grading, irrigation, paved walkways, and other existing infrastructure.
• The community will play a central role in shaping the park's features, ensuring that its design reflects local needs and priorities. Potential recreational and functional elements may include, but are not limited to:
1. Shaded walking paths that provide connectivity around the entire park.
2. Open lawn areas for low-key activities, such as picnicking, yoga, or tai chi.
3. Low-maintenance water feature.
4. Shade structures with picnic tables and seating.
5. A diversity of different sport fields and/or courts that includes basketball in addition to baseball.
6. Modernized play structures, adventure play elements, inclusive playgrounds and fitness amenities.
7. Lighting that is suitable for the spaces served with minimal light intrusion onto adjacent residential properties.
8. Universal accessibility throughout the park, with senior-friendly amenities. e. TASK 5) Phased Design & Cost Estimates
• Each proposed design concept should be able to be phased, with the initial phase buildable within 1-2 years based on existing available funds.
• Each design concept should have an approximate cost to build out completely, with a break down in costs based on key park elements (e.g. cost to convert baseball field to dog park, cost to build a full basketball court, cost to build a shade structure, cost of a linear foot of paved walkway, cost of a linear foot of a d/g walkway, etc.) f. TASK 6) Final Deliverables & Presentation
The selected Consultant will provide the City with a comprehensive package of final deliverables, including:
• Three conceptual park design alternatives with approximate build-out costs. • A Community Engagement Report summarizing public input and responses, to be provided with the final park design adoption recommendation report to the City Council.
• Site assessments, feasibility studies, and any engineering evaluations. • Final selected design with any technical specifications and special provisions for future implementation.
• Digital files of all design and planning documents (PDF, AutoCAD, GIS). • Copies of any formal presentations (i.e. PowerPoint presentations).
V. PROPOSAL INSTRUCTIONS AND FORMAT
a. INTRODUCTION
To be considered responsive to this RFP, proposer must submit proposal in the format identified in this section. All requirements and questions in the RFP must be addressed, and all requested data must be supplied. The City reserves the right to request additional information that, in the City's opinion, is necessary to assure that the proposer's competence, number of qualified employees, business organization, and financial resources are adequate to perform according to contract. b. DELIVERY OF PROPOSALS
a) Five (5) hard copies and one (1) USB drive with the proposal, physically delivered to Calexico's City Hall.
b) The proposal must be received by the City no later than the date and time specified on the cover page. LATE PROPOSALS WILL NOT BE ACCEPTED. c) Proposals shall be labeled as follows:
SEALED BID - DO NOT OPEN BEFORE 3:00 PM ON SEPTEMBER 18, 2026 ATTENTION: CITY CLERK
"RFP NO. 2026-XXX - ADRIAN C. CORDOVA MEMORIAL PARK REDESIGN" BIDDER: Your Company name
c. PREPARATION
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the proposer's demonstrated capability to perform work of this type.
EMPHASIS SHOULD BE ON COMPLETENESS AND CLARITY OF CONTENT. d. PROPOSAL FORMAT
Proposals shall adhere to the following format for organization and content. Proposals must be divided into the individual sections listed below and must be indexed. a) Cover Letter
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter should include a brief summary of proposers' qualifications and proposers' willingness to enter into a contract under the terms and conditions prescribed by the City of Calexico Professional Services Agreement.
Please Note: The letter should be signed by an individual who can bind the proposer contractually.
b) Exceptions
Any and all exceptions to the RFP must be listed on an item-by-item basis and cross-referenced with the RFP document. If there are no exceptions, proposer must expressly state that no exceptions are taken.
e. PROPOSAL CONTENT
a) SECTION I - EXPERIENCE
This section shall contain responses to the minimum proposer qualifications included in Section I!! - Proposer Qualifications of the RFP, a general overview of the proposer's qualifications, and shall include, but not be limited to, the following information:
1) Proposer name, address, telephone number, email address and authorized representative(s).
2) Proposer shall identify the number of years of experience in providing professional services, similar in size and scope to that requested in this RFP. 3) Proposer References: Provide three (3) client references for which the proposer has provided similar services. References shall include date and description of service, project location, completion dates, organization's name, contact person, title, address, email address and telephone number.
b) SECTION II - PERSONNEL
Proposer shall identify the number of working employees who will be assigned to the work-site and identify the names of the project manager and key personnel who shall be assigned to this project if a contract is awarded, including resumes and titles.
c) SECTION III - DETAILED APPROACH AND METHODOLOGY
This section should include a detailed description of the approach and methodology to be used in providing the services outlined in the scope, as well as timeline for implementation and on-going support.
d) SECTION IV - FEE SCHEDULE
Proposer is expected to quote a firm-fixed fee for the services identified in Section IV, Scope of Services. Include a fee schedule for all possible services.
VI. EVALUATION CRITERIA
Criteria Max
Points
Responsiveness and understanding 15
Related Project Experience 20
Qualifications and Experience of Firm and Project Team 15 Project Approach 20
Lump Sum, Unit Price and Hourly Rate 20
Overall Quality and Creativity of Proposal 10
Total = 100
VII. SELECTION PROCESS
All Proposals received as specified will be evaluated by City staff in accordance with the above criteria. During the evaluation period, the City may do any or all of the following:
generate a "short list" and conduct interviews with the top candidates and conduct negotiations with the most qualified candidate(s). Potential interviews of the top candidates will be prospectively held the week of September 28, 2026. Consultants should be aware that an award can be made without consultant visits, interviews, or further discussion or negotiations.
VIlI. NOTIFICATIONS
a. All questions technical, commercial, or contractual in nature shall be directed via email to Michael Coyne, Planning & Building Director, [email protected].
The City reserves the right to reject any and all proposals, to waive the informality in any proposal, and to select the proposal that best meets its needs.
c. All costs incurred in the preparation of the proposal are the responsibility of the submitting firm. All proposals submitted to the City in response to this request for proposals shall become the property of the City and will not be returned
Op
ATTACHMENT "A"
LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively "license, permit, or contract") if they receive political contribution(s) from a party, or its agents), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding. City Officers include City elected or appointed officers, their alternates, and any candidate for elective office.
Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.
As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City and is a public record. If you have any questions about this form, please contact your City representative for assistance.
1. Have you or your organization, or any agent on behalf of you or your organization, or any organization you direct or control made any political contributions of more than $250 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?
YES NO
If yes, please complete the table on the following page. If needed, please continue on additional pages.
Officer Name Payee Name Payment Date Payment Amount
2. Do you or your organization, or any agency on behalf of you or your organization, anticipate or plan to make any political contribution of more than $250 to any City Officer in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract? YES NO
If yes, please identify the City Officers):
Officer Name Payee Name Payment Date | Payment Amount
Answering yes to either of the two questions above does not preclude the City from awarding a license, permit, or contract to your organization or any taking any subsequent action related to the said license, permit, or contract. It does, however, preclude the identified City Officers from participating in any actions related to this license, permit, or contract.
(Date) (Printed Name/Title of Authorized Representative) (Name of business/legal entity) (Signature)
You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered.
LEVINE ACT DISCLOSURE STATEMENT
DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or
modify a license, permit or other entitlement for
use, that does not solely involve purely ministerial
(1) Applied for by the party;
Covered (2) Formally or informally requested by the party; EPPC Reg 18438.2(a) "proceedings"
(3) A contract between the agency and the party or
franchisee granted by the agency to the party
ther than a contract that is competitively bid,
labor contract, or a personal employment
Any person who files an application for, or is the
Party subject ot, a proceeding involving a license, permit, Gov. Code 84308(a)(1) or other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest Gov. Code 84308(a)(2) in the decision. A person actively supports or EPPC Reg 18438.4 Participant opposes a particular decision in a proceeding if that person lobbies in person the officers or employees
of the agency, testifies in person before the agency,
or otherwise acts to influence officers of the
agency.
A person who represents a party or participant for
compensation and appears before or otherwise
communicates with the governmental agency for EPPC Reg 18438.3 Agent the purpose of influencing the pending proceeding.
See FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the
lowest responsible bidder with a responsive bid, or, EPPC Reg Competitively Bid if the successful bidder refuses or fails to execute 18438.2(a) (3)(A) the contract, to the next lowest bidder with a
responsive bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
the salary, benefits, or terms and conditions under EPPC Reg Labor Contract an employment or retirement policy for employees 18438.2(a)(3)(B) or retirees, including a project labor agreement
entered under Public Contract Code Section 2500.
A contract for employment, including the terms and
Personal conditions of employment, between the agency and EPPC Reg Employment an agency employee. A contract with an 18438.2(a)(3)(C)-(D) Contract independent contractor is NOT a personal
employment contract.
ATTACHMENT "B"
PROFESSIONAL SERVICES AGREEMENT SAMPLE
PROFESSIONAL SERVICESAGREEMENT
BY AND BETWEEN
CALEXICO
Wee Callers Coal Tane Teet
THE CITY OF CALEXICO
A CALIFORNIA MUNICIPAL CORPORATION
AND
****NAME***]
***INSERT ENTITY TYPE AND STATE OF
INCORPORATION***]
AGREEMENT # ***INSERT AGREEMENT #***]
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the_ day of _ 2026, by and between the City of Calexico ("City") and ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
Scope of Services. The Consultant shall furnish the following services in a professional manner. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.
Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than October 30, 2027. Time is of the essence for every provision of this agreement that states a time for performance and for every deadline imposed by the City.
ni Compensation. Compensation to be paid to Consultant shall be as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's
expense, provide such reports, plans, studies, documents and other writings to City upon written request.
6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by and during this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
9. Indemnity. Consultant agrees to indemnify, including the cost to defend, the City, and its officers, agents and employees from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this contract. This indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence, willful misconduct or defects in design by the City or its agents, servants, or independent contractors who are directly responsible to the City, or the active negligence of the City.
To the fullest extent permitted by law, the Consultant shall (1) immediately defend and (2) indemnify the City, and its councilmembers, officers, agents, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Consultant's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant's indemnification obligation shall be reduced in proportion to the established comparative liability.
(b) The duty to defend is a separate and distinct obligation from Consultant's duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its councilmembers, officers, agents, and employees, immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Consultant are responsible for the claim does not relieve Consultant from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys' fees and defense costs in proportion to the established comparative liability of the indemnified party. (c) The review, acceptance or approval of the City's work or work product by any indemnified party shall not affect, relieve or reduce the City's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the "Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto as i. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
ili. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
iv. Errors and Omissions Liability. Consultant shall maintain errors and omissions liability insurance for all work performed under this Agreement in an amount of not less than one million dollars ($1,000,000).
Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Calexico, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
V. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall obtain a City of Calexico Business License.
13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Imperial, California.
14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice
shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Calexico, City Manager
608 Heber Ave.
Calexico, CA 92231
If to Consultant:
15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
19. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
***SIGNATURES ON FOLLOWING PAGE***
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF CALEXICO: CONSULTANT:
Benjamin Martinez
City Manager
APPROVED AS TO FORM: ATTEST:
Carlos Campos Veronica L. Alvarado
City Attorney City Clerk
EXHIBIT A
SCOPE OF SERVICES
(proposal dated
DRAFT
• • EXHIBIT B
SCHEDULE OF CHARGES
DRAFTI
EXHIBIT C
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California.
Executed on this day of ., 2026, at
California.
Consultant