Coachella City Council
February 9, 2022

COACHELLA CITY COUNCIL
(760) 398-3502  www.coachella.org
AGENDA

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, AND SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY February 09, 2022
6:00 PM Regular Meeting
Pursuant Assembly Bill 361,
along with the Governor’s State of Emergency Declaration issued on March 4, 2020, this meeting may be conducted via teleconference.

Note: There will be no-in person public access to the meeting location.

If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA February 09, 2022

CALL TO ORDER:

ROLL CALL:

VIRTUAL PUBLIC MEETINGS:

1. Resolution No. 2022-09, a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361) APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” PLEDGE OF ALLEGIANCE:

APPROVAL OF MINUTES:

2. Regular Meeting Minutes of January 26, 2022, of the City Council, Coachella Fire Protection District, Coachella Sanitary District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, and Successor Agency to the Coachella Redevelopment Agency.

3. Special Meeting Minutes of a Coachella City Council Study Session held on January 31, 2022.

PROCLAMATIONS/PRESENTATIONS:

4. Presentation on Coronavirus (COVID-19) Response Efforts

5. Recognizing the Augustine Band of Cahuilla Indians on the Opening of their new Temalpakh Farm Market

6. Pueblo Viejo Transportation Hub Project Update
WRITTEN COMMUNICATIONS:

CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)

7. Voucher Listing — EFT's/FY 2021-22 Expenditures as of February 9, 2022, $1,997,161.52.

8. Approve Ordinance 1192 Amending Chapter 8.44 of the City Municipal Code regarding Solid Waste Collection (Second Reading).

9. Adopt Resolution No. 2022-14 Approving a job title change from Public Works Streets Maintenance Worker- Trainee I/II to Graffiti Maintenance Worker and approving a salary scale at Grade 5.

10. Adopt Resolution No. 2022-15 Approving the Funding of a Code Enforcement Officer

Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA February 09, 2022

11. Approve Resolution No. 2022-17 Approving the Creation and Funding for a Full-Time Senior Center Operator Position

12. Adopt Resolution No. 2022-18 Authorizing the City of Coachella to Enter Into a Memorandum of Understanding with the State of California Department of Justice Office of the Attorney General, Tobacco Grant Program

13. Approve vehicle leases for FY 2021/22 with Enterprise Fleet Management Inc.  Approve vehicle surplus listing and replacement for 2021/2022.  Authorize the City Manager to approve the Lease Rate Quotes for: eight (8) Ford F-150 units, one (1) Ford Escape and two (2) Ford Explorers from Enterprise Fleet Management, Inc.  Authorize FY 21/22 appropriation of $76,643.28 for lease payments of 11 (eleven) new units.

14. Approve appropriation of $45,000 for 2022 Coachella Mariachi Festival and authorize operation of a beer garden on Saturday, April 2, 2022, from 5pm-9pm at Veterans Memorial Park.

15. Award maintenance services agreement to Vintage Associates, Inc. for Landscape Maintenance Services for Grapefruit Blvd Medians and Parkway Project No. 121421 and authorize appropriation for FY 21/22 of $29,400.00.

16. Resolution 2022-19 Approving The Creation and Funding for a Full-Time Assistant Engineer (Utilities) Position and Eliminating The Position Approved by Resolution No. 2021-51 NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

17. Approve Professional Services Agreement between City of Coachella and the Greater Coachella Valley Chamber of Commerce for fiscal year 2021-2022.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

None.

PUBLIC COMMENTS (NON-AGENDA ITEMS):

The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA February 09, 2022

ADJOURNMENT:

Complete Agenda Packets are available for public inspection on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
Best Best & Krieger, LLP, City Attorney
SUBJECT: Resolution No. 2022-09, a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361)
STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2022-09 to continue fully or partially virtual public meetings.

BACKGROUND:

The Brown Act generally allows for teleconference or virtual meetings, provided that the physical locations of the council members joining by teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the council members is located within the City. Newly enacted AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

In March of 2020, Governor Newsom issued Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, enabling fully virtual meetings without having to post the location of the council members attending virtually. Many cities and other public agencies have been holding public meeting using virtual platforms since this time. In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021.

On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect. The Governor then suspended AB 361 until October 2, allowing a transition period from the prior Executive Order.

Under AB 361, cities can hold meetings without a public meeting space and without providing notice of the council members’ teleconference locations if there is a Governor-proclaimed state of emergency and either state or local officials are imposing or recommending measures to promote social distancing or the City Council determines that meeting in person will be unsafe for attendees.

If the virtual meeting is due to social distancing recommendations, the City Council does not have

Item 1.
to make any findings at its first meeting under AB 361. However, to continue meeting virtually, the City Council must find that state or local officials still at least recommend measure to promote social distancing. The findings must be made within 30 days of the first meeting and every thirty days thereafter.

DISCUSSION/ANALYSIS:

On March 4th, 2020, the Governor proclaimed a state of emergency due to the COVID-19 pandemic. The state of emergency remains in effect as of the publication of this report.

Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.

Under AB 361, the “local agency” – which the Brown Act defines as the City, not the City Council - may utilize virtual meetings if the “legislative body” makes the required findings. As defined in the Brown Act, a “legislative body” includes both the City Council and all committees and commissions. Because the City Council is the most appropriate board to make findings and policy decisions on behalf of the City, the proposed resolution contains a two-pronged approached: It provides that all commissions and committees shall be authorized to utilize virtual meeting procedures for 30 days, and authorizes each individual commission or committee to make findings in support of virtual meetings if the City Council has not renewed or terminated the resolution.

Thus, the proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council’s jurisdiction to require in-person meetings as warranted.

AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual public comments, together with reduced capacity in the Chambers as conditions warrant. For any hybrid meetings, AB 361 requires that members of the public be able to make live public comments directly to the Council or other board using telephonic or electronic means and that the agenda identify the means for making public comments.

As noted above, by adopting the proposed Resolution, the City Council is not prohibited from returning to fully in-person meetings. The Resolution is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act’s standard teleconferencing requirements. At future City Council meetings, a consent calendar item will be placed on each agenda to reconsider

Item 1.
and potentially renew the Resolution.

FISCAL IMPACT:

None.

ATTACHMENT:

Resolution No. 2022-09

Item 1.
81211.00100\34422055.2
RESOLUTION NO. 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS UNDER AB 361 FOR CONTINUED VIRTUAL

MEETINGS
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to provide public access at each location in which members of the legislative body are teleconferencing; and
WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet fully virtually during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the City Council finds that the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act; and
WHEREAS, the City Council has reconsidered the circumstances of the state of emergency and finds that state or local officials continue to recommend measures to promote social distancing; and
WHEREAS, the City Council desires that the City of Coachella, including all commissions, committees, and other Brown Act bodies shall continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES HEREBY RESOLVE AND FIND AS FOLLOWS:

Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. The City Council and all other commissions, committees or other Brown Act bodies of the City shall be authorized to continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3).

Section 3. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.

Section 4. The City Council shall take action to renew this Resolution every thirty days for as long as any state or local officials continue to recommend any measures to promote social

Item 1.
81211.00100\34422055.2
Resolution No. 2022-09

distancing, but the City Council may terminate the Resolution at any time. In the event that more than 30 days pass between regular City Council meetings, the City Council shall take action to renew this Resolution prior to taking any action or engaging in any deliberation or discussion in a virtual meeting; renewal of this Resolution may occur either at the beginning of the next regular meeting or at a special meeting called for such purposes. In the event this Resolution has lapsed, and the City Council has not terminated it, any commission, committee or other Brown Act board of the City shall be authorized to, and shall, make any required findings in order to meet virtually under AB 361.

Section 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that the City Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 9
th day of February 2022.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 1.
81211.00100\34422055.2
Resolution No. 2022-09

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-09 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 9 th day of
February 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Item 1.

COACHELLA CITY COUNCIL
(760) 398-3502  www.coachella.org

MINUTES

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, AND SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY January 26, 2022
6:00 PM Regular Meeting
CALL TO ORDER:

The Regular Meeting of the City Council of the City of Coachella was called to order at 6:01 p.m. by Mayor Hernandez.

ROLL CALL:

Present: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

City Treasurer Aviles, and City Clerk Zepeda

Absent: Councilmember Beaman Jacinto.

With congratulations, it was announced that Councilmember Beaman Jacinto recently had a baby and is now out on maternity leave.

Pursuant to Assembly Bill 361, along with the Governor’s State of Emergency Declaration issued on March 4, 2020, this meeting was conducted via teleconference/electronically with no in-person access.

VIRTUAL PUBLIC MEETINGS:

1. Resolution No. 2022-04, a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361) Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 4-0, by a unanimous voice vote.

Item 2.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 26, 2022

APPROVAL OF AGENDA:

City Manager Martin asked Council to remove Item #7, due to the current COVID-19 outbreak/mask mandates, and will bring back that item at a later date.

Motion: To approve the agenda as amended
Made by: Mayor Pro Tem Gonzalez
Seconded by: Councilmember Galarza
Approved: 4-0, by a unanimous voice vote.

PLEDGE OF ALLEGIANCE:

City Manager Martin led the Pledge of Allegiance.

APPROVAL OF MINUTES:

2. Regular Meeting Minutes of December 8, 2021, of the City Council, Coachella Fire Protection District, Coachella Sanitary District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, and Successor Agency to the Coachella Redevelopment Agency.

3. Special Meeting Minutes of a Coachella City Council Study Session held on December 13, 2021.

Motion: To approve the minutes as presented.

Made by: Mayor Pro Tem Gonzalez
Seconded by: Mayor Hernandez
Approved: 4-0, by a unanimous voice vote.

PROCLAMATIONS/PRESENTATIONS:

4. Presentation on Coronavirus (COVID-19) Response Efforts

5. Recognizing former Coachella Assistant Chief of Police, Lieutenant Andres "Andy" Martinez

6. Congratulating Lee Espinoza for his Induction into the West Coast Boxing Hall of Fame (recipient was not present, item continued)

7. Removed during Approval of the Agenda (see page 2).

The following presentation was taken out of order.

9. Presentation by Coachella Valley Public Cemetery District Council resumed with the agenda at this point.

8. Landscape and Lighting Maintenance Districts (LLMD) Update

Item 2.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 26, 2022

(Item 9 was taken out of order, see page 2)

10. Villa Verde Apartments Project Update Presentation

11. The Living Desert Signs of Nature Project
WRITTEN COMMUNICATIONS:

None.

Public Comments were moved up to this portion of the meeting being after the 8:00 hour:

1. Arturo Aviles
(After Public Comments, the City Council returned to the regular agenda at this point.) CONSENT CALENDAR:

12. Voucher Listing — EFT's/Utility Billing Refunds/FY 2021-22 Expenditures as of January 26, 2022, $4,969,620.39.

13. Ordinance No. 1191 updating the City’s Purchasing & Procurement Ordinance (Second Reading) and Resolution No. 2022-03 setting purchasing and competitive procurement thresholds

14. Resolution No. 2022-02, Implementation of a Fiscal Reserve Policy

15. Resolution No. 2022-06, Initiating the Formation of Landscaping and Lighting Maintenance District No.39 (Sevilla–Tract 38084) (“LLMD 39”); and Resolution No. 2022-07, Declaring Intention to Form, Levy and Collect Assessments Commencing in Fiscal Year 2022/2023, preliminary approval of Engineer’s Report and Setting Time and Place for Public Hearing to Conduct Property Owner Protest Ballot Proceedings

16. Resolution No. 2022-08 Authorizing the City of Coachella to be a Co-Applicant in the Grant Application Desert Recreation District will submit under the Regional Park Program to the California Department of Parks and Recreation Office of Grants and Local Services

17. Resolution No. 2022-12, Conditional Loan Commitment for CFD 2005-1 Special Assessments for the Coachella Village Apartments Housing Development
Public Comment: David Schuman, applicant, via Zoom

18. Resolution No. 2022-13 Authorizing the City Manager to Submit an Application to CalRecycle to Assist with the Implementation of Regulation Requirements Associated with SB 1383

19. Resolution No. WA-2022-02, a Resolution of the Board of Directors of the Coachella Water Authority Authorizing the Grant Application, Acceptance, and Execution for the Groundwater Well Project

Item 2.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 26, 2022

20. Approve professional services agreement between City of Coachella and the Greater Coachella Valley Chamber of Commerce for fiscal year 2021-2022.

Public Comment: Emily Falappino, via Zoom
Item continued to next meeting.

21. Investment Report – October 2021

22. Amendment to Committee Member assignment to the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC) to Appoint City Engineer Andrew Simmons.

23. Authorize Facility Use Permit fee waiver for Coachella Valley Community Tax Services.

24. Authorize the City Manager to execute Professional Services Agreements with RG Planning Consultants and Terra Nova Planning & Research for Professional Planning Consultant Services.

25. Quarterly Reports - Second Quarter FY 2021-2022
Motion: To approve per staff recommendation, Consent Calendar Items 12 through 25, with the exception of Item 20, which is continued to the next meeting.

Made by: Mayor Hernandez
Seconded by: Councilmember Delgado
Approved: 4-0, by the following roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: Councilmember Beaman Jacinto.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

26. Introduce by first reading Ordinance No. 1192 Amending Chapter 8.44 of the City Municipal Code regarding Solid Waste Collection.

Motion: To read title only and pass to second reading.

Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 4-0, by the following roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: Councilmember Beaman Jacinto.

Item 2.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 26, 2022

27. Adopt Resolution No. 2022-01 receiving and filing the City of Coachella Development Impact Fees Annual Report 2021 pursuant to Government Code Sections 66000-66008.

Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 4-0, by the following roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: Councilmember Beaman Jacinto.

28. Adopt Resolution Nos. WA-2022-01 and 2022-05 approving the form and authorizing the execution of an official statement and other agreements for the issuance of water revenue refunding bonds and approving additional actions related thereto
Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 4-0, by the following roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: Councilmember Beaman Jacinto.

Mayor Hernandez recused himself from the following item and stepped away at 9:31 p.m.

29. Construction Contract with Desert Concepts Construction Inc. in the amount of $3,083,148.50 and 10% for contingency for the construction of the Pueblo Viejo Sustainable Transportation Project, City Project ST130.

Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 3-0, by the following roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, and Mayor Pro Tem Gonzalez.

NOES: None.

ABSTAIN: None.

ABSENT: Councilmember Beaman Jacinto and Mayor Hernandez.

Item 2.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 26, 2022

Mayor Hernandez returned to the meeting at 9:54 p.m.

30. Approve Lease Agreement with Coachella General for the City owned former Chamber of Commerce Building located at 1258 Sixth Street in the Downtown Pueblo Viejo District Public Comment: Teddy Lee, applicant, via Zoom
Steve Garcia, applicant, via Zoom
Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 4-0, by the following roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, a Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: Councilmember Beaman Jacinto.

31. Authorize City Manager to execute a letter agreement with Zambelli Fireworks for a special event pyrotechnic program for the City’s 2022 Fourth of July program, in the amount not to exceed $43,000.

Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 4-0, by the following roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: Councilmember Beaman Jacinto.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

32. Resolution Nos. 2022-10 and 2022-11, Fountainhead Plaza:

Tentative Parcel Map 37940 (Revision), CUP 321 (modification), and AR 20-03 (modification) to develop

3.1 acres of an 8.25 acre property for a 2,028 sq. ft. standalone Starbucks drive thru building at the northeast corner of Cesar Chavez Street and First Street (APN# 778-020-007 and 778-010-017). Applicant:

Coachella Retail Realty Associates, LP.

Public Comment: Francis Chu, applicant, via Zoom
Continued on next page.

Item 2.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 26, 2022

(Item 32, Resolution Nos. 2022-10 and 2022-11, continued from previous page.) Mayor Hernandez opened the Public Hearing for Item 32 at 10:57 p.m.

Public Comment: None.

Mayor Hernandez closed the Public Hearing for Item 32 at 10:58 p.m.

Motion: To approve per staff recommendation
Made by: Mayor Pro Tem Gonzalez
Seconded by: Mayor Hernandez
Approved: 4-0, by the following roll call vote:

AYES: Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez, and Mayor Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: Councilmember Beaman Jacinto.

SUCCESSOR AGENCY:

33. Resolution No. SA-2022-01, Approving the Recognized Obligation Payment Schedule (ROPS) 22-23 for the Successor Agency to the former Coachella Redevelopment Agency.

Motion: To approve per staff recommendation
Made by: Chair Hernandez
Seconded by: Vice Chair Gonzalez
Approved: 4-0, by the following roll call vote:

AYES: Agency Member Delgado, Agency Member Galarza, Chair Gonzalez, and Chair Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: Agency Member Beaman Jacinto.

PUBLIC COMMENTS (NON-AGENDA ITEMS):

With the time being after the 8:00 hour and per Resolution No. 2019-34, Public Comments were moved up (see page 3). There were no further comments at this time.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

Item 2.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA January 26, 2022

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 11:04 p.m.

Respectfully submitted,
___________________________
Angela M. Zepeda
City Clerk

Item 2.

COACHELLA CITY COUNCIL
(760) 398-3502  www.coachella.org

MINUTES

OF A SPECIAL MEETING

COACHELLA CITY COUNCIL

STUDY SESSION
January 31, 2022
6:00 PM
CALL TO ORDER:

The Study Session of the City Council of the City of Coachella began at 6:04 p.m.

ATTENDANCE:

Present: Councilmember Beaman Jacinto, Councilmember Delgado, Mayor Pro Tem Gonzalez, and Mayor Hernandez

Absent: Councilmember Galarza; and
City Treasurer Aviles, and City Clerk Angela Zepeda.

Pursuant to Assembly Bill 361, along with the Governor’s State of Emergency Declaration issued on March 4, 2020, this meeting was conducted both in-person and via teleconference/electronically.

STUDY SESSION ITEMS:

1. Coachella Cannabis Program:
a. Taxation
b. Entitlement/CUP Process
c. Social Equity Program
d. Round 3 Retail Business Process
[Note: Study Sessions are special meetings of the City Council that are conducted informally. No action is contemplated other than familiarization of the Council on specific topics and potential referral to a future agenda.]

Item 3.

Agenda Study Session
Page2
ADJOURNMENT:

There being no further business, the meeting concluded at 7:22 p.m.

Respectfully submitted,
Deputy City Clerk
January 31, 2022

Item 3.

WHEREAS, the Augustine Band of Cahuilla Indians created Temalpakh Farm to grow healthy, organic food for its neighboring communities; and
WHEREAS, former Tribal Chairperson Mary Ann Martin began the project nearly a decade ago and Martin’s daughter, current Tribal Chairperson Amanda Vance, will see her mother’s dream come to fruition; and
WHEREAS, opening the market at Temalpakh Farm — meaning “from the earth” in Cahuilla — was a long-anticipated project to complement the roughly 50-acre organic farm at the Coachella reservation; and
WHEREAS, the Augustine Band of Cahuilla Indians held their Temalpakh Farm Market’s Grand Opening on January 18, 2022; and
WHEREAS, visitors to the market may purchase the produce procured from the farm as well as try the fresh-picked ingredients contained in made-to-order drinks from the smoothie bar; and WHEREAS, a classroom to learn about the culture and history of the tribe and organic farming will soon be available to local educational outlets; and WHEREAS, Temalpakh Farm Market is the latest addition to the reservation, which includes Augustine Casino, the Augustine Gaming Commission and a three-megawatt solar field run by the Augustine tribal entity.

NOW THEREFORE, I, Steven A. Hernandez, Mayor of the City of Coachella, by the power vested in me, do hereby congratulate the Augustine Band of Cahuilla Indians on the grand opening of their Temalpakh Farm Market
and urge all citizens of the City of Coachella to recognize and support this new market in our community.

IN WITNESS HEREOF, I have hereunto set my hand
and caused the official seal of the City of Coachella,
California to be affixed this 9
th day of February 2022.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California

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STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve Ordinance 1192 Amending Chapter 8.44 of the City Municipal Code regarding Solid Waste Collection (second reading).

STAFF RECOMMENDATION:

Approve Ordinance 1192 Amending Chapter 8.44 of the City Municipal Code regarding Solid Waste Collection (second reading).

BACKGROUND:

AB 939, known as the Integrated Waste Management Act of 1989, was passed because of an increase in the waste stream and the decrease in landfill capacity. As a result, the California Integrated Waste Management Board (CIWMB), now known as Department of Resources Recycling and Recovery (CalRecycle), was established and an integrated framework for program implementation, solid waste planning and solid waste facility and landfill compliance created. AB 939 mandated local jurisdictions to meet solid waste diversion goals of 25% by 1995 and 50% by 2000. Diversion goals and program requirements are implemented through a disposal-based reporting system by local jurisdictions under CalRecycle regulatory oversight.

Since 1989, AB 341(2011) and AB 1826(2014) were approved additions to the regulations established within AB 939. Assembly Bill 341 (AB 341) of 2011, also called the "Mandatory Commercial Recycling Regulation," requires businesses and multi-family residential dwellings of five units or more, that generate four or more cubic yards of commercial solid waste per week to implement recycling programs, on or after July 1, 2012. AB 1826, the mandatory Commercial Organic Waste Recycling Law, became effective on January 1, 2016; requiring businesses and multi-family complexes (with 5 or more units) that generate specified amounts of organic waste (compost) to arrange for organics collection services.

DISCUSSION/ANALYSIS:

Most recently, SB 1383 (Short Lived Climate Pollutants Regulation) was passed that further enhances AB 939 and mandates organics waste disposal/recovery by cities, residential households, commercial businesses, commercial edible food generators, haulers and food recovery organizations. SB 1383 was passed in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets set by SB 1383 include: 1) statewide reduction of organic waste

Item 8.
disposal of 75% by 2025 and 2) statewide food rescue efforts that will rescue at least 20% of currently disposed surplus food by 2025.

SB 1383 applies to local agencies and in order to comply with regulations established by SB 1383 staff is recommending adoption of the attached Ordinance 1192 that will amend the City’s Municipal Code Chapter 8.44 Solid Waste. Currently, the chapter has Sections 8.44.010 –

8.44.130. Adoption of the proposed ordinance will amend the current chapter by adding Sections

8.44.140-8.44-240 (listed below):
- 8.44.140 Requirements for Single-Family Generators.
- 8.44.150 Requirements for Commercial Businesses.
- 8.44.160 Waivers for Generators.
- 8.44.170 Requirements for Commercial Edible Food Generators. - 8.44.180 Requirements for Food Recovery Organizations and Services. - 8.44.190 Requirements for Haulers, Facility Operators, and Community Composting Operations.
- 8.44.200 Self-hauler Requirements.
- 8.44.210 Compliance with CALGreen Recycling Requirements. - 8.44.220 Model Water Efficient Landscaping Ordinance Requirements. - 8.44.230 Inspections and Investigations by the City.
- 8.44.240 Enforcement.

The above additions to Chapter 8.44 will address the SB 1383 requirements placed on cities and in summary will require the following:

1. Organics collection services to all residents, multi-family and businesses. a. Staff is working in partnership with Burrtec to roll these programs out by Fall 2022.

2. Establishment of Food Recovery Program
a. The State has divided Commercial Food Generators into two tiers. Those generators that fall into Tier 1 must comply beginning January 1, 2022 and these large generators have already implemented food recovery programs. Staff is working with the County Public Health Department on the collection and reporting of this data, which will be included within the City’s Annual Report to CalRecycle. Tier 2 generators must comply by January 1, 2024 and staff will continue to work on outreach and education to these generators in partnership with Burrtec.

3. Establishment of Self- Hauler Requirements
a. All self-haul must register with the city and be able to provide receipts/weight tickets of its source separated waste.

4. Monitoring, reporting and enforcement of all of the above programs. a. Monitoring and reporting will be conducted in collaboration with Burrtec who will perform waste audits; if needed the ordinance will give the City the authority to enforce the SB 1383 regulations.

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In addition to the above requirements, SB 1383 also requires local agencies to provide:

5. Education and Outreach
a. Staff will work continue to with Burrtec to develop and distribute information on organics waste recycling and edible food recovery programs.

6. Procurement
a. Staff will be bringing back a separate resolution that will amend the City’s purchasing policy to address the SB 1383 purchasing requirements.

FISCAL IMPACT:

None.

Attachment:

Ordinance 1192

Item 8.

ORDINANCE NO. 1192

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, AMENDING CHAPTER 8.44 TO TITLE 8

OF THE COACHELLA MUNICIPAL CODE REGARDING SOLID WASTE

COLLECTION
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, Assembly Bill 341 of 2011 requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires the City to implement a Mandatory Commercial Recycling program; and WHEREAS, Assembly Bill 1826 of 2014 , requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recyclables, and Organic Waste per week to arrange for recycling services for that waste, requires the City to implement a recycling program to divert Organic Waste from businesses, and requires the City to implement a Mandatory Commercial Organics Recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations implementing SB 1383 (“SB 1383 Regulations”) place requirements on multiple entities including the City, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, SB 1383 requires the City to adopt and enforce an ordinance to implement relevant provisions of SB 1383 Regulations by January 1, 2022. This ordinance will help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and
WHEREAS, the City Council desires to amend its Garbage Collection and Disposal Ordinance to comply with the SB 1383 Regulations.

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Coachella as follows:

Section 1. Chapter 8.44 to Title 8 of the Coachella Municipal Code is hereby amended in its entirety as set forth in Exhibit A and incorporated by this reference.

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Ordinance No. 1192

Section 2. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project).

Section 3. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any Person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, or the application thereof to any Person or circumstance, be held invalid.

Section 4. No less than five (5) days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933.

The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Coachella, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published and circulated in the City in accordance with Government Code section 36933.

Section 5. This ordinance shall take effect 30 days after adoption.

PASSED, APPROVED and ADOPTED this 9
th day of February 2022.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 8.

Ordinance No. 1192

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Ordinance No. 1192 was duly and regularly introduced at a meeting of the City Council on the 26th day of January 2022, and that thereafter the said ordinance was duly passed and adopted at a regular meeting of the City Council on the 9th day of February 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

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Ordinance No. 1192

EXHIBIT A
CHAPTER 8.44- SOLID WASTE COLLECTION

8.44.010 - Definitions.

8.44.020 - Collection by City or agent only.

8.44.030 - Rates and charges to be established by resolution or ordinance.

8.44.035 - Collection of charges.

8.44.040 - Charges declared lien.

8.44.050 - Surety bond required.

8.44.060 - Containers—Residential.

8.44.070 – Same – Commercial.

8.44.080 - Storage areas.

8.44.090 - Deposit of Solid Waste in streets or permitting Solid Waste to accumulate— Unlawful.

8.44.100 - Duty of Persons served to keep clean and sanitary.

8.44.110 - Disturbing Solid Waste placed for Collection.

8.44.120 - Creating vermin harborage.

8.44.130 - Feeding to poultry.

8.44.140 - Requirements for Single-Family Generators.

8.44.150 - Requirements for Commercial Businesses.

8.44.160 - Waivers for Generators.

8.44.170 - Requirements for Commercial Edible Food Generators.

8.44.180 - Requirements for Food Recovery Organizations and Services.

8.44.190 – Requirements for Haulers, Facility Operators, and Community Composting Operations.

8.44.200 - Self-hauler Requirements.

8.44.210 - Compliance with CALGreen Recycling Requirements.

8.44.220 - Model Water Efficient Landscaping Ordinance Requirements.

8.44.230 - Inspections and Investigations by the City.

8.44.240 - Enforcement.

SECTION 8.44.010 - Definitions.

A. “CalRecycle” means the CaliforniaDepartment of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.

B. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

C. “City” means the City of Coachella.

D. “City Council” means the City Council of the City of Coachella.

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Ordinance No. 1192

E. “Collect” or “Collection” means the act of collecting Solid Waste, including Recyclable Materials and Organic Waste, at or near the place of generation by a Collector and the physical possession, transport, and removal of such materials.

F. “Collector” or “Hauler” means any Person or other entity with whom the City has a contract or agreement for the Collection, removal, transportation, disposal, recycling, or Organic Materials processing of Solid Waste, Recyclable Materials, and/or Organic Waste generated within all or as part of the jurisdictional boundaries of the City.

G. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.

H. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.

I. “Compliance Review” means a review of records by the City to determine compliance with this Chapter.

J. “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

K. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

L. “Construction and demolition debris,” “C&D,” and “construction waste” means Solid Waste directly related to construction or demolition activities.

M. “Container” means a cart, bin, debris box, detachable packer receptacles, roll-off boxes, or other receptacle intended for the collection of Trash, Recyclable Materials, or Organic Waste.

N. “Container Contamination” or “Contaminated Container” means a Container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

O. “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR

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Ordinance No. 1192

Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.

P. “Dwelling” means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “Dwelling” does not include hospitals, hotels, motels, nursing homes, or convalescent centers.

Q. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

R. “Enforcement Action” means an action by the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

S. “Enforcement Official” means the City Manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this Chapter.

T. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe Collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

U. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

V. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

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Ordinance No. 1192

W. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

X. “Food Recovery Organization” means an entity that engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

Y. “Food Recovery Service” means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).

Z. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

AA. “Generator” means a Person or entity that is responsible for the initial creation of Solid Waste.

BB. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

CC. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s Collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

DD. “High Diversion Organic Waste Processing Facility” has the same meaning as defined in 14 CCR Section 18982(a)(33).

EE. “Inspection” means a site visit where the City reviews records, Containers, and an entity’s Collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

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Ordinance No. 1192

FF. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply.

GG. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply.

HH. “Local Education Agency” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

II. “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. MultiFamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

JJ. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

KK. “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

LL. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

MM. “Notice of Violation (NOV)” means a notice that a violation of this Chapter has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

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Ordinance No. 1192

NN. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

OO. “Organic Waste Generator” means a Person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

PP. “Organics Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and Collection of Source Separated Organic Waste.

QQ. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

RR. “Person” means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.

SS. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

TT. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Recycling Container that are not identified as acceptable Source Separated Recyclable Materials for the Recycling Container; (ii) discarded materials placed in the Organics Container that are not identified as acceptable Source Separated Organic Waste for the Organics Container; (iii) discarded materials placed in the Trash Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Wastes to be placed in the Organics Container and/or Recycling Container; and, (iv) Excluded Waste placed in any Container.

UU. “Recycling Container” shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.

VV. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

WW. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

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XX. “Recyclable Materials” or “Recyclables” means material that can be separated from waste for the purpose of reusing or returning these materials in the form of raw materials for new, used or reconstituted products that meet the quality standard necessary to be used in the marketplace, or for composting, such as, but not limited to, paper, cardboard, glass, metal and aluminum cans, and plastics.

YY. “Recycle” or “Recycling” means the process of salvaging, transporting, sorting, marketing, reusing, reprocessing or remanufacturing Recyclable Materials.

ZZ. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

AAA. “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Recycling Containers, Organics Containers, and Trash Containers for purposes of identifying the quantity of materials in Containers (level of fill) and/or presence of Prohibited Container Contaminants.

BBB. “Residential” means any residential dwelling.

CCC. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

DDD. “Route Review” means a visual Inspection of Containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

EEE. “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), which established methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

FFF. “SB 1383 Regulations” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

GGG. “Self-Hauler” means a Person, who, in compliance with all applicable requirements of the Coachella Municipal Code, hauls Solid Waste, Organic Waste or Recyclable Materials he or she has generated directly to the appropriate facility, as required by this Chapter.

HHH. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.

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Ordinance No. 1192

III. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191.

JJJ. “Source Separated” means materials, including commingled Recyclable Materials or Organic Waste, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from the Trash Container for the purposes of Collection and processing.

KKK. “Source Separated Recyclables” means means Source Separated Recyclable Materials that can be placed in a Blue Container.

LLL. “Source Separated Organic Waste” means Source Separated Organic Waste that can be placed in an Organics Container .

MMM.“State” means the State of California.

NNN. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

OOO. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

PPP. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

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Ordinance No. 1192

2. Hotel with an on-site Food Facility and 200 or more rooms.

3. Health facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility.

QQQ. “Trash Container” shall be used for the purpose of storage and collection of Solid Waste, excluding Recyclable Materials and Organic Waste.

RRR. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

SECTION 8.44.020 - Collection by City or agent only.

The City and its duly authorized agents, servants, and employees, or any Collector with whom the City may at any time enter into an exclusive franchise agreement therefor, and the agents, servants, and employees of such Collector, while any such agreement shall be in force, shall have the exclusive right to gather, collect, and remove Solid Waste from any premises which may be the subject of such exclusive agreement. No Person other than those specified shall:

A. Gather, collect, or remove any Trash, Recyclable Materials, or Organic Waste;
B. Convey or transport any Trash, Recyclable Materials, or Organic Waste in, along, or over any public street, alley, or highway;
C. Take any Trash, Recyclable Materials, or Organic Waste from any Container in which the same may be placed for Collection or removal; D. Interfere with or disturb any such Container, or remove any such Container from any location where the Container is set out for Collection.

A. SECTION 8.44.030 - Rates and charges to be established by resolution or ordinance.

The rates to be charged for Collection of Trash, Recyclables, and Organic Waste shall be established by resolution or ordinance of the City Council. Owners, occupants, or persons, firms, or entities residing in or using residences, dwellings, apartments, hotels, motels, trailer parks, businesses, or commercial or industrial establishments shall pay for Collection services at the rate and in the manner set by resolution or ordinance from time to time adopted by the City Council. In the event the City Council wishes to collect charges pursuant to section 8.44.035(B), it shall prepare an annual written report, provide notice and a public

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hearing of such charges, and comply with all applicable procedures as required by Health and Safety Code section 5470 et seq. and other law.

SECTION 8.44.035 - Collection of charges.

The City may collect charges for the Collection of Trash, Recyclables, and Organic Waste by either of the following:

A. The City or its agent may bill and collect such charges directly from the occupant or owner of the premises receiving Collection service.

B. The City may collect such charges on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separate from, the City's general taxes. In the event the City wishes to collect charges pursuant to this subsection, it shall prepare an annual written report, provide notice and a public hearing of such charges and comply with all applicable procedures as required by Health and Safety Code section 5470 et seq. and other law.

SECTION 8.44.040 - Charges declared lien.

The service of Collection of Trash, Recyclables, and Organic Waste shall be presumed to be for the benefit of the premises from which it is removed, and the occupant of the premises shall be presumed to be the agent of the owner thereof and acting for and on the behalf of the owner in receiving such service, and the charges for such service, if unpaid, shall become a lien on the premises served. Every Person receiving Trash, Recyclables, and Organic Waste Collection under this chapter shall be personally liable to the City or to the contractor for payment of the rates established pursuant to this chapter, any resolution or ordinance setting rates, or any agreement for Collection adopted pursuant to this chapter.

Delinquent charges for services rendered to the premises under this chapter may be collected, at the option of the City Council or the contractor, by a personal action against the occupant receiving such service, or by an action for foreclosure of the lien on the premises served.

SECTION 8.44.050 - Surety bond required.

The Collector who contracts with the City for the removal and disposal of Trash, Recyclables, and Organic Waste shall be required to furnish a surety bond to the City in a sum required by the City Council, conditioned upon the faithful performance of the contract and compliance with the provisions of this chapter.

SECTION 8.44.060 - Containers—Residential.

Residential customers shall use watertight Containers for holding Trash, Recyclables, and Organic Waste , constructed of plastic, metal, or other substantial material of sufficient strength to resist breaking under ordinary conditions of use. Such standard Containers shall have a close-fitting cover to prevent insects, including flies, rodents and other animals from coming into contact with their contents. No Container shall have irregular surfaces or be in a condition which is likely to cause injury to persons moving or lifting them. Such standard Containers shall also be provided with a handle or handles on the outside thereof and shall not exceed the limit established by the Collector for the Container. Residential customers shall place standard Containers at the curb or property line along the street in front of each residential unit, except where a suitable alley, as determined by the administrator of any Collection agreement, exists at the rear of the property. Clear access to standard Containers shall be provided to enable Collection.

SECTION 8.44.070 - Same—Commercial.

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A Commercial Container shall be of welded steel construction suitable for the storage of Solid Waste. Commercial Containers shall be equipped with slots or other devices capable of being engaged by the arms of a front-loading refuse truck designed for that purpose provided by the City's Collection Collector. Business establishments, including any Commercial, industrial, or nonresidential unit in a trailer park, in a hotel or motel, or any building in which a combination of Residential and commercial and/or industrial uses exists, shall use Commercial Containers. Commercial Containers may also include detachable packer receptacles and roll-off boxes. Commercial Generators shall ensure clear access to Commercial Containers for Collection .

SECTION 8.44.080 - Storage areas.

It is unlawful for any Person to keep, accumulate, or permit to be kept or accumulated any Solid Waste in or upon any public or private place unless the same shall be in a Residential or Commercial Container as defined in this chapter.

SECTION 8.44.90 - Deposit of Solid Waste in streets or permitting Solid Waste to accumulate—Unlawful.

It is unlawful for any Person in the City to throw or deposit any Solid Waste, or to cause the same to be thrown or deposited upon any street, alley, gutter, curb, park, or other public place, or to throw or deposit the same in or upon any vacant lot or backyard, or to store or keep the same other than as set forth in this chapter or any agreement enacted pursuant to this chapter.

SECTION 8.44.100 - Duty of Persons served to keep clean and sanitary.

It shall be the duty of every Person served to keep all Containers used in the service of such Person in a clean and sanitary condition.

SECTION 8.44.110 - Disturbing Solid Waste placed for Collection.

It is unlawful for any Person to dig into, scatter or displace or disturb Solid Waste which has been put out for Collection.

SECTION 8.44.120 - Creating vermin harborage.

It is unlawful to store, deposit, or keep Solid Waste where rats or other vermin can have access thereto or feed thereon.

SECTION 8.44.130 - Feeding to poultry.

Provided that all public health laws and regulations and all City ordinances and any agreements adopted pursuant to this chapter are complied with, food waste may be fed to poultry on the premises where such food waste is produced.

SECTION 8.44.140 Requirements for Single-Family Generators.

Single-Family Organic Waste Generators, except Single-Family Generators that meet all applicable Self-Hauler requirements in this Chapter and the Coachella Municipal Code:

A. Shall subscribe to the three-Container Organic Waste Collection services. The City shall have the right to review the number, size, and location of a Generator’s Containers to evaluate adequacy of capacity provided for each type of Collection service for proper separation of materials and containment of materials; and, Generator shall adjust its service level for its Collection services as requested by the City.

B. Shall participate in the three-Container system for Source Separated Recyclable Materials, Source Separated organic Organic Waste, and Trash Collection services.

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Generator participation in the Collection programs requires that Generators place only approved materials in the appropriate colored Containers. Generators shall not place materials designated for the Trash Container into the Organics Container or Recycling Container.

Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Chapter and the Regulations, prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the Containers indicating the primary materials accepted and the primary materials prohibited in the Containers. Until SB 1383 compliant colored Containers are provided (Recycling Container, Organics Container, and Trash Container), Single-Family Waste Generators shall comply with the Container label requirements.

C. Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

SECTION 8.44.150 Requirements for Commercial Businesses Commercial Businesses, which includes Multi-Family Residential Dwellings, shall:

A. Subscribe to the three-Container Organic Waste Collection services. The City shall have the right to review the number, size, and location of a Generator’s Containers and frequency of Collection to evaluate adequacy of capacity provided for each type of Collection service for proper separation of materials and containment of materials; and, Commercial Business shall adjust its service level for its Collection services as requested by the City.

B. Participate in and comply with the three-Container (Recycling Container, Organics Container, and Trash Container) Collection service by placing designated materials in designated Containers. Generator shall place only approved materials in the appropriate colored Containers. Generators shall not place materials designated for the Trash Container into the Organics Container or Recycling Container.

Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Chapter and the Regulations, prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the Containers indicating the primary materials accepted and the primary materials prohibited in the Containers. Until SB 1383 compliant colored Containers are provided (Recycling Container, Organics Container, and Trash Container), Commercial Businesses shall comply with the Container label requirements.

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C. Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) below), for employees, contractors, tenants and customers, consistent with the Recycling Container, Organics Container, and Trash Container Collection service.

D. Excluding Multi-Family Residential Dwellings, provide Containers for the Collection of Source Separated Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal Containers are provided for customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where disposal Containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either:

1. A body or lid that conforms with the Container colors provided through the Collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that Container or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant 14 CCR Section 18984.8, the Container labels are required on new Containers commencing January 1, 2022.

E. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials per the Recycling Container, Organics Container, and Trash Container Collection service.

G. Excluding Multi-Family Residential Dwellings, periodically inspect Recycling Container, Organics Container, and Trash Containers for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3).

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H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Waste and Source Separated Recyclable Materials.

I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Waste and Source Separated Recyclable Materials separate from Trash (when applicable) and the location of Containers and the rules governing their use at each property.

J. Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.

K. If implemented, accommodate and cooperate with the City’s Remote Monitoring program for Inspection of the contents of Containers for Prohibited Container Contaminants, to evaluate Generator’s compliance with this Chapter. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Recycling Containers, Organics Containers, and/or Trash Containers.

L. Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements of this Chapter.

SECTION 8.44.160 Waivers for Generators
A. De Minimis Waivers: The City may, at its discretion, waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business:

1. Submits an application specifying the services that they are requesting a waiver from; and

2. Provides documentation that either:
a. The Commercial Business’ total Solid Waste Collection service is two cubic yards or more per week and Organic Waste subject to Collection in a Recycling Container or Organics Container comprises less than 20 gallons per week per applicable Container of the business’ total waste; or,
b. The Commercial Business’ total Solid Waste Collection service is less than two cubic yards per week and Organic Waste subject to Collection in a Recycling Container or Organics Container

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comprises less than 10 gallons per week per applicable Container of the business’ total waste; and

3. Notifies the City if circumstances change such that Commercial Business’s Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and

4. Provides written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.

B. Physical Space Waivers: The City may, at its discretion, waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the Recyclable Materials and/or Organic Waste Collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the Collection Containers required for compliance with the Organic Waste Collection requirements of this Chapter.

A Commercial Business or property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lack adequate space for Recycling Containers and/or Organics Containers, including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.

SECTION 8.44.170 Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the below requirements commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

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2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the Collection of Edible Food for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected. iv. The quantity of food, measured in pounds recovered per month, collected by a Food Recovery Service or Food
Recovery Organization for Food Recovery.

6. Commencing no later than January 1, 2022, for Tier One Commercial Edible Food Generators and January 1, 2024, for Tier Two Commercial Edible Food Generators, Commercial Edible Food Generators shall provide, at minimum, an annual Food Recovery report to the City which includes the information required in 14 CCR Section 18991.4 “Record Keeping Requirements for Commercial Edible Food Generators.”
D. Nothing in this Section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 557, Statutes of 2017) (, relating to food safety, as amended, supplemented, superseded and replaced from time to time.

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SECTION 8.44.180 Requirements for Food Recovery Organizations and Services A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Commencing January 1, 2022, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b), as applicable.

D. Food Recovery Capacity Planning
In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City that provides solid waste Collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon

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request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

E. Commencing no later than January 1, 2022, Food Recovery Services and Organization shall provide, at minimum, an annual report to the City which includes the information required in 14 CCR Section 18991.5 “Food Recovery Services and Organizations.”
SECTION 8.44.190 Requirements for Haulers, Facility Operators, and Community Composting Operations
A. Requirements for Haulers.

1. The authorized hauler providing Residential, Commercial, or industrial Organic Waste Collection services to Generators within the City boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:

Through written notice to the City initially on or before July 1, 2022 and as changes occur; identify the facilities to which they will transport Organic Waste including the facilities for Source Separated Recyclable Materials and Source Separated Organic Waste, as applicable.
a. Transport Source Separated Recyclable Materials and Source Separated Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as defined in 14 CCR, Division 7, Chapter 12, Article 2.
b. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site.
c. The authorized hauler shall comply with education, equipment, signage, Container labelling, Container color, contamination monitoring, reporting, and other requirements contained within its Franchise Agreement, as may be amended from time to time. d. Notwithstanding any the foregoing, nothing in this Chapter shall restrict or otherwise prohibit the authorized Hauler from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

B. Requirements for Facility Operators and Community Composting Operations.

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1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 30 days.

2. Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

SECTION 8.44.200 Self-Hauler Requirements
In addition to any other requirements for Self-haulers as contained in the Coachella Municipal Code:

A. Self-Haulers shall source separate all Recyclable Materials and Organic Waste (materials that the City otherwise requires Generators to separate for Collection in the Organic Waste and Recycling Collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a permitted facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers shall have a current Self-Haul application on file with the City and keep a monthly record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be reported and is subject to Inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the Generator to each entity.

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

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D. Self-Haulers shall provide information collected in subsection(C) to the City or its authorized designee or other representative, on a monthly basis.

E. Contractors or builders, or their employees, but not their subcontractors, may remove their own construction and demolition debris from construction sites.

F. Any Person holding a valid City business license to engage in the nursery or gardening business may remove shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris from property within the City. Persons may remove Solid Waste from any property owned or occupied by such Person.

SECTION 8.44.210 Compliance with CALGreen Recycling Requirements As applicable, all persons and/or entities subject to California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as amended July 1, 2019 and effective January 1, 2020:

1. Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 Recycling by Occupants Non-residential.

2. For organic waste commingled with construction and demolition debris, Section 4.408.1 Construction Waste Management Residential and Section

5.408.1 Construction Waste Management non-residential.

If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced.

SECTION 8.44.220 Model Water Efficient Landscaping Ordinance Requirements As applicable, all persons and/or entities subject to the MWELO shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G), as amended September 15, 2015. The MWELO compliance items listed herein are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined herein shall consult the full MWELO for all requirements.

If, after the adoption of this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), or (G) of the MWWELO September 15, 2015 requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

SECTION 8.44.230 Inspections and Investigations by the City A. City representatives and/or its Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any Collection Container, Collection

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vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Chapter, subject to applicable laws. This Section does not allow the City to enter the interior of a private Residential property for Inspection. For the purposes of inspecting Commercial Business Containers for compliance with this Chapter, the City may conduct Container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring, where applicable.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with City employees and/or its Designees during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment, where required; or (iii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.

C. Any records obtained by a City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

D. City representatives and/or its Designees are authorized to conduct any Inspections, Remote Monitoring or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

E. The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Collectors shall relay to City in writing all written complaints they receive.

SECTION 8.44.240 Enforcement
A. Violation of Sections 8.44.140 through 8.44.220 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Official or representative. Enforcement Actions under this Section include the issuance of an administrative citation and assessment of a fine. . The procedures in Chapter 3.28 shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

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C. Enforcement pursuant to this Section may be undertaken by the Enforcement Official.

D. Process for Enforcement

1. Enforcement Officials and/or their Designees will monitor compliance with Sections 8.44.140 through 8.44.220 randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program, which may include Remote Monitoring.

2. The City may issue an official notification to notify regulated entities of its obligations under Sections 8.44.140 through 8.44.220.

3. For incidences of Prohibited Container Contaminants found in Containers, the jurisdiction will issue a Notice of Violation to any Generator found to have Prohibited Container Contaminants in a Container. Such notice will be provide via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants. If the City or its authorized Designees observe Prohibited Container Contaminants in a Generator’s Containers on three occasions within a six-month time period, the City may assess Contamination processing fees or Contamination penalties on the Generator.

4. With the exception of violations by Generator of Container Contamination provisions enforced pursuant to Section 8.44.240(D)(3), the City shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the Notice of Violation.

5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 3.20 of Title 3 of the Coachella Municipal Code.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the Collection services, depending upon available information.

E. Penalty Amounts for Types of Violations

1. For a first violation, the amount of the base penalty shall be $100 per violation.

2. For a second violation, the amount of the base penalty shall be $200 per violation.

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3. For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.

4. The penalties shall be consistent with Government Code section 36900.

F. Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:

1. The nature, circumstances, and severity of the violation(s).

2. The violator’s ability to pay.

3. The willfulness of the violator’s misconduct.

4. Whether the violator took measures to avoid or mitigate violations of Sections 8.44.140 through 8.44.220 this Chapter.

5. Evidence of any economic benefit resulting from the violation(s).

6. The deterrent effect of the penalty on the violator.

7. Whether the violation(s) were due to conditions outside the control of the violator.

G. Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

H. Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures for appeals of administrative citations pursuant to Chapter 3.28. Evidence may be

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presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

I. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City or City designee will conduct Inspections, Remote Monitoring, Route Reviews, waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

J. Civil Penalties for Non-Compliance Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section and State law, as needed.

Item 8.

STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Resolution No. 2022-14 Approving a job title change from Public Works Streets Maintenance Worker- Trainee I/II to Graffiti Maintenance Worker and approving a salary scale at Grade 5.

STAFF RECOMMENDATION:

Adopt Resolution No. 2022-14 approving a job title change for Public Works Streets Maintenance Worker – Trainee I/II to Graffiti Maintenance Worker and approving a salary scale at Grade 5.

EXECUTIVE SUMMARY:

The Graffiti Abatement position has been in operating under a Public Works Streets Maintenance Worker – Trainee I/II job description and staff recommends an update to the position title and duties for a Graffiti Maintenance Worker.

BACKGROUND:

The Graffiti Maintenance Worker position was initially created in 2008 but was moved into the Public Works Department to include Street Maintenance Worker – Trainee I/II duties. The position is currently supervised within the Development Services Department’s Code Enforcement Division and will be classified in the Miscellaneous Unit.

DISCUSSION/ANALYSIS:

Staff recommends the recruitment for Graffiti Maintenance Worker to fill vacant positon in the Graffiti Abatement Division. The position is needed to abate the constant graffiti reports the department receives from the community and maintain a high standard in the quality of life and aesthetics for Coachella residents and businesses. The Graffiti Abatement positon currently covers over forty tags per day throughout the city that include locations ranging from parks, restrooms, community walls, retention basins and more. The position has assumed additional duties to with the growth in the City’s art in public places program to add graffiti protector to murals throughout the city that are part of the City’s art in public places inventory.

Item 9.

The salary scale of the Graffiti Maintenance Worker position is recommended to be slightly above ($4,370.18/year) of the current salary scale for the Street Maintenance Worker position, due to the additional duties necessary for the Graffiti Maintenance Worker position.

Position Existing Salary Pay Grade
26 Proposed Salary
Pay Grade 5
Public Works Streets
Maintenance Worker –
Trainee I/II
$48,007.44 – $61,268.69
Graffiti Maintenance
Worker $52,377.62 - $66,822.91
FISCAL IMPACT:

The requested reclassification of the Public Works Streets Maintenance Worker to Graffiti Maintenance Worker at pay grade 5 will result in an increase of approximately $4,370.18 per year for this position.

ALTERNATIVES:

1. Approve staff’s recommendation to approve Resolution No. 2022-14 approving a job title change from Public Works Streets Maintenance Worker – Trainee I/II to Graffiti Maintenance Worker and approving the salary scale at grade 5.

2. Continue and recommend modifications to the job description.

3. Do not approve the job title change and change in salary scale.

Attachments:

1. Resolution No. 2022-14

2. Graffiti Maintenance Worker Job Description

Item 9.

RESOLUTION NO. 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, APPROVING A JOB TITLE CHANGE

FROM PUBLIC WORKS STREETS MAINTENANCE WORKER TO

GRAFFITI MAINTENANCE WORKER AND APPROVING A SALARY
SCALE AT GRADE 5
WHEREAS, the Graffiti Maintenance Worker position will be recruited and filled immediately due to the vacancy and need within the Code Enforcement Division; and WHEREAS, in preparation of the pending recruitment, staff evaluated the needs of the Graffiti Maintenance Worker; and
WHEREAS, the Graffiti Maintenance Worker position’s stated duties are intended for the Public Works Street Maintenance Worker and staff recommends a change from Public Works Streets Maintenance Worker – Trainee I/II to Graffiti Maintenance Worker; and WHEREAS, the salary scale for Graffiti Maintenance Worker request shall be adjusted from the existing pay grade 26 and approved to be set at Grade 5.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Coachella, as follows:

Section 1. Incorporation of Recitals. The City Council hereby finds and determines that the foregoing Recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein.

Section 2. Title. Adopt Resolution No. 2022-14, a Resolution of the City Council of Coachella, California, Approving the Job Title Change from Public Works Streets Maintenance Worker – Trainee I/II to Graffiti Maintenance Worker and approving the revised job description, and setting the salary scale for Graffiti Maintenance Worker positions at Grade 5.

PASSED, APPROVED and ADOPTED this 9th day of February 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk

Item 9.

Resolution No. 2022-14

APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 9.

Resolution No. 2022-14

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-14 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 9th day of February 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Item 9.

City Hall
1515 Sixth Street
53990 Enterprise Way
Coachella, CA 92260
Telephone: (760) 398-3502
December 2008 February 2022 FLSA: NON-EXEMPT

GRAFFITI MAINTENANCE WORKER

DEFINITION
Under general supervision, performs a variety of routine maintenance involved in the removal and abatement of graffiti from City facilities, buildings, and related areas; operates equipment used in the removal of graffiti; performs minor servicing to equipment; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Code Compliance Manager. Exercises no direct supervision over staff.

CLASS CHARACTERISTICS
This is a single-position classification that performs routine graffiti abatement activities of City infrastructure, facilities, and systems. Incumbents perform day-to-day graffiti removal activities to ensure that City facilities, buildings, and related areas provide the highest level of safety for public use and visual enhancement. This class is distinguished from the other maintenance workers in that it performs duties primarily related to graffiti removal activities.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Maintains the cleanliness of City facilities, buildings, parks, and related areas, including removing graffiti; inspects areas for graffiti and hazardous objects to ensure the safety of the public.  Mixes paint and matches colors. Tapes, tints, primes and/or texturizes walls and other surfaces in preparation for brush or spray gun painting. Paints wood, metal, stucco, wallboard, brick, cement and other surfaces.
 Operates a variety of equipment including pressure washers, free sprayers, paint trailer unit, and boom lift to remove graffiti.
 Performs general servicing of equipment, including cleaning of graffiti paint trailer sprayer; reports mechanical or other equipment problems.
 Observes and reports hazards including traffic hazards, abandoned vehicles, holes in roadways, missing or damaged signs, and burned out street lights. Determines precautions necessary for safe operations.  Monitors surveillance systems for potential violations and hazards; reports hazards; and determines precautions necessary for safe operations.
 Receives, records, and investigates complaints from the public and staff regarding hazards; writes

Item 9.
police incident reports; documents violations by securing photographs and other pertinent data; maintains reports and records as required.
 Assists code compliance officers with cleanup of residential, industrial, and/or commercial areas.  Meets with City code compliance and public works staff and contractors regarding complaints; assists in coordinatesing activities with other staff and contractors.  Observes safety precautions while operating vehicles and equipment.  Responds to complaints and answers questions from public or escalates to supervisor, as necessary.  Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Basic principles, practices, tools, and materials as they relate to the maintenance of infrastructure, facilities, systems, and appurtenances similar to those in a municipal environment.  The operation and minor maintenance of a variety of hand and power tools, vehicles, and light to heavy power equipment.
 Operational characteristics of specialized graffiti removal equipment.  Occupational hazards and safety equipment and practices related to the work, including the handling of hazardous chemicals.
 Safe driving rules and practices.
 Applicable Federal, State, and local laws, codes, and regulations.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and City staff.

Ability to:
 Identify and implement effective course of action to complete assigned work.  Troubleshoot maintenance problems and determine materials and supplies required for repair.  Safely and effectively use and operate hand tools, mechanical equipment, power tools, and light to heavy equipment used for graffiti removal.
 Perform routine equipment maintenance.
 Perform manual labor for extended periods of time in all types of weather.  Learn, interpret, and apply the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions.
 Operate a motor vehicle safely.
 Maintain accurate logs, records, and basic written reports of work performed.  Follow department policies and procedures related to assigned duties.  Understand and follow oral and written instructions.
 Organize own work, set priorities, and meet critical time deadlines.  Use English effectively to communicate in person, over the telephone, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:

Item 9.

Equivalent to the completion of the twelfth (12th) grade and one (1) year of experience in small and/or heavy equipment operation.

Licenses and Certifications:
 Valid California class C driver’s license with satisfactory driving record and automobile insurance.

PHYSICAL DEMANDS
Must possess mobility to work in and around City buildings and facilities, to operate a motor vehicle and drive on surface streets; strength, stamina, and mobility to perform light to medium physical work, to work in confined spaces and around machines, to climb and descend ladders, and to operate varied hand and power tools and equipment; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push and pull materials and objects weighing up to 75 pounds, and heavier weights with the use of proper equipment.

ENVIRONMENTAL ELEMENTS
Employees work in and around buildings and facilities and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives, and contractors in interpreting and enforcing departmental policies and procedures.

WORKING CONDITIONS
May be required to be on-call and to work various shifts or emergencies on evenings, weekends, and holidays.

Revised 1/20/22

Item 9.

STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Adopt Resolution No. 2022-15 Approving the Funding of a Code Enforcement Officer
STAFF RECOMMENDATION:

Adopt Resolution No. 2022-15 approving the funding of a Code Enforcement Officer.

DISCUSSION/ANALYSIS:

Due to the promotion of Rene Rosales from Senior Code Enforcement Officer to Code Enforcement Manager in 2019, the vacated Senior Code Enforcement Officer was left unfilled and the Senior Code Officer position is no longer a budgeted position. The Code Enforcement Division is in need of recruiting a Code Enforcement Officer level position to address the quality of life issues that are reported by Coachella residents. The Code Enforcement Officer position is an existing position under the Miscellaneous Unit. Recruitment at the Code Enforcement Officer position is below the salary scale of the Senior Code Enforcement Officer position.

Position
Pay Grade
Existing Salary
Sr. Code Enforcement
Officer
15 $68,825.02 – 87,877.30
Code Enforcement Officer 9 $59,869.37 – 76,359.82
FISCAL IMPACT:

The requested Code Enforcement Officer position pay grade 9 will result in a salary savings($8,955.65) by not rehiring a Senior Code Enforcement Officer. Approval of the request requires the City Council to fund the position at the salary scale of $59,869.37-$76,359.82 appropriating the necessary funds in the Code Enforcement Division in the amount of $64,000.

ALTERNATIVES:

1. Approve staff’s recommendation to approve Resolution No. 2022-15 approving the funding of a Code Enforcement Officer.

2. Continue and suggest other modifications.

Item 10.

Attachments:

1. Resolution No. 2022-15

2. Code Enforcement Officer Job Description

Item 10.

Item 10.

RESOLUTION NO. 2022-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, APPROVING THE FUNDING OF A

CODE ENFORCEMENT OFFICER
WHEREAS, two Senior Code Enforcement Officer position existed in 2019 in the Code Enforcement Division and one of the positions was vacated and left unfilled; and WHEREAS, the unfilled Senior Code Enforcement Officer position was not budgeted by the City of Coachella in fiscal year 21/22; and
WHEREAS, the staffing assistance at the Code Enforcement Officer level is required and needed to maintain and enhance the quality of life of Coachella residents; and NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Coachella, as follows:

Section 1. Incorporation of Recitals. The City Council hereby finds and determines that the foregoing Recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein.

Section 2. Title. Adopt Resolution No. 2022-15, a Resolution of the City Council of Coachella, California, Approving the Funding of the Code Enforcement Officer and approving the revised job description.

PASSED, APPROVED and ADOPTED this 9th day of February 2022. ___________________________________
Steven A. Hernandez, Mayor
ATTEST:
___________________________________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos, City Attorney

Item 10.

Resolution No. 2022-15

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-15 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 9th day of February 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Item 10.

Code Enforcement
Officer
Bargaining Unit: Sanitary and
Miscellaneous
Class Code:
0333-001

CITY OF COACHELLA
Established Date: Oct 25, 2017
Revision Date: Jul 1, 2021
DEFINITION:

Under general supervision, performs a variety of routine to complex technical and public contact duties related to the City's code compliance program, including the identification, investigation, and correction of violations of the City's municipal, zoning, housing, tree, business, development, and signage codes; investigates citizen complaints of public nuisances and quality of life issues and seeks voluntary compliance or issues citations and initiates abatement procedures; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Code Compliance Manager. Exercises no supervision of staff.

CLASS CHARACTERISTICS
This is the full journey-level class in the Code Compliance series that performs the full range of duties related to inspection and compliance activities required to ensure compliance with the City's municipal, zoning, housing, tree, development, and signage codes. Responsibilities include the authority to cite violators and initiate court proceedings for compliance. Successful performance of the work requires the frequent use of tact, discretion, and independent judgment, knowledge of departmental and City activities, and extensive staff, public, and organizational contact. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. This class is distinguished from the Senior Code Enforcement Officer in that the latter is responsible for technical and functional direction over lower-level code compliance staff and is capable of performing the most complex duties assigned to the function

Item 10.

EXAMPLES OF DUTIES:

Management reserves the rights to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations where appropriate so that qualified employees can perform the essential functions of the job. o Receives, records, and investigates complaints from the public and staff regarding violations of municipal, building, and zoning codes, ordinances, housing standards, and health and safety regulations; documents violations by securing photographs and other pertinent data; researches ownership records, prior complaints, municipal codes and ordinances, and State regulations to establish whether a violation has occurred. o Initiates contacts with residents, business representatives, and other parties to explain the nature of incurred violations and to encourage compliance with municipal codes, ordinances, and community standards; initiates abatement of dangerous properties and vector control issues of vacant properties; provides confirmation regarding code regulations to the public by telephone and in person.
o Prepares and issues notices of violation or noncompliance, final notices, misdemeanor and parking citations, and other correspondence according to applicable codes and regulations; issues letters to property owners notifying them of violation; as appropriate, affixes notices of violation on properties to abate fire and public safety hazards and nuisances.
o Meets with City planning, building, engineering, police, and public works staff, and legal counsel regarding complaints; coordinates activities with other code compliance personnel and departments.
o Coordinates and conducts follow-up abatement procedures including the preparation of additional correspondence, site visits, and communication with property owners and attorneys; conducts follow-up investigations to ensure compliance with applicable codes and ordinances; prepares non-compliance cases for legal action; presents testimony at hearings.
o Makes drive-by or on-site inspections of residential, industrial, and/or commercial areas; notes possible violations at other property sites during the course of field investigations. o Provides information to violators, the general public, business community, and other government agencies regarding codes, laws, and ordinances; responds to questions, complaints, and inquiries.
o Drafts and recommends revisions to City code enforcement policies, procedures, and standards.
o Participates in recommending, developing, and administering policies, procedures, and projects to ensure efficient and effective code enforcement activities in compliance with City guidelines, standards, goals, and objectives.
o Performs a variety of public relations and outreach work related to assigned activities. o Maintains files, databases, and records related to citations and violations; prepares a variety of written reports, memoranda, and correspondence. o Performs duties of a disaster services worker in event of an emergency. o Performs related duties as assigned.

Item 10.

QUALIFICATIONS
Knowledge of:
 Principles, practices, methods, and techniques of code violation investigation and compliance.
 Methods and procedures used in code compliance including citation issuance procedures, methods used to obtain various types of inspection warrants, and principles used to prepare legal documents.
 Practices for documenting inspections, correcting violations, and carrying through on court procedures.
 Basic requirements of zoning and related codes, ordinances, and regulations.  Applicable Federal, State, and local laws, codes, and regulations and administrative and departmental policies.
 Legal descriptions and boundary maps of real property and legal terminology as used in code compliance.
 Occupational hazards and standard safety practices necessary in the area of code compliance.
 Research and reporting methods, techniques, and procedures.  Principles and procedures of record keeping, technical report writing, and preparation of correspondence and presentations.
 Safety equipment and practices related to the work, including safe driving rules and practices.
 Modern office practices, methods, and computer equipment and applications related to the work.
 English usage, spelling, vocabulary, grammar, and punctuation.  Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations and with property owners, developers, contractors, and the public.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and City staff.

Ability to:
 Explain codes and regulations to property owners, residents, and others.  Interpret, apply, explain, and ensure compliance with Federal, State, and local policies, procedures, laws, regulations, codes, and departmental policies.  Understand and explain occupational hazards and standard safety practices related to code compliance.
 Identify and respond to issues and concerns of management, City government, a variety of professional groups, commissions, and committees, and the general public.  Effectively represent the department and the City in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations and in meetings with individuals.
 Respond to inquiries, complaints, and requests for service in a fair, tactful, and timely manner.
 Prepare clear and concise reports, correspondence, and other written materials.  Make accurate arithmetic, financial, and statistical computations.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities and meet critical time deadlines.  Operate modern office equipment including computer equipment and specialized software applications programs.

Item 10.
 Use English effectively to communicate in person, over the telephone, and in writing.  Use tact, initiative, prudence and independent judgment within general policy, procedural and legal guidelines.
 Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

QUALIFICATIONS:

Education and Experience:

Any combination of training and experience, which would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to the completion of the twelfth (12th) grade supplemented by some college-level coursework or technical training in code compliance, and two (2) years of increasingly responsible municipal code compliance experience.

Licenses and Certifications:
 Valid California class C driver's license with satisfactory driving record and automobile insurance.
 Must obtain a California PC832 certificate within six (6) months of employment

PHYSICAL DEMANDS/ENVIRONMENTAL
ELEMENTS/WORKING CONDITIONS:

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to inspect various City sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; and to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.

ENVIRONMENTAL ELEMENTS
Employees work partially in an office environment with moderate noise levels and controlled temperature conditions, and partially in the field and are occasionally exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives and contractors in interpreting and enforcing departmental policies and procedures.

Item 10.

STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve Resolution No. 2022-17 Approving the Creation and Funding for a Full-Time Senior Center Operator Position
STAFF RECOMMENDATION:

Approve Resolution No. 2022-17 approving the creation and funding for a full-time Senior Center Operator position.

BACKGROUND:

The Senior Center Bus Driver is a part-time position whose primary duty is transporting the City’s seniors to and from the Senior Center. The position works thirty (30) hours per week, MondayFriday.

The position has been vacant since April 2021. Staff has recruited and held interviews to fill this vacancy three (3) times. Each time, final candidates were selected but were either unable to provide proof of the required Class B driver’s license with passenger endorsement, or they accepted the job offer but then later declined it.

DISCUSSION/ANALYSIS:

To improve the City’s ability to successfully fill this position, staff is recommending that it be changed from a part-time Senior Center Bus Driver to a full-time Senior Center Operator. The position would continue to drive our seniors to and from the Senior Center, but would also provide building maintenance duties at the Senior Center.

The Senior Center Operator position falls under the Sanitary and Miscellaneous Employees bargaining unit and would be added to their existing Salary Schedule as a Pay Grade 26, salary range $48,007.44 to $58,340.88 annually. The position would report to the Senior Center Coordinator and would have a Monday-Friday workweek to mirror the Senior Center’s operating schedule.

Item 11.

FISCAL IMPACT:

Approval of the position would add $19,599.84 to the salary and benefits of the Senior Center department’s current operating budget, and funds would be appropriated from the General Fund.

Attachments:

Resolution No. 2022-17
Senior Center Operator Job Description

Item 11.

RESOLUTION NO. 2022-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, APPROVING THE CREATION AND

FUNDING FOR A FULL-TIME SENIOR CENTER OPERATOR

POSITION
WHEREAS, the City has a funded vacant part-time Senior Center Bus Driver position; WHEREAS, Senior Center operations has determined that it will better serve the Center’s needs to recruit and fill a full-time Senior Center Operator position instead; WHEREAS, the Senior Center Operator position falls under the Sanitary and Miscellaneous Employees bargaining unit and would be added to their existing Salary Schedule as a Pay Grade 26, salary $48,007.44 to $58,340.88 annually. The position would report to the Senior Center Coordinator and would have a Monday-Friday workweek to mirror the Senior Center’s operating schedule;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Coachella, as follows:

Section 1. Incorporation of Recitals. The City Council hereby finds and determines that the foregoing Recitals of this Resolution are true and correct and hereby incorporated into this Resolution as though fully set forth herein.

Section 2. Title. Adopt Resolution No. 2022-17 a Resolution of the City Council of Coachella, California, approving the creation and funding for a full-time Senior Center Operator position.

PASSED, APPROVED and ADOPTED this 9
th day of February 2022.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk

Item 11.

APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 11.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-17 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 9 th day of
February 2022 by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza
Deputy City Clerk

Item 11.

FEBRUARY 2022 FLSA: NON-EXEMPT

SENIOR CENTER OPERATOR

DEFINITION
Under general supervision, performs a variety of custodial and building maintenance and repair work; provides maintenance support to the Facilities Division; operates vehicles in the transportation of citizens and staff; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory and management staff. Exercises no direct supervision over staff.

CLASS CHARACTERISTICS
This is a journey-level class in the building maintenance functional area and provides transport to citizens/ staff to city facilities. The position performs the full range of duties required to ensure that City buildings provide the highest level of safety for public and staff use. Responsibilities include inspecting and attending to assigned areas in a timely manner, and performing a wide variety of tasks in the maintenance and repair of buildings or equipment, including maintaining, replacing, repairing basic plumbing and electrical systems and fixtures, and assisting in custodial duties as necessary. Responsibilities also require providing the highest level of transport services for citizens and staff, completion of pre and post trip requirements.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Sweeps, mops, waxes, buffs, and polishes floors; cleans carpets and repairs carpet damage; dusts and polishes furniture, woodwork, fixtures, and equipment.
 Washes windows and walls; empties and cleans waste receptacles; cleans and maintains supplies in restrooms.
 Performs minor maintenance and repairs on equipment or buildings such as replacing light bulbs, fixing doors, repairing door locks, or minor painting.
 Unlocks and locks entrances to buildings; inspects buildings for safety hazards.  Operates a variety of electrical cleaning equipment; maintains and orders custodial equipment and supplies.
 Performs various tasks in moving or rearranging furniture, desks and other equipment; sets up rooms and other City facilities for meetings and special events.  Maintains proper standards of cleanliness in assigned areas.

Civic Center
53990Enterprise Way
Coachella, CA 92236
Telephone: (760) 398-3502

Item 11.
 Maintains, repairs, and replaces plumbing systems and fixtures such as faucets, drinking fountains, water closet, urinals, water regulators and pressure valves.  Replaces light bulbs and time clocks.
 Provides periodic basic maintenance to air conditioning and heating units.  Performs basic repairs to buildings, including plaster patch, painting, masonry, and replacing glass and ceiling tiles.
 Operates a variety of hand and power tools and equipment pertinent to the maintenance of area assigned; makes minor adjustments on service equipment; maintains tools and equipment in working order.
 Picks up and delivers documents and other items from/to various City locations.  Performs routine maintenance on City vehicles used in performing assigned work.  Orders supplies and materials as needed and as directed.  Submits and fills work orders.
 Maintains records of work performed.
 Assists in setting up City-sponsored special events.
 May maintain, repair, and replace electrical systems including light switches, motors, wall receptacles and conduits.
 Serves as a bus driver and is responsible for transporting citizens/staff to the Senior Center and various outings and events.
 Responsible for ensuring the routine maintenance of the City bus, including scheduling of bus service and maintenance.
 Operates a passenger vehicle to transport citizens to and from their homes, senior center, or other City sites; oversees the loading, seating, and unloading of passengers from vehicles.  Assists passengers with special needs in accessing and departing from vehicles, including using wheelchair lifts to load passengers onto vehicles and securing passengers.  Performs maintenance and safety checks and inspections on assigned vehicles and notifies supervisor of defects and needed repairs; prepares and submits inspection reports; maintains vehicle operation records and logs.
 Performs duties of a disaster services worker in event of an emergency.  Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Practices, methods, equipment, tools and materials used in maintaining, cleaning and repairing buildings, office space, and meeting rooms.
 Basic construction and repair methods, including carpentry, pipe fitting, painting, systems of lighting controls, and plumbing repair and installation.
 The operation and minor maintenance of a variety of hand and power tools, vehicles, and power equipment.
 Shop arithmetic.
 Safe work methods and safety practices pertaining to the work, including the handling of hazardous chemicals.
 Safe driving rules and practices.
 Basic computer applications related to the work.
 English usage, spelling, vocabulary, grammar, and punctuation.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and City staff.
 Principles, practices, and service delivery needs related to senior services.

Item 11.
 Applicable Federal, State, and local laws, codes, and regulations related to senior services and related facilities.
 Safety principles and practices, including first aid and adult cardiopulmonary resuscitation.

Ability to:
 Perform maintenance, repair and custodial work in a variety of City buildings and facilities.  Troubleshoot maintenance problems and determining materials and supplies required for repair.  Work from sketches, blueprints, or drawings.
 Make accurate arithmetic calculations.
 Maintain accurate logs, records and basic written records of work performed.  Skillfully and safely use and operate hand tools, mechanical equipment, power tools, and a variety of custodial equipment required for the work.
 Perform routine equipment maintenance.
 Follow policies and procedures related to assigned duties.  Understand and follow oral and written instructions.
 Organize own work, set priorities, and meet critical time deadlines.  Use English effectively to communicate in person, over the telephone, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to the completion of the twelfth (12th) grade, one (1) year of experience in custodial and/or facilities maintenance and repair work, and one (1) year of experience in driving automobiles or vans in transporting passengers.

Licenses and Certifications:
 Valid California class B driver’s license with passenger endorsement, satisfactory driving record and automobile insurance.
 Possession of, or ability to obtain, First Aid, Automated External Defibrillator (AED), Adult Cardiopulmonary Resuscitation (CPR) within one year of employment.

PHYSICAL DEMANDS
Must possess mobility to work in and around City buildings and facilities, to operate a motor vehicle and drive on surface streets; strength, stamina, and mobility to perform light to medium physical work, to work in confined spaces and around machines, to climb and descend ladders, and to operate varied hand and power tools and equipment; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push and pull materials and objects weighing up to 75 pounds, and heavier weights with the use of proper equipment.

Item 11.

ENVIRONMENTAL ELEMENTS
Employees work in and around buildings and facilities and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may be exposed to blood and body fluids rendering First Aid and CPR and are required to wear appropriate attire for the recreation activity to which they are assigned. Employees may interact with upset staff and/or public and private representatives, and contractors in interpreting and enforcing departmental policies and procedures.

WORKING CONDITIONS
May be required to be on-call and to work various shifts or emergencies on evenings, weekends, and holidays.

Item 11.

STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Nathan Statham, Finance Director -andCelina Jimenez, Grants Manager SUBJECT: Adopt Resolution No. 2022-18 Authorizing the City of Coachella to Enter Into a Memorandum of Understanding with the State of California Department of Justice Office of the Attorney General, Tobacco Grant Program STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2022-18 authorizing the City of Coachella to enter into a Memorandum of Understanding with the State of California Department of Justice Office of the Attorney General, Tobacco Grant Program for grant funds in the amount of $611,655.

BACKGROUND:

The City of Coachella received a grant award from the California Department of Justice (DOJ) for the Proposition 56 – Tobacco Grant Program to hire a Community Service Officer for three (3) full years. City Council previously authorized the City Manager to accept the award of funds and amend the City’s public safety contract with Riverside County Sheriffs to hire a Community Services Officer at the City’s regularly scheduled Council meeting on December 8, 2021. The City has executed an amendment to the public safety contract and is awaiting approval by the Riverside County Sheriff’s office. Entering into this MOU is a DOJ program requirement to address grant program administration requirements under the terms of the grant program.

DISCUSSION/ANALYSIS:

The City will be able to use grant funds to pay for a non-sworn Community Service Officer who will be conducting tobacco enforcement programs that include minor decoy operations that test tobacco sellers’ compliance with age-verification sale requirements, shoulder tap operations that ask someone of legal age to purchase tobacco products for a minor, and compliance checks to ensure retailers are adhering to tobacco retail laws. In addition, the Community Service Officer will be conducting tobacco prevention related outreach campaigns at middle schools and high schools in an effort to prevent underage smoking.

The MOU states that the City will follow program requirements and comply with other administrative actions outlined in the grant program to facilitate funding the Community Service

Item 12.

Officer position.

FISCAL IMPACT:

The total amount of this grant award is $611,655, which includes $5,000 for administrative costs. Funding was appropriated as part of a previous Council action.

ATTACHMENTS:

1. Resolution No. 2022-18

2. Memorandum of Understanding DOJ-PROP56-2021-22-1-018

Item 12.

RESOLUTION NO. 2022-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, AUTHORIZING THE CITY OF COACHELLA TO ENTER

INTO A MEMORANDUM OF UNDERSTANDING WITH THE STATE OF

CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF ATTORNEY

GENERAL, TOBACCO GRANT PROGRAM AND ACCEPT GRANT
FUNDS IN THE AMOUNT OF $611,655
WHEREAS, the City of Coachella (City) is interested in participating in the Tobacco Grant Program, which is made available through The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Prop 56) and administered by the California Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products to minors in the City; and
WHEREAS, on April 14, 2021, the City in conjunction with the Coachella Police Department submitted a grant proposal to the DOJ; and
WHEREAS, following the City’s submittal of a proposal for the Program, on November 18, 2021, the DOJ offered to award the City for a three-year grant program ending June 30, 2025; and
WHEREAS, on November 30, 2021, the City submitted a Letter of Intent to Accept the Tobacco Grant Program Award; and
WHEREAS, grant funds will be used to fund a full-time Coachella Police Department Community Service Officer to conduct tobacco enforcement operations; and WHEREAS, Council approved Resolution No. 2021-77 authorizing the City Manager to accept the grant award and amend the City’s public safety contract for police services with the Count of Riverside to hire an additional Community Service Officer; and WHEREAS, in order to be eligible to receive grant funding, the City must submit a completed Grant Award Memorandum of Understanding to the DOJ.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Manager or a designated representative including as needed an authorized representative of the City’s Police Department through the police public safety contract with the Riverside County Sheriff’s Office are hereby authorized and directed to enter into a Memorandum of Understanding with the DOJ for grant funds awarded through the Tobacco Grant Program.

Item 12.

PASSED, APPROVED, AND ADOPTED this 9
th day of February 2022.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 12.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-18 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 9 th day of
February 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Andrea J. Carranza, MMC
Deputy City Clerk

Item 12.

DOJ-PROP56-2021-22-1-018

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (MOU) is entered into by the Department of Justice (hereinafter, “Department”) and the City of Coachella (hereinafter, “Grantee”), to provide grant funds to Grantee for expenditure in compliance with the Grantee Handbook. The Grantee will expend funds for the purposes identified in the approved Summary of Award document to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (the “Act”), approved by the voters as Proposition 56.

The Request for Proposals, Grantee Handbook (dated March 2021), and Summary of Award document are hereby incorporated by reference into this MOU.

COST REIMBURSEMENT
The Department agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document, upon receipt of invoices from Grantee and approval of the invoices by the Department, in accordance with the reimbursement procedures set forth in the Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under the agreement does not appropriate sufficient funds for this MOU, this MOU shall be of no further force and effect. In this event, the Department shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this MOU and Grantee shall not be obligated to continue performing any provisions of this agreement for which it would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the Departmentshall have the option to either cancel this MOU with no liability occurring to the Department, or offer an addendum to the Grantee to reflect the reduced amount.

ADMINISTRATION
Should Grantee fail to comply with this MOU, including any expenditures for purposes not permitted under the MOU, the Department may take one or more of the actions described under Noncompliance in the Grantee Handbook.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless the Department, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Termination – The Department may terminate this MOU and be relieved of any obligation to provide grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

Item 12.

DOJ-PROP56-2021-22-1-018

TERMS
Grant Duration: 12/1/2021 – 6/30/2025
Award Amount
Category of Expenditure
Budget
FY 2021-2022
Budget
FY 2022-2023
Budget
FY 2023-2024
Budget
FY 2024-2025
Personal Services $195,885 $195,885 $195,885 $0
Operating Expenses and Equipment $3,000 $3,000 $3,000 $0 Administrative Costs (Not to Exceed 5%) $5,000 $5,000 $5,000 $0 TOTAL AWARD AMOUNT $611,655
The time limit for reimbursements against this award ends 6/30/2025. Requests received after 7/15/2025 cannot be reimbursed by the Department.

GRANTEE CONTACT INFORMATION
Gabriel D. Martin, PhD – City Manager
City of Coachella, Administration Department
53990 Enterprise Way, Coachella, CA 92236
(760) 398-3502
[email protected]

AUTHORIZATION
The Department and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be mailed to the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
___________________________________ ___________________ DR. GABRIEL MARTIN Date
City Manager
___________________________________ ___________________ LT RANDY VASQUEZ Date
Riverside County Sheriff’s Department
___________________________________ ___________________ STACY HEINSEN, GRANT MGR. Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, CHIEF Date
Division of Operations
California Department of Justice

Item 12.

STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve vehicle leases for FY 2021/22 with Enterprise Fleet Management Inc.

SPECIFICS:
 Approve vehicle surplus listing and replacement for 2021/2022.  Authorize the City Manager to approve the Lease Rate Quotes for:
eight (8) Ford F-150 units, one (1) Ford Escape and two (2) Ford Explorers from Enterprise Fleet Management, Inc.
 Authorize FY 21/22 appropriation of $76,643.28 for lease payments of 11 (eleven) new units.

STAFF RECOMMENDATION:

It is recommended that the City Council:
 Approve vehicle surplus listing and replacement for 2021/2022.  Authorize the City Manager to approve a Lease Rate Quote for lease of eight (8) Ford F150 units, one (1) Ford Escape and two (2) Ford Explorers from Enterprise Fleet Management, Inc.
 Authorize FY 21/22 appropriation of $76,643.28 for lease payments of 11 (eleven) new units.

BACKGROUND:

The City maintains a fleet of vehicles and equipment for use by various City departments, which include light, medium and heavy-duty vehicles. Prior to 2019, the City of Coachella has historically purchased and owned all fleet vehicles and equipment. Since 2020, the City of Coachella has leased its light duty vehicles to decrease the average age of these units; in 2018 the average age of these units was 13 years.

Today the average age of the City’s fleet is 9 years. This positive change in the reduced age of the City’s fleet is due to the City Council’s decision, in February 2020, to surplus and replace eleven/twelve units annually through a Master Equity Lease Agreement with Enterprise Fleet Management (EFM).

Item 13.

DISCUSSION/ANALYSIS:

This is the third year of this program, staff is recommending the following eleven (11) units be surplused and replaced/maintenance services provided through the EFM lease program; Vehicle # Year Make Model VIN Mileage
#300 2006 Chrysler 300M 2C3KA53GX6H358369 115,037
#14 2009 Ford Escape 1FMCU49359KB26101 71,494
#32 2006 Ford F-150 1FTRX12W76KCO1904 97,029
#53 2007 Ford Ranger 1FTYR14E87PA86647 84,730
#10 2008 Ford Ranger 1FTYR14E98PA49267 91.112
#70 2013 Ford F-150 1FTEX1CM4DFB76929 82,263
#11 2006 Ford Ranger 1FTYR14E76PA49720 68,444
#106 2004 Chev Silverado 1GBHC24U14E234311 61,393
#24 2006 Ford Ranger 1FTYR14E06PA49722 77,122
#38 2008 Ford Escape 1FMCU03198KC38608 73,052
#23 2014 Ford F-150 1FTFX1CF7EKD62236 72,964
The above noted vehicle replacements for FY 21/22 are based on vehicle age and mileage. To maintain a standardized fleet staff recommends replacement units for those listed above be:
- eight (8) 2022 Ford F-150XL 4x2 SuperCab units; cost per unit with maintenance $586.54; - one (1) Ford Escape; cost per unit with maintenance $505.76; - two (2) Ford Explorers; cost per unit with maintenance $594.43.

FISCAL IMPACT:

The annual fiscal impact for leasing these additional eleven (11) new units from Enterprise Fleet Management is $76,643.28. Staff is requesting an appropriation of $76,643.28 to lease the identified equipment. Staff estimates the equipment being surplused will decrease the net appropriation after auctioned by $25,000-$30,000.

Attachments:

Lease Rate Quotes

Item 13.

Prepared For: City of Coachella Date 01/27/2022
Martinez, Maritza AE/AM RRM/M7B
Unit #
Year 2022 Make Ford Model Escape
Series S 4dr Front-Wheel Drive
Vehicle Order Type Ordered Term 60 State CA Customer# 588084 $ 24,822.00 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 404.61 * Initial License Fee
$ 0.00 Registration Fee
$ 325.00 Other: (See Page 2)
$ 0.00 Capitalized Price Reduction
$ 0.00 Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color Oxford White
Interior Color Dark Earth Gray w/Cloth Front Bucket Seats Lic. Plate Type Exempt
GVWR 0
$ 25,147.00 Total Capitalized Amount (Delivered Price)
$ 339.48 Depreciation Reserve @ 1.3500%
$ 88.13 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 427.61 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 40.73 Full Maintenance Program 3 Contract Miles 37,500 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 40.73 Additional Services SubTotal
$ 37.42 Sales Tax 8.7500% State CA
$ 505.76 Total Monthly Rental Including Additional Services $ 4,778.20 Reduced Book Value at 60 Months
$ 450.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.

LESSEE City of Coachella

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 6192144
Printed On 01/27/2022 12:13:12 PM Page 1 of 6

Item 13.

Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 200.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 325.00
Other Charges Total $ 325.00
Open-End (Equity) Lease Rate Quote Quote No: 6192144
Printed On 01/27/2022 12:13:12 PM Page 2 of 6

Item 13.

VEHICLE INFORMATION:
2022 Ford Escape S 4dr Front-Wheel Drive - US
Series ID: U0F
Pricing Summary:

INVOICE MSRP
Base Vehicle $25,229 $26,010.00
Total Options $188.00 $200.00
Destination Charge $1,245.00 $1,245.00
Total Price
SELECTED COLOR:

Exterior: YZ-Oxford White
Interior: VH-Dark Earth Gray w/Cloth Front Bucket Seats SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
100A Equipment Group 100A NC NC
106WB 106" Wheelbase STD STD
425 50-State Emissions System STD STD
448 Transmission: 8-Speed Automatic Included Included
50B Front & Rear Floor Liners w/Carpet Mats $188.00 $200.00 996 Engine: 1.5L EcoBoost Included Included
PAINT Monotone Paint Application STD STD
STDAX 3.81 Axle Ratio Included Included
STDGV GVWR: TBD Included Included
STDRD Radio: AM/FM Stereo Included Included
STDTR Tires: 225/65R17 AS BSW Included Included
STDWL Wheels: 17" Steel w/Sparkle Silver-Painted Covers Included Included SYNC SYNC Communications & Entertainment System Included Included SYNCON FordPass Connect Included Included
V Cloth Front Bucket Seats Included Included
VH_01 Dark Earth Gray w/Cloth Front Bucket Seats NC NC
YZ_01 Oxford White NC NC
$26,662.00 $27,455.00
Open-End (Equity) Lease Rate Quote Quote No: 6192144
Printed On 01/27/2022 12:13:12 PM Page 3 of 6

Item 13.

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Cargo Door Type: liftgate
Driver And Passenger Mirror: power remote manual folding side-view door mirrors Spoiler: rear lip spoiler
Door Handles: black
Front And Rear Bumpers: body-coloured front and rear bumpers with metal-look rub strip Front Bumper Insert: black front bumper insert
Body Material: fully galvanized steel body material
Body Side Cladding: black bodyside cladding
Grille: black grille
Exhaust Tip: chrome tip exhaust
Convenience Features:

Air Conditioning manual air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver 1-touch down
1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Remote Engine Start: remote engine start - smart device only Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: driver and passenger-side visor mirrors Emergency SOS: 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 3 12V DC power outlets
Entertainment Features:
radio AM/FM stereo with seek-scan
Radio Data System: radio data system
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off projector beam halogen headlamps Auto-Dimming Headlights: Ford Co-Pilot360 - Auto High Beam auto high-beam headlights Front Wipers: variable intermittent speed-sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper
Rear Window Defroster: rear window defroster
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front and rear reading lights
Printed On 01/27/2022 12:13:12 PM Page 4 of 6

Item 13.

Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: pedestrian detection
Forward Collision Alert: forward collision
Water Temp Gauge: water temp. gauge
Clock: in-radio display clock
Systems Monitor: systems monitor
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Bulb Failure Warning: bulb-failure warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front ventilated disc brakes
Daytime Running Lights: daytime running lights
Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: SecuriLock immobilizer
Panic Alarm: panic alarm
Tracker System: tracker system
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 5
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 6-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Printed On 01/27/2022 12:13:12 PM Page 5 of 6

Item 13.

Driver Height Adjustment: manual height-adjustable driver and passenger seats Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining 60-40 split-bench seat Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: rear seat fold-forward seatback
Leather Upholstery: cloth front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: metal-look/piano black instrument panel insert, door panel insert, console insert Shift Knob Trim: metal-look shift knob
Floor Mats: carpet front and rear floor mats
Interior Accents: metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Tie Downs: cargo tie-downs
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Air Compressor: tire mobility kit
Standard Engine:

Engine 181-hp, 1.5-liter I-3 (premium)
Standard Transmission:

Transmission 8-speed automatic w/ OD
Printed On 01/27/2022 12:13:12 PM Page 6 of 6

Item 13.

Prepared For: City of Coachella Date 01/27/2022
Martinez, Maritza AE/AM RRM/M7B
Unit #
Year 2022 Make Ford Model Explorer
Series Base 4dr 4x2
Vehicle Order Type Ordered Term 60 State CA Customer# 588084 $ 29,596.00 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 496.50 * Initial License Fee
$ 0.00 Registration Fee
$ 325.00 Other: (See Page 2)
$ 0.00 Capitalized Price Reduction
$ 0.00 Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color Oxford White
Interior Color Sandstone w/Cloth Captain's Chairs
Lic. Plate Type Exempt
GVWR 0
$ 29,921.00 Total Capitalized Amount (Delivered Price)
$ 403.93 Depreciation Reserve @ 1.3500%
$ 104.51 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 508.44 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 41.50 Full Maintenance Program 3 Contract Miles 37,500 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 41.50 Additional Services SubTotal
$ 44.49 Sales Tax 8.7500% State CA
$ 594.43 Total Monthly Rental Including Additional Services $ 5,685.20 Reduced Book Value at 60 Months
$ 450.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.

LESSEE City of Coachella

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 6192148
Printed On 01/27/2022 01:48:33 PM Page 1 of 6

Item 13.

Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 200.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 325.00
Other Charges Total $ 325.00
Open-End (Equity) Lease Rate Quote Quote No: 6192148
Printed On 01/27/2022 01:48:33 PM Page 2 of 6

Item 13.

VEHICLE INFORMATION:
2022 Ford Explorer Base 4dr 4x2 - US
Series ID: K7B
Pricing Summary:

INVOICE MSRP
Base Vehicle $32,248 $33,245.00
Total Options $188.00 $200.00
Destination Charge $1,295.00 $1,295.00
Total Price
SELECTED COLOR:

Exterior: YZ-Oxford White
Interior: 7N-Sandstone w/Cloth Captain's Chairs
SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
100A Equipment Group 100A NC NC
119WB 119.1" Wheelbase STD STD
16B Front & 2nd Row Floor Liners (16B) $188.00 $200.00
7 Cloth Captain's Chairs Included Included
425 50 State Emissions System STD STD
44T Transmission: 10-Speed Automatic Included Included
7N_01 Sandstone w/Cloth Captain's Chairs NC NC
99H Engine: 2.3L EcoBoost I-4 Included Included
CONECT FordPass Connect Included Included
PAINT Monotone Paint Application STD STD
STDAX 3.58 Non-Limited-Slip Rear Axle Ratio Included Included STDGV GVWR: TBD Included Included
STDRD Radio: AM/FM Stereo Included Included
STDTR Tires: P255/65R18 AS BSW Included Included
STDWL Wheels: 18" 5-Spoke Silver-Painted Aluminum Included Included SYNC SYNC 3 Communications & Entertainment System Included Included YZ_02 Oxford White NC NC
$33,731.00 $34,740.00
Open-End (Equity) Lease Rate Quote Quote No: 6192148
Printed On 01/27/2022 01:48:33 PM Page 3 of 6

Item 13.

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Driver And Passenger Mirror: power remote manual folding side-view door mirrors Spoiler: rear lip spoiler
Door Handles: black
Front And Rear Bumpers: body-coloured front and rear bumpers Body Material: galvanized steel/aluminum body material
Body Side Cladding: black bodyside cladding
Grille: black grille
Convenience Features:

Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Rear Air Conditioning: rear air conditioning with separate controls Voice Activated A/C: voice activated air conditioning
Cruise Control: cruise control with steering wheel controls Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Trunk FOB Controls: keyfob trunk/hatch/door release
Remote Engine Start: remote engine start - smart device only Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors Emergency SOS: SYNC 3 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 5 12V DC power outlets
Entertainment Features:
radio SiriusXM AM/FM/Satellite with seek-scan
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off aero-composite LED low/high beam headlamps Auto-Dimming Headlights: Ford Co-Pilot360 - Auto High Beam auto high-beam headlights Front Wipers: variable intermittent speed-sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper with heating wiper park Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Printed On 01/27/2022 01:48:33 PM Page 4 of 6

Item 13.

Front Reading Lights: front and rear reading lights
Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: Reverse Sensing System rear parking sensors Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: pedestrian detection
Following Distance Indicator: following distance alert
Forward Collision Alert: forward collision
Water Temp Gauge: water temp. gauge
Oil Level Gauge: oil level gauge
Clock: in-radio display clock
Systems Monitor: systems monitor
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Bulb Failure Warning: bulb-failure warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: compact spare tire
Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st, 2nd and 3rd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: SecuriLock immobilizer
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Printed On 01/27/2022 01:48:33 PM Page 5 of 6

Item 13.
3rd Row Headrests: 2 manual adjustable third row head restraints Seats And Trim:

Seating Capacity max. seating capacity of 7
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining 35-30-35 split-bench seat Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: rear seat fold-forward seatback
3rd Row Seat Type: fixed third row 50-50 bench seat
3rd Row Electric Control: fold into floor third row seat Leather Upholstery: cloth front and rear seat upholstery Door Trim Insert: cloth door panel trim
Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: metal-look/piano black instrument panel insert, door panel insert, console insert Floor Mats: carpet front and rear floor mats
Interior Accents: chrome/metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Tie Downs: cargo tie-downs
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:

Engine 300-hp, 2.3-liter I-4 (premium)
Standard Transmission:

Transmission 10-speed automatic w/ OD
Printed On 01/27/2022 01:48:33 PM Page 6 of 6

Item 13.

Prepared For: City of Coachella Date 01/07/2022
Martinez, Maritza AE/AM RRM/M7B
Unit # 25KN88
Year 2022 Make Ford Model F-150
Series XL 4x2 SuperCab 6.5 ft. box 145 in. WB
Vehicle Order Type In-Stock Term 60 State CA Customer# 588084 $ 28,851.81 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 531.01 * Initial License Fee
$ 0.00 Registration Fee
$ 125.00 Other: (See Page 2)
$ 0.00 Capitalized Price Reduction
$ 0.00 Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name TBD
Exterior Color (0 P) Oxford White
Interior Color (0 I) Black w/Medium Dark Slate w/Cloth 40/20 Lic. Plate Type Exempt
GVWR 0
$ 28,976.81 Total Capitalized Amount (Delivered Price)
$ 391.19 Depreciation Reserve @ 1.3500%
$ 110.24 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 501.43 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 41.23 Full Maintenance Program 3 Contract Miles 37,500 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 41.23 Additional Services SubTotal
$ 43.88 Sales Tax 8.7500% State CA
$ 586.54 Total Monthly Rental Including Additional Services $ 5,505.41 Reduced Book Value at 60 Months
$ 450.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.

LESSEE City of Coachella

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 6158558
Printed On 01/07/2022 12:23:21 PM Page 1 of 6

Item 13.

Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 125.00
Other Charges Total $ 125.00
Open-End (Equity) Lease Rate Quote Quote No: 6158558
Printed On 01/07/2022 12:23:21 PM Page 2 of 6

Item 13.

VEHICLE INFORMATION:
2022 Ford F-150 XL 4x2 SuperCab 6.5 ft. box 145 in. WB - US Series ID: X1C
Pricing Summary:

INVOICE MSRP
Base Vehicle $32,542 $34,075.00
Total Options $2,148.25 $2,620.00
Destination Charge $1,695.00 $1,695.00
Total Price
SELECTED COLOR:

Exterior: YZ-(0 P) Oxford White
Interior: CS-(0 I) Black w/Medium Dark Slate w/Cloth 40/20/40 Front Seat SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
101A Equipment Group 101A High $1,393.00 $1,530.00
145WB 145" Wheelbase STD STD
153 Front License Plate Bracket NC NC
44G Transmission: Electronic 10-Speed Automatic Included Included 50S Cruise Control Included Included
53A Trailer Tow Package $992.00 $1,090.00
53B Class IV Trailer Hitch Receiver Included Included
61X91K MyKey Included Included
64C Wheels: 17" Silver Steel Included Included
67T Integrated Trailer Brake Controller Included Included 76R Reverse Sensing System Included Included
85A XL Power Equipment Group Included Included
85AGTE Power Tailgate Lock Included Included
85AILL Illuminated Entry Included Included
85AMIR Power Glass Sideview Mirrors w/Black Skull Caps Included Included 85APAL Perimeter Alarm Included Included
85APLK Power Door Locks Included Included
85APWN Power Front & Rear Windows Included Included
99B Engine: 3.3L V6 PFDI Included Included
C Cloth 40/20/40 Front Seat Included Included
CS_01 (0 I) Black w/Medium Dark Slate w/Cloth 40/20/40 Front Seat NC NC DLR dealer adjustment $-236.75 $0.00
PAINT Monotone Paint Application STD STD
PTBA Pro Trailer Backup Assist Included Included
STDGV GVWR: 6,250 lbs Payload Package Included Included STDRD Radio: AM/FM Stereo w/6 Speakers Included Included STDTR Tires: 245/70R17 BSW A/S Included Included
SYNC SYNC 4 Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X26 3.73 Axle Ratio NC NC
YZ_01 (0 P) Oxford White NC NC
$36,385.25 $38,390.00
Open-End (Equity) Lease Rate Quote Quote No: 6158558
Printed On 01/07/2022 12:23:21 PM Page 3 of 6

Item 13.

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Driver Door: reverse opening rear passenger doors
Rear Cargo Door Type: tailgate
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Convex Driver Mirror: convex driver and passenger mirror Door Handles: black
Front And Rear Bumpers: black front and rear bumpers with body-coloured rub strip Rear Step Bumper: rear step bumper
Front License Plate Bracket: front license plate bracket Box Style: regular
Body Material: aluminum body material
: class IV trailering with harness, hitch, brake controller Grille: black grille
Convenience Features:

Air Conditioning manual air conditioning
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (front doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Remote Engine Start: remote engine start - smart device only Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Emergency SOS: SYNC 4 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Overhead Console: full overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
IP Storage: bin instrument-panel storage
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 1 12V DC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Radio Data System: radio data system
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off aero-composite halogen headlamps Auto-Dimming Headlights: Ford Co-Pilot360 - Auto High Beam auto high-beam headlights Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Printed On 01/07/2022 12:23:21 PM Page 4 of 6

Item 13.

Tachometer: tachometer
Voltometer: voltmeter
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: Reverse Sensing System rear parking sensors Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Front Pedestrian Braking: pedestrian detection
Forward Collision Alert: forward collision
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Clock: in-radio display clock
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac with Curve Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear 60-40 split-bench seat
Rear Folding Position: rear seat fold-up cushion
Leather Upholstery: cloth front and rear seat upholstery Printed On 01/07/2022 12:23:21 PM Page 5 of 6

Item 13.

Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Cabback Insulator: cabback insulator
Shift Knob Trim: urethane shift knob
Interior Accents: metal-look interior accents
Standard Engine:

Engine 290-hp, 3.3-liter V-6 (regular gas)
Standard Transmission:

Transmission 10-speed automatic w/ OD and PowerShift automatic Printed On 01/07/2022 12:23:21 PM Page 6 of 6

Item 13.

STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve appropriation of $45,000 for 2022 Coachella Mariachi Festival and authorize operation of a beer garden on Saturday, April 2, 2022 from 5pm-9pm at Veterans Memorial Park.

STAFF RECOMMENDATION:

Approve appropriation of $45,000 for 2022 Coachella Mariachi Festival and authorize operation of a beer garden on Saturday, April 2, 2022 from 5pm-9pm at Veterans Memorial Park.

EXECUTIVE SUMMARY:

The Coachella Mariachi Festival is a spring event that has occurred since 2017 at Veterans Memorial Park. Staff is recommending the event take place on Saturday, April 2, 2022 from 5pm to 9pm. This year’s event is recommended to also take place at Veterans Memorial Park, 1500 Fourth Street, Coachella.

Starting at 5pm the event will highlight four different mariachi groups and one folklorico dance performance. Also available during the event will be: inflatable slides, lawn games, mechanical bull rides, food vendors and a beer garden. This is a free community event and has no admission or parking fees.

Staff is requesting approval to allocate a $45,000 budget for the event and authorization to allow the operation of a beer garden as part of the event from 5pm-9pm. The requested budget will be utilized as follows:
 Entertainment = $ 25,000
 Sound = $8,000
 Rentals = $9,000
 Marketing = $3,000
FISCAL IMPACT:

The recommended action will require an appropriation from unallocated general fund reserves totaling $45,000.

Item 14.

STAFF REPORT
2/9/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award maintenance services agreement to Vintage Associates, Inc. for Landscape Maintenance Services for Grapefruit Blvd Medians and Parkway Project No. 121421 and authorize appropriation for FY 21/22 of $29,400.00.

STAFF RECOMMENDATION:

Award maintenance services agreement to Vintage Associates, Inc. for Landscape Maintenance Services for Grapefruit Blvd Medians and Parkway Project No. 121421 and authorize appropriation for FY 21/22 of $29,400.00.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for Landscape Maintenance Services for Grapefruit Blvd Medians and Parkway. This RFP closed on January 12, 2022 and the City received three responses. As included in the RFP, the selection criteria used to identify the most qualified Proposer was based upon the highest scoring proposer; scoring was completed based upon a three-member staff selection panel. Each panelist member scored all proposals received per the evaluation criteria established in the RFP:
• Contractor Information (Including References)
o 25 Points
• Proposed Project Work Schedules
o 25 Points
• Proposed Facilities, Equipment, Materials, and Staffing Schedule o 25 Points
• Cost Proposal
o 20 Points
• Completeness, Thoroughness, Clarity, and Neatness of Proposal o 5 Points

Item 15.

Based upon these selection criteria, the top ranked proposer selected was Vintage Associates, Inc. The scores for each proposer are reflected below:

Scores 1 2 3 Totals
Conserve Landcare 79 78 85 242
Mariposa Landscape 64 76 75 215
Vintage Associates, Inc. 78 81 92 251
Staff recommends award of the RFP and corresponding landscape maintenance agreement in an amount not to exceed $135,240.00 (two-year term) to Vintage Associates, Inc.; the recommended award amount is the two-year contract amount of $117,600 plus a 15% contingency to allow for plant replacement and rehabilitation as needed throughout the agreement term. The term for the proposed agreement is from February 14, 2022 – February 13, 2024.

FISCAL IMPACT:

The recommended action will require a fiscal year 2021/2022 appropriation from general fund to the Streets Division account, 101-11-148-20-334-000, for $29,400.00.

Attachments:

Proposed Agreement

Item 15.

CITY OF COACHELLA -1-

CITY OF COACHELLA

MAINTENANCE SERVICES AGREEMENT
Project No 121421

1. PARTIES AND DATE.

This Agreement is made and entered into this 9
th day of February, 2022 by and between
the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 (“City”) and Vintage Associates, Inc., a corporation with its principal place of business at 78755 Darby Road, Bermuda Dunes CA 92203 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Landscape Maintenance Services for: Grapefruit Blvd Median and Parkway Project No. 121421 (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 14, 2022 to February 13, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.1.3 Incorporation of Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Change Orders executed by the City
 Addenda, if any
 Maintenance Services Agreement
 Specific Terms and Conditions
 General Terms and Conditions
 Scope of Services (Exhibit “A”)
 Schedule of Services (Exhibit “B”)
 Compensation (Exhibit “C”)
 Performance and Payment Bond (Exhibit “D”)
 Special Provisions (Exhibit “E”)
 Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
 The Notice Inviting Proposals, if any
 The Request for Proposals, if any
 Contractor’s Proposal

3.1.4 Precedence. To the extent there is a conflict between any portions of the Contract Documents, the order of precedence shall be in the order set forth above.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

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3.2.4 City’s Representative. The City hereby designates City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Kyle Gritters, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement and all communications given to the Contractor’s Representative shall be as binding as if given to the Contractor. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. The Contractor’s Representative shall be present on the work site at all times as required to perform adequate supervision and coordination of the work. Contractor shall not change its Contractor’s Representative without written approval of Engineer.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

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3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall

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defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability

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limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with

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respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officers, employees, agents and volunteers, or any other additional insureds.

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

All policies shall waive any right of subrogation of the insurer against the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers,

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employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Contract Documents. The Contractor shall carefully study and compare the Contract Documents with each other and with information available to the Contractor and furnished by the City and shall immediately notify the Engineer of errors, inconsistencies or omissions discovered. If the Contractor performs any maintenance activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without notice to the Engineer, the Contractor shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction.

3.2.15.2 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior

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to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.3 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.15.4 Hazardous Materials and Differing Conditions. Except as set forth in the Special Conditions or Specifications, should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substance and hazardous materials as defined in California state or federal law at the Site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the

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benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred thirty-five thousand two hundred forty dollars and no cents ($135,240.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Agreement.

3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Agreement prior to final payment by City.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which

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is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement; Temporary Suspension of Work

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written

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notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.4.4 Temporary Suspension of Work. The Engineer may order the Contractor to suspend the work on the project, wholly or in part, for such period of time as he may deem necessary due to unsuitable weather or to such other conditions as may be considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure of the Contractor to carry out orders given or to perform any provision of the contract. The Contractor shall immediately comply with the order of the Engineer to suspend the work, wholly or in part, as the order may provide. Work shall be resumed when conditions are favorable or when the methods have been corrected, as ordered or approved in writing by the Engineer.

3.5 General Provisions.

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

Contractor:

Vintage Associates, Inc.
78755 Darby Road, Bermuda Dunes CA 92203
Attn: David Smith, Vice President
City:

City of Coachella
53-990 Enterprise Way, Coachella CA 92236
Attn: Maritza Martinez, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City of Coachella, Coachella Fire Protection

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District, Coachella Sanitary District, Coachella Water Authority, and their officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, or their officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, or their officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, or their officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding.

Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

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3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Anti-Trust Claims. This provision shall be operative if this Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COACHELLA
AND VINTAGE ASSOCIATES, INC.
 IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 9TH day of February, 2022.


CITY OF COACHELLA
By:

Gabriel D. Martin, PhD
City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
VINTAGE ASSOCIATES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number

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
EXHIBIT “A”

SCOPE OF SERVICES

SCOPE OF WORK
These Specific Terms and Conditions (hereinafter referred to as “specifications”) establish the City of Coachella’s standards for the maintenance of the landscaped areas listed in Contract Agreement Exhibit “A”. Please note level of service required for this contract is Level of Service A as these areas are high visibility areas.

1. Scope of Work
a. The intent of the Agreement is to secure a Contractor which shall provide Landscape Maintenance Services.
b. Contractors shall furnish all labor, tools, materials and equipment, except where otherwise specified, to provide landscape maintenance services as set forth in this Agreement.
c. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Director of Public Works, or his/her authorized agent, and comply with all legal construction and landscape maintenance practices. The premises shall be maintained at the level of service provided for in these specifications at all times.
d. Contractors shall have the duty to provide landscape maintenance of City Landscape Maintenance Services for Grapefruit Blvd Medians and Parkways work sites according to each site schedule including, but not limited to, the following:
i. Prune, shape and trim shrubs, vines and ground cover plants. ii. Control weeds.
iii. Blow hardscape clean.
iv. Maintain plant material in a healthy condition with horticultural acceptable growth and color.
v. Maintain all parts of irrigation system.
vi. Perform general area clean-up, including the removal of leaves, trash, dog feces and other debris at each site.
vii. Maintain all work sites in a safe, attractive and usable condition. viii.Empty trash cans and remove letter at each site.
ix. Contractors shall contact the assigned City Representative or designee on a daily basis to discuss the contractor work schedule for the day, existing problems, or other important information. x. Contractors shall perform a maintenance inspection, during daylight hours, of all areas.
xi. Contractors shall attend a mandatory inspectors’ meeting each week in order to receive important information and resolve any problems. xii. Contractor shall complete and submit a monthly Site Inspection form per each site.

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xiii. Contractor shall examine each playground wood chip surface area and any litter/unwanted material removed. Wood chips are to be raked and care taken to ensure an even dispersion of the chip. Weeds shall be removed immediately.
xiv. Contractor shall recycle green waste generated from their contract performance and submit a monthly report identifying the weight and /or volume of green waste recycled.
xv. Contractors shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. (Emergencies that involve maintenance work included in these general conditions shall not be compensated).

Failure to provide the manpower, equipment, tools, materials, services, and special skills necessary to accomplish above Scope of Work to the standard established by these specifications may result in a Performance Deficiency Deduction and/or a reduction in payment.

CONTRACTOR’S LICENSE REQUIREMENTS
City of Coachella Business license (current)
C-27 Landscape Contractors License (current and active) State of California Pesticide License QAL for chemical applications category B (current and active)
State of California Pest Control Business License (current) County of Riverside Pesticide Business License Registration (current)

MANDATORY INITIAL INSPECTION & ACCEPTANCE OF

DESIGNATED LANDSCAPE AREAS
The Public Works Director (or Director’s designee) and the Contractor shall conduct an inspection of the designated landscape areas covered under this Contract-Agreement as soon as practicable after its execution, and prior to commencement of Contractor's operations. The purpose is to allow the Contractor and the City representative to observe and note any deficiencies or potential problems with landscape area plant materials, decomposed granite/gravel areas, or designated hardscape surfaces and structures.

A. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract.

B. The Public Works Director or his designee and the Contractor will perform an operational irrigation inspection.

Any corrective items that are observed during the initial inspection, and acknowledged by both parties, may be resolved with the current Contractor or with the successful Contractor on a "one time only" extra work basis. After a specified time frame for

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corrections the landscape area plant materials, and designated hardscape surfaces and structures will be turned over to the Contractor for contract maintenance. Thereafter, failure to maintain designated landscape areas up to this established standard shall result in the City deducting payment of all or part of the Contractor's compensation, as noted in pertinent sections of these General Terms & Conditions, as well as in the Special Terms & Conditions.

CONTRACTOR’S WORK SCHEDULES
It is the intent to schedule maintenance in a manner that keeps the designated landscape areas in a state of healthy, vigorous growth.

The Contractor shall submit a Maintenance Schedule provided to the City scheduling the Maintenance Operations, including but not limited to the tasks identified in the below chart. The suggested regularity with which these tasks are to be scheduled are as recommended below or as needed per the direction of the City Representative, whichever achieves the desired service level.

Bi
Daily Weekly Monthly Quarterly Annually
Mowing and Edging
1x &/or
2x
Litter Removal x
Weed Control X
Minor Tree Pruning X
Ground Cover Edge/Trim X
Shrub Trimming X
DG / Wood Chip Raking X
Parkway Area Main. X
Irrigation Main. x
Herbicide Application X
Pest Control X
Hardscape Surfaces X
The Contractor shall submit immediately upon issuance of notice to proceed a work schedule for each designated landscape area, which will include as minimum the following:

A. Crew Size to be determined for the life of the contract B. Time and Date for each activity specifying when each work will be completed

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At the Mandatory Initial Inspection meeting, the Contractor will present a temporary or base line schedule of work for the upcoming year. It is preferred that a computerscheduling program compatible with City software be used to generate this schedule.

At 30 days from start of contract, a permanent schedule will be given to the City, hereinafter referred to as the FREQUENCY SCHEDULE. Failure to provide this schedule to the City in the appropriate time shall result in termination of the contract; failure to adhere to the Frequency Schedule shall result in PERFORMANCE DEFICIENCY DEDUCTIONS.

Monthly Walk-Through and Reports
The Contractor, as part of this agreement, will submit a monthly report with invoice.

Failure to submit reports and schedules in the time specified shall result in a $200 Performance Deficiency Deduction per occurrence, delay in payment, and/or termination of the contract. The Contractor may submit the monthly report and schedule using a computer based program or, the Contractor may submit the report and schedule in writing. It is preferred that a computer-scheduling program compatible with City software be used to generate this schedule. The following information must be included on the monthly schedule:

A. Schedule of maintenance: At the end of each month, the Contractor’s representative and the City representative shall have a walkthrough of the Parks.

The walk-through will focus on but not be limited to: work just completed, seasonal maintenance tasks, the Frequency Schedule and its pertinent tasks, as well as any Extra Work needed. This will generate a punch list from which the contractor will develop the next month’s schedule.

1. Contractor shall provide a schedule of maintenance at the start of each month identifying areas to be maintained and a time frame of when each function shall be performed. This schedule should include the Frequency Schedule as it pertains to the maintenance for that month.

2. Monthly schedules shall be adjusted to compensate for all City-recognized holidays.

3. Monthly schedules shall be adjusted as directed by the City representative.

B. The Public Works Department or city staff may request to be part of the WalkThrough or at any time the City deems it necessary.

1. The City will assume that the Contractor will adhere to the schedule. The City must receive notification of changes at least 12 hours in advance of the scheduled time for performance of the work.

2. Failure to notify the City of a schedule change and/or failure to perform an item of work on the scheduled day may result in a payment adjustment to reflect only the work actually accomplished.

3. A monthly report, including an irrigation inspection report, based upon the schedule outlined in the Frequency Schedule and will be turned in at the monthly walk through meeting. Failure to submit this report at the time of the monthly walk through meeting may result in a $200 Performance Deficiency Deduction per occurrence..

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4. A monthly report, based upon the approved monthly schedule, and green waste recycling reports, will be turned in at the monthly walk through meeting.

Failure to submit this report at the time of the monthly walk through meeting may result in a $200 Performance Deficiency Deduction per occurrence.

SAFETY
Contractor shall conduct all operations performed under this Agreement in a manner that complies with all applicable federal, state, and local safety laws, rules, orders, and regulations, including but not limited to those set forth in the contract’s General Terms and Conditions, as well as those set forth in these specifications.

REPORTING DAMAGE/MALFUNCTION/VANDALISM
Any damage to, or malfunction of, any irrigation systems, any facility not specifically stated in this Agreement shall be promptly reported to the Director. Contractors shall be responsible for reporting any vandalism/theft of existing landscaped areas which are maintained under this contract and damaged or altered in any way as a result of theft and/or mysterious damages that do not result from the performance of the Contractors.

STORAGE FACILITIES
The City of Coachella shall not provide any storage facilities for the Contractors.

PLANT MAINTENANCE
A. All plant material shall be maintained as needed to prevent obstruction as well as possible safety concerns to vehicles, pedestrians and/or the general public.

Shrubs shall be maintained to create adequate line-of-sight vision for vehicles where applicable. All vegetation shall be maintained in such a manner as to eliminate over growth beyond its designated parameter and/or encroachment onto sidewalks or curbs. Keep plants located adjacent to sidewalks at a maximum height of three (3) feet and pruned back one (1) foot from edge of sidewalk.

B. Dead material shall be pruned from plants as they occur. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one week, unless otherwise directed by the City and/or contract.

C. Plant material is to be pruned in a manner that is described as a two-step, naturalistic pruning procedure. The City may, at its own discretion, alter time lines or techniques, as the City deems necessary.

D. The Contractor shall be responsible for replacing dead plant material, at no cost to the City, that dies 30 days from commencement of the contract and throughout the term of this contract due to neglect, lack of maintenance or improper care.

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E. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract. This will be accomplished during the mandatory acceptance walk through with the City representative(s) and the Contractor.

TREE MAINTENANCE
A. Trees shall be pruned as needed to remove broken or diseased branches, or for traffic and pedestrian safety. Sidewalk clearance will be eight feet and vehicular clearance fourteen feet from grade. Any broken, structurally unsound or detached limb is considered a hazard. Suckers will be removed as they appear.

B. The Contractor is only responsible for trees under fifteen feet in height for safety and sucker control only. Palm Trees under fifteen (15) feet in height are the responsibility of the contractor. All other tree pruning will be performed under a separate contract, including palm trees. Dead palm fronds and seedpods however, shall be removed from trees less than 15 feet as they appear.

C. In order to promote proper form, strength, health, and appearance consistent with their intended use, any tree pruning done at the request of the City shall be consistent with: the current and applicable International Society of Arboriculture (ISA) guidelines; American National Standards Institute (ANSI) standards, including but not limited to ANSI 300 (most current revision) and ANSI Z133 (most current revision); Chapters 12.24 (Street Trees) and 12.28 (Palm Trees) of Title 12 of the City of Coachella’s Municipal Code.

D. NO TOPPING OF TREES WILL BE ALLOWED.

E. The Contractor shall be responsible for all tree staking. Ties will be monitored to prevent girdling. Remove ties and stakes as directed by the City. Broken stakes are to be removed and if appropriate, replaced. Contractor shall replace tree stakes within twenty-four (24) hours of receiving a corrective action notification from the City; failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per site for each day Deficiency remains uncorrected beyond deadline. Stakes should not remain on the trees longer than 6 months. If the tree cannot stand upright once stakes are removed, the City will then determine whether or not to replace the tree.

F. The Contractor shall remove their debris from pruning and tree maintenance the same working day as accumulated. See also LITTER
CONTROL/DEBRIS REMOVAL Section below.

G. The Contractor shall be held responsible for any damages done to trees due to poor management procedures. The Contractor shall replace trees, at no cost to the City, that die 30 days after acceptance of the contract due to neglect, lack of maintenance, infestation or improper care. This does not include those trees identified on the mandatory walk with the City and the Contractor.

H. Any trees broken or damaged as a direct result of storm damage, wind, accident or vandalism shall be pruned and/or removed within 24 hours of notification and may be considered an Extra Work to the Contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor.

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Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an Extra Work item.

I. An 18” radius tree well will be maintained around the trunks of trees growing in turf or ground cover areas. Shrubs and/or shrub canopies shall not be permitted to encroach within 12” of tree trunks or root crowns. No weed eater shall be used around trees.

SHRUB MAINTENANCE
A. Pruning

1. Shrubs shall be pruned as required for safety, removal of broken and diseased branches, general containment, and appearance.

2. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain their size with respect to species, size of planters and the best health of the plant and/or as described in the Frequency Schedule; coordinate with City representative.

3. Pruning shall be done with sharp pruning tools and no weed eaters.

4. Prune shrubs to retain as much of the natural informal appearances as possible, consistent with intended use. Coordinate with City representative.

5. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance.

6. All pruning cuts shall be one quarter (1/4) inch above a node (bud). No projections or stubs shall be allowed to remain.

7. Pruning shall be done to maintain a well-groomed, laced-out appearance, and encourage air movement through the shrub.

8. Care shall be taken to prevent soil build-up around the crown of shrubs.

9. Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site.

10.Remove any spent blossoms or dead flower stalks as required to present a neat appearance.

11.Shrubs and mounding shall not exceed 2 feet in height within areas required for vehicle sight distance depending upon roadway topography.

B. Shrubbery Replacement
The Contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the contractor’s faulty maintenance or negligence, as determined by the City representative.

C. Pruning Schedule
Shrubs shall be pruned and trimmed as needed or as requested by the City’s representative. Shrubs shall be pruned and trimmed using sound horticultural techniques. Shrubs shall be maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not to encroach on same. In addition, all shrubs shall be trimmed to maintain horizontal clearance along all walkways and trails to prevent encroachment onto private property and to remove dead, damaged or diseased plant material.

D. Fertilization
SEE FERTILIZER APPLICATIONS Section below.

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E. Cultivation
Contractor shall cultivate around shrub and tree areas and tree wells sufficiently and often enough to control weed growth and maintain existing irrigation and drainage ditches.

F. Irrigation (Deep Soaking)
See WATER MANAGEMENT Section below.

GROUND COVER MAINTENANCE
A. General

1. Trim ground cover adjacent to walks, walls and/or fences as required for general containment to present a neat, clean appearance, with neat uniform lines.

2. Remove broad-leafed and grass weeds as required. Weeds shall be controlled and not allowed to reach two-inch (2”) height. Remove weeds by chemical or mechanical means as approved by City representative. See also WEED CONTROL, PEST CONTROL, and HERBICIDES Sections below.

3. Prevent soil compaction by cultivating regularly all ground cover areas.

4. Remove debris that accumulates on ground fixed lighting fixtures.

5. Any paper or litter that accumulates in ground cover areas shall be picked up on a daily basis. See also LITTER CONTROL/DEBRIS REMOVAL Section below.

6. Keep ground cover trimmed back from all drip line irrigations, controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground cover to grow up the trunk of trees, into shrubs, on structures or walls unless directed by the City representative. Keep trimmed back approximately 4 inches from structure or walls and two (2) inches from sidewalks, curbs, mow curbs, and walkways. Coordinate trimming around base of shrubs/trees with City representative.

7. Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage.

8. Bare soil area shall be cultivated a minimum of once per month and/or mulched as directed by the City representative (mulch will be supplied or paid for by the City).

9. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site.

10.After edging or trimming, the Contractors shall sweep clean all adjacent sidewalks or gutters.

11.See FERTILIZER APPLICATIONS Section below.

WEED CONTROL
A. Planters, gravel areas, sidewalks, curb and gutters, expansion joints, fence lines, drainage areas, bare areas, and around plants and trees shall be kept free of grass and weeds. This will be done on an as-needed basis.